| Commentary

33 Conduct of arbitral proceedings

| Commentary

33 Conduct of arbitral proceedings

It is for the arbitral tribunal to decide all procedural and evidential matters, subject to the right of the parties to agree any matter1. The Arbitration Act 19962 sets out a non-exhaustive list of such procedural and evidential matters, including the key matters discussed at Paragraphs 33.1 to 33.3 below. Parties can and frequently do agree on specific rules of procedure and evidence by adopting institutional procedural rules and other standard-form instruments used in the arbitration community, such as the ‘IBA Rules on the Taking of Evidence in International Commercial Arbitration’3.

  1. 33.1

        Submissions: In the

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