Arbitral tribunal’s powers under institutional and UNCITRAL Rules
Produced in partnership with Clifford Chance
Arbitral tribunal’s powers under institutional and UNCITRAL Rules

The following Arbitration guidance note Produced in partnership with Clifford Chance provides comprehensive and up to date legal information covering:

  • Arbitral tribunal’s powers under institutional and UNCITRAL Rules
  • The International Court of Arbitration of the International Chamber of Commerce Rules of Arbitration (ICC Rules)
  • London Court of International Arbitration (LCIA) Arbitration Rules (LCIA Rules)
  • International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures
  • Swiss Chambers’ Arbitration Institution (SCAI) Rules of International Arbitration (Swiss Rules)
  • Arbitration Institute of the Stockholm Chamber of Commerce (SCC) Arbitration Rules
  • UNCITRAL Arbitration Rules
  • World Intellectual Property Organization (WIPO) Arbitration Rules

STOP PRESS: This Practice Note (including any external links) is being reviewed in light of the publication of a new schedule of costs by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) for arbitration proceedings (standard, expedited and UNCITRAL) commenced on or after 1 January 2020. For more information, see: LNB News 02/01/2020 9.

The arbitration rules of the major arbitral institutions (and the United Nations Commission on International Trade Law (UNCITRAL)) grant tribunals a wide array of powers. The arbitration rules also grant powers to the institutions themselves (particularly prior to the appointment of the tribunal), something that should also be considered.

The main powers of arbitral tribunals under select arbitration rules are summarised below.

The International Court of Arbitration of the International Chamber of Commerce Rules of Arbitration (ICC Rules)

The 2017 International Chamber of Commerce (ICC) Rules of Arbitration (2017 ICC Rules), confer various powers on the tribunal, see below, in common with the previous ICC rules. In addition, the 2017 ICC Rules introduced an expedited procedure which automatically applies where the arbitration agreement has been entered into after 1 March 2017 and the amount in dispute is below US$2m. It also operates on an opt-in basis in disputes above this amount. Under the expedited procedure, the tribunal has certain specific powers in addition to, or instead of,