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:
u common issues and problems: u delays, u inordinate and inexcusable delay by claimants, u non-compliance with the tribunal’s orders, u peremptory orders, u amendments, u disclosure, u failure to participate;
u procedural orders and hearings; u provisional awards; u costs and charges; u court applications; u hearing preparation; u initiatives from the tribunal; u protection as to costs; and u mediation.
