Arbitrators: Powers

The powers that are granted to an arbitrator can vary depending on the rules, laws and codes that are applicable to the proceedings. Under the rules of the Chartered Institute of Arbitrators, arbitrators have the power to:

 

Rule on Their Own Jurisdiction

That is, to decide whether there is a valid arbitration agreement, whether the tribunal is properly constituted and whether or not matters have been submitted to arbitration in accordance with the agreement. Having made any rulings as to jurisdiction, the arbitrator may issue an immediate award to this effect, or reserve the matter for inclusion in the final award.

Issue Orders

This power includes ordering the payment of money in any currency, ordering injunctions or mandatory orders, granting orders for specific performance of a contract (except in relation to land), and the ratification, setting aside or cancellation of a deed or other document.

Investigate

Arbitrators have the power to carry out their own investigations including taking the initiative in ascertaining issues of fact and law. The arbitrator may ask the parties his own questions and may also request additional evidence and particulars. The tribunal may also request the use of experts, or indeed limit the use of experts.

 

Consolidate Hearings

In the event that an arbitrator is appointed for two or more arbitral proceedings that give rise to common issues of fact or law, he may consolidate all or part of the proceedings. The arbitrator also retains the power to separate proceedings as may be deemed appropriate.

Grant Provisional Relief

The arbitrator may grant provisional relief to either party in the form of an order for the payment of money or disposition of property between the parties, an interim payment on account in respect of the costs of the arbitration, or any other provisional relief as may be available and appropriate in the circumstances, including the delivery of funds or specific property to be held by a stakeholder pending the outcome of the arbitration.

Indemnity

Arbitrators have the protection of complete indemnity in respect of their appointment, save in circumstances where it can be shown that the arbitrator acted in bad faith.