Domestic arbitration : tribunal.

An individual may be an arbitrator if he is independent and impartial and agreed to act as such. The chairman of a tribunal and a sole arbitrator must have a law degree. A person who has a criminal record cannot be an arbitrator. Similarly a former judge, an advocate, a notary public, a prosecutor or an investigator cannot be appointed if they were dismissed from their office for acts unacceptable for their profession.

The parties should agree on the number of arbitrators which must be uneven. If the parties fail to do so the number is three.

A court can provide little assistance in appointing an arbitrator. If the parties fail to elect a tribunal the arbitration stops, and then the dispute may be resolved in court.

A tribunal is competent to decide on its competence. When considering validity of the arbitration agreement, the arbitration clause is considered to be separate from the underlying contract.

An arbitrator must keep confidential all information which became known to him during the arbitration. An arbitrator cannot be questioned as a witness about information he/she obtained.

A tribunal can issue an order to preserve evidence or protect assets unless the parties agreed to the contrary. A party can also file a statement to issue an order for interim measures with a court. Such a statement does not constitute a waiver of the right to arbitrate.

 

 

Share/Save