Powers of the Arbitral Tribunal (opens in a new tab)

Abstract

Abstract This chapter details the powers of the arbitral tribunal while considering Section 12 of the IAA. Section 12 establishes the express powers of arbitral tribunals to fashion the necessary orders for a fair and efficient process. This chapter examines the various types of interim orders that an arbitral tribunal may grant, such as for security for costs; discovery of documents and interrogatories; preservation, custody, or sale of property; an order for security for claim; and the tribunal’s power to adopt an inquisitorial process. It also addresses issues such as the scope of relief; the law governing applications for such interim orders; interest; and the enforceability of an arbitral tribunal’s interim orders.

Keywords

• #international arbitration and investment law
• #dispute resolution and class actions
• #tribunal
• #law
• #political science