Commentary

57.3 Failure by arbitral tribunal to comply with its general duty

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

57.3 Failure by arbitral tribunal to comply with its general duty

57.3 Failure by arbitral tribunal to comply with its general duty1

The ‘general duty of the tribunal’ is set out in the Arbitration Act 1996 Section 33(1), and requires the tribunal to:

  1. 57.3.1

        act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting its case and dealing with that of its opponent; and

  2. 57.3.2

        adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay or expense, so as to provide a fair means for the resolution of the matters falling to be determined.

Successful challenges have been brought under this head in

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