Duties
The duties of a tribunal will be determined by a combination of the provisions of the arbitration agreement and by the procedural laws which apply in the seat of the arbitration. The extent to which the laws of the seat of the arbitration permit "party autonomy" (the ability of the parties to set out their own procedures and regulations) determines the interplay between the two.
However, in almost all countries the tribunal owes several non-derogable duties. These will normally be:
- to act fairly and impartially between the parties, and to allow each party a reasonable opportunity to put their case and to deal with the case of their opponent (sometimes shortened to: complying with the rules of "natural justice"); and
- to adopt procedures suitable to the circumstances of the particular case, so as to provide a fair means for resolution of the dispute.
Read more about this topic: Arbitral Tribunal
Famous quotes containing the word duties:
“The Family is the Country of the heart. There is an angel in the Family who, by the mysterious influence of grace, of sweetness, and of love, renders the fulfilment of duties less wearisome, sorrows less bitter. The only pure joys unmixed with sadness which it is given to man to taste upon earth are, thanks to this angel, the joys of the Family.”
—Giuseppe Mazzini (1805–1872)
“It is fair to assume that when women in the past have achieved even a second or third place in the ranks of genius they have shown far more native ability than men have needed to reach the same eminence. Not excused from the more general duties that constitute the cement of society, most women of talent have had but one hand free with which to work out their ideal conceptions.”
—Anna Garlin Spencer (1851–1931)
“There must be a world revolution which puts an end to all materialistic conditions hindering woman from performing her natural role in life and driving her to carry out man’s duties in order to be equal in rights.”
—Muammar Qaddafi (b. 1938)