中国人民大学法学院国际商事仲裁法课件 Arbitration Tribunal.pptVIP

Chapter 5 Arbitration Tribunal Jurisdiction Function of the Tribunal Trial the case according to the applied arbitration rules Render award Quality of the award depends on the quality of the arbitrator Composition of the Tribunal Sole arbitrator tribunal Two arbitrators tribunal Three arbitrators tribunal Nationality requirement in international arbitration Al Haddad v. M/S Agapi (171) C/P between the Al Haddad ( cargo owner) and M/S Agapi ( owner Diakan) with arbitration clause; Al brought lawsuit for damages to the cargo; Diakan applied for stay the action for arbitration and apply for unpaid charter hire; Arbitrated by sole arbitrator in favor of Diakan with default award; Diakan applied for enforcement in US Court. Tribunal’s Authority To decide its own jurisdiction based on the competence-competence doctrine; To render an award. Competence-Competence Doctrine （仲裁庭自裁管辖） The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement（ Art. 16 UNCITRAL Model Law）. The doctrine is universally recognized by the national legislation and arbitration rules. Heyman v. Darwins (181) Facts: frustration of the contract with arbitration clause Dispute: whether the court should stay the action Trial judge refusing the stay; The Court of Appeal granted the stay and refused to appeal further; Appeal dismissed by the House of Lords. Qualification of the Arbitrators In general Panel system : compulsory or elective? IBA Ethics for Int’l Arbitrators International arbitrators should be impartial, independent, competent, diligent and discreet. Disclose all facts or circumstances that may give rise to justifiable doubts as to his impartiality or independence. IBA Duty of Disclosure (4) Past or present business relationship Nature and duration of any substantial social relationship with any party Nature of any previous relationship with any fellow arbitrator Extent of any prior knowled