ABSTRACT
Once the tribunal is constituted, the control of the arbitral process rests with the arbitrators. Most arbitral institutions, such as the LCIA or the ICC, provide for the file to be sent to the tribunal at this point and for the tribunal in turn to notify the parties that henceforth all communications should be directly with the arbitrator(s), with copies to the arbitral institution. This chapter sets out the type of initial activity to which both the tribunal’s and the parties’ attention should be directed following the formation of the tribunal. Issues as to the tribunal’s jurisdiction also have to be raised at the outset to avoid any waiver. Jurisdiction is dealt with separately in chapter 9. The following topics are addressed in this chapter:
initial general communications and directions by the tribunal;
non-participating parties;
Terms of Reference;
bifurcation and preliminary issues;
security for costs;
preservation and other interlocutory orders;
an order limiting recoverable costs and other protective measures as to costs; and
exclusion of recourse to the courts.
