News 4
P.R.I.M.E. Finance (2022)—tribunal’s powers
Produced in partnership with Deannie Yap of P.R.I.M.E. Finance Foundation and Camilla Macpherson of Independent contributor
Practice notesP.R.I.M.E. Finance (2022)—tribunal’s powers
Produced in partnership with Deannie Yap of P.R.I.M.E. Finance Foundation and Camilla Macpherson of Independent contributor
Practice notesThe P.R.I.M.E. Finance arbitration rules were revised in 2021 and the 2022 edition came into force on 1 January 2022, applying to arbitrations commenced on or after that date (the P.R.I.M.E. Finance rules; the Rules). The Rules also include model clauses and a model submission agreement.
This Practice Note considers the powers of arbitral tribunals appointed under the P.R.I.M.E. Finance Rules.
The tribunal has a general power to conduct proceedings in a way that it considers appropriate provided that the parties are treated with equality and the parties are each given a reasonable opportunity to present their case. In exercising its discretion, the tribunal must avoid unnecessary delay and expense and deliver a fair and efficient process for resolving the dispute (art 16.1).
Place, location, language and rule of law
Among other things, the tribunal has the power, if the parties have not previously agreed, to determine:
- •
the legal place (seat) of arbitration (art 18)
- •
the location of any hearings (art 18)
- •
the language of the arbitration
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