Answer ... (a) Procedure, including evidence?
Article 19(2) of Schedule 1 to the act empowers the arbitrator, in the absence of agreement by the parties, to conduct the arbitration in such a manner as it considers appropriate.
The arbitrator, in exercising this power, is free to determine the admissibility, relevance, materiality and weight of any evidence.
Article 26 empowers the arbitrator, in the absence of agreement to the contrary between the parties, to appoint an expert to the tribunal and to require any party to submit to the expert any relevant information.
Article 27 provides for the assistance of the court in the taking of evidence in the form of a subpoena for the attendance of a witness at proceedings or for the production of documents. In addition, Article 27 provides for the taking of evidence outside of the jurisdiction of the court.
(b) Interim relief?
Article 17 of Schedule 1 to the act provides for the granting of interim measures upon hearing both parties.
An arbitrator is not empowered to grant preliminary orders (ex parte).
(c) Parties which do not comply with its orders?
Interim measures may be enforced upon application to the competent court. The court order so obtained will then be enforced through the ordinary mechanism of service by sheriff and potential attachment.
(d) Issuing partial final awards?
While the concept of a partial final award is not reflected in the wording of the International Arbitration Act, the granting of such an award is not precluded.
Article 32 of Schedule 1 to the act states that proceedings are terminated by the final award of the tribunal. As a partial final award does not intend to discharge the arbitrator of his or her duties as arbitrator, it is submitted that a partial final award is not a final award as envisaged in Article 32. However, the partial final award is finally dispositive of the matters addressed in that award.
(e) The remedies it can grant in a final award?
The International Arbitration Act does not prescribe the remedies which an arbitrator can grant in a final award.
Section 7 of the International Arbitration Act requires that the dispute fall within the ambit of the agreement and relate to a matter which the parties are entitled to dispose of by agreement.
It is therefore submitted that an arbitrator is entitled to grant any relief which would otherwise be capable of being performed by agreement between the parties and which falls within the ambit of the arbitration agreement.
Article 31(5) of Schedule 1 to the act states that a tribunal may award interest on such basis and on such terms as the tribunal considers appropriate and fair in the circumstances, also having regard to the currency in which the award was made, commencing not earlier than the date on which the cause of action arose and ending not later than the date of payment.