The following Arbitration guidance note Produced in partnership with Shaun Wu of Kobre & Kim (Hong Kong) provides comprehensive and up to date legal information covering:
Upon its constitution the tribunal will be vested with various powers, subject of course to the parties’ agreement and within limits allowed by the applicable law. At the same time, the tribunal will also have certain duties from which it cannot derogate, be it imposed by the parties, applicable law or ethical rules.
The parties may of course confer powers upon the tribunal, either expressly in the arbitration agreement or in the arbitral rules incorporated by reference. In addition, the Arbitration Ordinance, Chapter 609 (AO) will apply by default to supplement or limit such powers conferred.
It is beyond the scope of this Practice Note to detail all the powers that the tribunal may have but those conferred by the AO fall mainly within three categories:
jurisdiction and procedure
making of award and termination of proceedings, and
interim measures, preliminary orders and emergency relief
As follows is a non-exhaustive checklist of such powers:
general powers, including security for costs, discovery of documents and to direct attendance and examine witnesses and parties on oath or affirmation
power to rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement
power to act as mediator, after the arbitral proceedings have commenced, if all parties consent in writing
power to determine
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