57.5 Failure by arbitral tribunal to conduct proceedings in accordance with agreed procedure

57.5 Failure by arbitral tribunal to conduct proceedings in accordance with agreed procedure1

Since the tribunal is empowered to determine all procedural and evidential matters (subject to any agreement of the parties)2, the courts will be hesitant to interfere with a tribunal’s procedural decisions3.

On applications under this head4, the courts have considered issues such as:

  1. 57.5.1

        the tribunal’s delay in publishing an award within the period agreed by the parties under the applicable institutional rules5;

  2. 57.5.2

        whether an award should have been declaratory only (and not monetary)6;

  3. 57.5.3

        whether an award should have been confined to liability (and not remedies