ABSTRACT
This chapter examines the steps that are common to many arbitrations – preliminary meeting, terms of reference, written submissions, evidence and the hearing itself – and some of the issues which need to be considered along the way. Once the arbitration has been commenced and the tribunal has been appointed, the proceedings may begin. It is important to remember the principal objectives of the proceedings. These are: to establish the facts to be able to determine the rights and obligations of the parties; and to reach an award which is enforceable. The parties and the tribunal should, and usually do, meet face to face. The form and length of the preliminary meeting depend on: whether or not the parties come from the same legal background, whether the case is procedurally complex, and the attitude of the parties and their advisors. Adequate preparation for the preliminary meeting must be undertaken by both the arbitrators and the parties.
