The following Arbitration guidance note Produced in partnership with Clifford Chance provides comprehensive and up to date legal information covering:
Institutional and ad hoc arbitration rules typically grant arbitral tribunals a wide array of powers. Arbitration rules also grant powers to the institutions themselves (particularly prior to the appointment of the tribunal), which should also be considered.
This Practice Note sets out the key powers of arbitral tribunals under leading arbitration rules.
The 2017 ICC Rules (like the 2012 edition) confer various powers on the arbitral tribunal. The 2017 ICC Rules also 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, its powers in ordinary ICC proceedings.
Under the 2017 ICC Rules, the tribunal may:
rule on its own jurisdiction unless the matter is referred to the ICC International Court of Arbitration (the Court) by the Secretary General (ICC, art 6(3))
conduct hearings and meetings at any location it considers appropriate, in the absence of an agreement between the parties (ICC, art 18(2))
decide the rules governing the proceedings, in the absence of a relevant rule or agreement between the
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