1. The Arbitrator’s Duty to Act as a Diligent Case Manager in National Legislation
General Principles vs. Specific Rules. The first distinction…
General Principles. Common wisdom has had it until some thirty years ago that arbitration was inexpensive, quick and confidential. There have been some judicial decisions saying that arbitration was a procedure to be conducted with reasonable despatch (I will leave confidentiality aside for present purposes), but that was a descriptive more than a prescriptive proposition, a statement which was not made when any remedial action had to be taken to ensure that arbitration would in fact remain quick. Therefore, those judicial statements…
The English Arbitration Act 1996. Common wisdom being insufficient to ensure…
The Arbitrator’s Duty to Avoid Unnecessary Cost and Delay. In the English…
Section 33. General duty of the tribunal.…
1 The Tribunal shall-…
a. act fairly and impartially as between the parties, giving each party a reasonable…
b. adopt procedures suitable to the circumstances of the particular case, avoiding…
2 The tribunal shall comply with that general duty in conducting the arbitral proceedings,…
This provision is important in more than one respect. Firstly, it sets out a “general…
Secondly, Section 4 of the English Arbitration Act 1996, [Mandatory and non-mandatory…
The object of the arbitrator’s duty is first of all to devise “procedures suitable…
Avoiding unnecessary cost and delay is the overriding objective. Arbitrators must…
The Parties’ Duty of Expedition. Section 40 of the English Arbitration Act 1996, is the other side of the coin in that it sets out the duty of the parties “to do all things necessary for the proper and expeditious conduct of the arbitral proceedings.” This is a mandatory provision according to Section 4(1) and Schedule 1…
The Debate in England. It is debated as a matter of English law what the practical…
Mustill and Boyd have emphasised that these provisions have great significance in…
A civil law lawyer would, more likely than not, take the view that provisions intended…
The French Law. French law has recently introduced a duty on the parties and the arbitrators to proceed with due despatch and loyalty.…
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