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.
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Famous quotes containing the word duties:
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—Oscar Wilde (1854–1900)
“Men are to be guided only by their self-interests. Good government is a good balancing of these; and, except a keen eye and appetite for self-interest, requires no virtue in any quarter. To both parties it is emphatically a machine: to the discontented, a “taxing- machine;” to the contented, a “machine for securing property.” Its duties and its faults are not those of a father, but of an active parish-constable.”
—Thomas Carlyle (1795–1881)