Answer ... (a) Procedure, including evidence?
The proceedings will take place in accordance with the arbitration agreement or the rules of the arbitration institution.
Evidence is ordered and taken by the tribunal, which has exclusive power to determine the materiality, relevance and weight of the evidence proposed by the parties.
However, the tribunal cannot compel or sanction witnesses, experts or public authorities for failing to appear or produce documents, and the intervention of a court is required to impose any sanctions. In this situation, the tribunal or the parties (with the assent of the tribunal) may request the assistance of the courts, acting in accordance with domestic law.
(b) Interim relief?
After the tribunal has been constituted, it may issue conservatory and provisional measures and acknowledge certain factual circumstances. If the parties refuse to comply, the domestic court may be seized to take enforcement measures.
(c) Parties which do not comply with its orders?
As a general rule, the tribunal can ask the national courts to enforce orders issued by the tribunal. Depending on the nature of the order, there are several different possible outcomes. For example, if the parties do not comply with an order to produce evidence within the specified timeframe, the tribunal can decide not to allow submission of the evidence; and if the parties do not deposit the arbitral fees, the tribunal may not commence the proceedings until the deposit has been made.
(d) Issuing partial final awards?
There are no express restrictions on the issuance of partial final awards. However, the legal framework contemplates the jurisdictional mandate of the tribunal to issue a final award resolving the dispute, rather than just a part thereof, and this is common practice. This practice is supported by the fact that there is no legal remit for judicial courts to issue final decisions on liability separate from quantum, which tends to weigh heavily on arbitration practice.
(e) The remedies it can grant in a final award?
The tribunal can grant in a final award only what was expressly requested by the parties; otherwise, there are no legal restrictions as to the remedies that a tribunal can grant.
The tribunal can award interest if requested and if the law applicable to the merits allows for this.