ABSTRACT
In the preceding chapters it was shown that the fundamental and enabling contract is the arbitration agreement between the disputing parties in which they opt for arbitration either ad hoc or under the arbitration rules of a particular institution. Pursuant to the performance of the arbitration agreement, the disputing parties conclude the arbitrator’s contract with the appointed arbitrator in ad hoc arbitral references. Under institutional references, the arbitration institution itself concludes the arbitrator’s contract with the arbitrator either as principal or as agent of the disputing parties. The institution also concludes another contract with the disputing parties, which represents the arbitration institution’s mandate to act pursuant to the arbitration agreement. This chapter examines the terms in these contracts which may be either expressly agreed between the parties to the contracts or implied by law, arbitral practice or fact.1 This chapter examines thirteen of such terms which may be contained in these contracts. The term on limitation of liability is examined in Chapter Six under remedies. These contractual terms are taken from the provisions of arbitration rules and laws, and decisions of various national courts.2
