ABSTRACT
There are a host of issues and problems which can arise as the arbitral process moves forward towards a hearing. Many of these will necessitate the intervention of the tribunal. The tribunal retains a monitoring role, but usually this is pre-empted by one or other of the parties drawing the matter to the tribunal’s attention. This chapter therefore considers the following:
common issues and problems:
delays,
inordinate and inexcusable delay by claimants,
non-compliance with the tribunal’s orders,
peremptory orders,
amendments,
disclosure,
failure to participate;
procedural orders and hearings;
provisional awards;
costs and charges;
court applications;
hearing preparation;
initiatives from the tribunal;
protection as to costs; and
mediation.
