Answer ... (a) Procedure, including evidence?
The parties are free to agree on the procedure to be followed by the tribunal. In the absence of such agreement, the tribunal may conduct the arbitration in such manner as it considers appropriate. In accordance with the Arbitration Act, the power conferred on the tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence (Article 19). In particular, the tribunal may request a competent court to assist it with the taking of evidence (Article 27). Further, and by way of example, unless otherwise agreed by the parties, the tribunal may:
- decide on holding oral hearings (Article 24(1));
- decide questions of language and the place of arbitration (Articles 20 and 22);
- appoint experts as to specific issues to be determined by the tribunal;
- require a party to give the experts any relevant information or to produce (or provide access to) any relevant documents, goods or other property for inspection; and
- order the experts to participate in the hearing (Article 26(1)(2)(3)).
(b) Interim relief?
Unless otherwise agreed by the parties, the tribunal may, at the request of a party, order any interim measures that it deems necessary as to the subject matter of the dispute. In that regard, the tribunal may order the party requesting the interim measures to post security in connection with such measures. If a party against which the interim measures are ordered fails to comply with the tribunal’s order, the other party may seek to enforce such interim measures before the competent court (Article 17).
(c) Parties which do not comply with its orders?
Tribunals do not have special authority to force the parties to comply with their orders. However, in terms of the taking of evidence, if a party fails to comply with the tribunal’s order, the tribunal may request assistance with taking evidence from the court (Article 27).
(d) Issuing partial final awards?
The Arbitration Act does not regulate the issuance of partial final awards. However, this should be not understood as a general prohibition of the same.
(e) The remedies it can grant in a final award?
The Arbitration Act does not specify which types of remedies may be granted in a final award.
Provisions on interest are not included in the Arbitration Act. However, this matter may be treated as part of the applicable substantive law to the dispute.