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:
“Neither years nor books have yet availed to extirpate a prejudice then rooted in me, that a scholar is the favorite of Heaven and earth, the excellency of his country, the happiest of men. His duties lead him directly into the holy ground where other men’s aspirations only point. His successes are occasions of the purest joy to all men. Eyes is he to the blind; feet is he to the lame. His failures, if he is worthy, are inlets to higher advantages.”
—Ralph Waldo Emerson (1803–1882)
“The duties which a police officer owes to the state are of a most exacting nature. No one is compelled to choose the profession of a police officer, but having chosen it, everyone is obliged to live up to the standard of its requirements. To join in that high enterprise means the surrender of much individual freedom.”
—Calvin Coolidge (1872–1933)
“What between the duties expected of one during one’s lifetime, and the duties exacted from one after one’s death, land has ceased to be either a profit or a pleasure. It gives one position, and prevents one from keeping it up. That’s all that can be said about land.”
—Oscar Wilde (1854–1900)