Answer ... (a) Procedure, including evidence?
In the absence of an agreement by the parties to this effect, the tribunal is free to conduct the proceedings in the manner which it deems appropriate. In doing so, it must ensure that the parties are treated equally and given sufficient opportunity to present their case.
Unlike the courts, arbitrators are not limited to hearing certain types of evidence. Hence, it is possible for the tribunal to have the parties testify as witnesses or to order the cross-examination of witnesses (which is not permitted in German state court litigation).
(b) Interim relief?
Once the tribunal has been constituted, it has the power to grant interim relief or to order conservatory measures. However, unlike state courts, tribunals do not have the power to enforce such relief. This requires the involvement of the state courts.
This is why parties often revert to the state courts for interim relief and conservatory measures. Notwithstanding the arbitral agreement, the state courts remain competent to grant such relief before and during the arbitration proceedings.
(c) Parties which do not comply with its orders?
The tribunal has no power to enforce compliance with its orders, but it can draw adverse inferences from non-compliance. For instance, if a party fails to abide by a fixed deadline, the tribunal may sanction such behaviour by treating the submission and the assertions made therein as delayed and hence precluded (see question 30). Furthermore, the tribunal may take into consideration any obstructions of the arbitration when deciding on the allocation of costs.
(d) Issuing partial final awards?
The tribunal can issue partial awards at any point during the proceedings. Such awards have final and binding character as to their subject. If the character of the decision is not final, a partial award may not be issued.
(e) The remedies it can grant in a final award?
Just as in litigation before the German courts, the arbitrators are bound by the procedural principle of ne ultra petita - that is, they cannot grant other remedies than those formally sought by the parties. Hence, the tribunal is bound not only in terms of quantity, but also in terms of quality when deciding which remedies to grant to which party. Otherwise, there are no general limitations with respect to the types of relief that a tribunal can grant, as opposed to a state court.
The German Arbitration Act does not provide for special legal grounds to grant interest. In most cases, interest is awarded on a substantive law basis (eg, delay damages; late payment). It is highly disputed if, in the absence of such a substantive law basis, the tribunal may award procedural interest by analogy to Section 104 of the Code of Civil Procedure.