Arbitrator Accreditation cheat sheet

Party autonomy governs the procedure subject to mandatory rules of the seat and public policy; the tribunal must give both sides a reasonable opportunity to present their case.

The tribunal's jurisdiction is normally decided first as a preliminary question; under many institutional rules a plea to jurisdiction must be raised no later than the statement of defence.

A request for arbitration typically requires: parties' names, the claim, the relief sought, the arbitration agreement, and the chosen tribunal composition.

Document production is usually limited to documents relevant and material to the outcome; requests must be specific, not fishing expeditions.

Witness examination follows direct examination, cross-examination, and re-examination; tribunal questions may follow each stage.

Interim measures may be ordered by the tribunal (where empowered) or by a national court; tribunal orders lack direct enforcement and may need court assistance.

Deliberations are confidential; the tribunal decides by majority, and where no majority exists the presiding arbitrator's vote may decide under many rules.

Time limits for the award run from the close of proceedings or the last submission, not from the constitution of the tribunal, unless the rules say otherwise.

Consolidation and joinder require consent, a rule permitting them, or a common arbitration agreement; absent these, a tribunal cannot force a third party into the case.

A valid award must be in writing, dated, signed by the tribunal (majority signatures suffice if the reason for any omission is stated), and state the seat.

Reasons must address the parties' essential submissions and the dispositive issues; failure to deal with a key argument is a ground for challenge in many jurisdictions.

The operative part (dispositif) must be precise, enforceable, and free of conditions the enforcing court cannot supervise.

Interest is awarded only if claimed and within the tribunal's power; the rate, period, and compounding basis must be stated expressly.

Costs follow the event as a default in many rules, but the tribunal may apportion; the allocation must be reasoned.

The tribunal must decide ex aequo et bono or as amiable compositeur only if the parties expressly authorised it.

A dissenting opinion is optional; it does not affect the award's validity but must not undermine the majority's reasoning or breach deliberation secrecy.

Interpretation, correction, and additional award requests are typically filed within 30 days of receipt of the award, with a short window for the tribunal to respond.

Res judicata attaches to the dispositive part and the findings essential to it; reasoning that is merely ancillary does not bind later tribunals.

The New York Convention (1958) governs recognition and enforcement of foreign awards; Article V lists exhaustive grounds for refusal, most of which are discretionary.

Article II requires courts to refer parties to arbitration unless the agreement is null and void, inoperative, or incapable of being performed.

The UNCITRAL Model Law provides a template for national statutes; the 2006 amendments added interim measures and revised the writing requirement.

Separability: the arbitration clause survives termination or invalidity of the underlying contract, so the tribunal can rule on its own jurisdiction (competence-competence).

The seat determines the lex arbitri (procedural law) and the supervisory courts; it is distinct from the place of hearings and the governing law of the contract.

Public policy exceptions are construed narrowly; mere error of law or fact is not a ground to refuse enforcement.

Under the New York Convention, the party resisting enforcement bears the burden of proving a ground under Article V(1); Article V(2) grounds may be raised by the court ex officio.

The arbitration agreement's validity is assessed under the law chosen by the parties, failing which the law of the seat or the closest connection.

Institutional rules (e.g., ICC, LCIA, SIAC, HKIAC) supplement the lex arbitri; where they conflict, mandatory provisions of the seat prevail.

Arbitrators must be and remain independent and impartial; disclosure is a continuing duty throughout the proceedings.

The IBA Guidelines on Conflicts of Interest use Red, Orange, and Green lists; Red List situations are non-waivable or waivable only with express informed consent.

Ex parte communications between a party and an arbitrator on the merits are prohibited; administrative contact must be disclosed to the other side.

An arbitrator must decline appointment if a conflict cannot be resolved, and must resign if a conflict arises that the parties do not waive.

Counsel owe candour to the tribunal: no false statements of fact or law, no concealment of adverse authority, and no improper witness coaching.

Fees must be agreed in advance and not contingent on the outcome of the case; success fees compromise independence.

Confidentiality covers deliberations, award drafts, and documents produced in the arbitration, subject to exceptions for enforcement and legal duties.

Third-party funding must be disclosed where required by the rules or where it creates a conflict for an arbitrator.

The tribunal may draw adverse inferences from a party's failure to produce ordered documents or to explain a witness's absence.

Party autonomy governs the procedure subject to mandatory rules of the seat and public policy; the tribunal must give both sides a reasonable opportunity to present their case.

The tribunal's jurisdiction is normally decided first as a preliminary question; under many institutional rules a plea to jurisdiction must be raised no later than the statement of defence.

A request for arbitration typically requires: parties' names, the claim, the relief sought, the arbitration agreement, and the chosen tribunal composition.

Document production is usually limited to documents relevant and material to the outcome; requests must be specific, not fishing expeditions.

Witness examination follows direct examination, cross-examination, and re-examination; tribunal questions may follow each stage.

Interim measures may be ordered by the tribunal (where empowered) or by a national court; tribunal orders lack direct enforcement and may need court assistance.

Deliberations are confidential; the tribunal decides by majority, and where no majority exists the presiding arbitrator's vote may decide under many rules.

Time limits for the award run from the close of proceedings or the last submission, not from the constitution of the tribunal, unless the rules say otherwise.

Consolidation and joinder require consent, a rule permitting them, or a common arbitration agreement; absent these, a tribunal cannot force a third party into the case.

A valid award must be in writing, dated, signed by the tribunal (majority signatures suffice if the reason for any omission is stated), and state the seat.

Reasons must address the parties' essential submissions and the dispositive issues; failure to deal with a key argument is a ground for challenge in many jurisdictions.

The operative part (dispositif) must be precise, enforceable, and free of conditions the enforcing court cannot supervise.

Interest is awarded only if claimed and within the tribunal's power; the rate, period, and compounding basis must be stated expressly.

Costs follow the event as a default in many rules, but the tribunal may apportion; the allocation must be reasoned.

The tribunal must decide ex aequo et bono or as amiable compositeur only if the parties expressly authorised it.

A dissenting opinion is optional; it does not affect the award's validity but must not undermine the majority's reasoning or breach deliberation secrecy.

Interpretation, correction, and additional award requests are typically filed within 30 days of receipt of the award, with a short window for the tribunal to respond.

Res judicata attaches to the dispositive part and the findings essential to it; reasoning that is merely ancillary does not bind later tribunals.

The New York Convention (1958) governs recognition and enforcement of foreign awards; Article V lists exhaustive grounds for refusal, most of which are discretionary.

Article II requires courts to refer parties to arbitration unless the agreement is null and void, inoperative, or incapable of being performed.

The UNCITRAL Model Law provides a template for national statutes; the 2006 amendments added interim measures and revised the writing requirement.

Separability: the arbitration clause survives termination or invalidity of the underlying contract, so the tribunal can rule on its own jurisdiction (competence-competence).

The seat determines the lex arbitri (procedural law) and the supervisory courts; it is distinct from the place of hearings and the governing law of the contract.

Public policy exceptions are construed narrowly; mere error of law or fact is not a ground to refuse enforcement.

Under the New York Convention, the party resisting enforcement bears the burden of proving a ground under Article V(1); Article V(2) grounds may be raised by the court ex officio.

The arbitration agreement's validity is assessed under the law chosen by the parties, failing which the law of the seat or the closest connection.

Institutional rules (e.g., ICC, LCIA, SIAC, HKIAC) supplement the lex arbitri; where they conflict, mandatory provisions of the seat prevail.

Arbitrators must be and remain independent and impartial; disclosure is a continuing duty throughout the proceedings.

The IBA Guidelines on Conflicts of Interest use Red, Orange, and Green lists; Red List situations are non-waivable or waivable only with express informed consent.

Ex parte communications between a party and an arbitrator on the merits are prohibited; administrative contact must be disclosed to the other side.

An arbitrator must decline appointment if a conflict cannot be resolved, and must resign if a conflict arises that the parties do not waive.

Counsel owe candour to the tribunal: no false statements of fact or law, no concealment of adverse authority, and no improper witness coaching.

Fees must be agreed in advance and not contingent on the outcome of the case; success fees compromise independence.

Confidentiality covers deliberations, award drafts, and documents produced in the arbitration, subject to exceptions for enforcement and legal duties.

Third-party funding must be disclosed where required by the rules or where it creates a conflict for an arbitrator.

The tribunal may draw adverse inferences from a party's failure to produce ordered documents or to explain a witness's absence.

Party autonomy governs the procedure subject to mandatory rules of the seat and public policy; the tribunal must give both sides a reasonable opportunity to present their case.

The tribunal's jurisdiction is normally decided first as a preliminary question; under many institutional rules a plea to jurisdiction must be raised no later than the statement of defence.

A request for arbitration typically requires: parties' names, the claim, the relief sought, the arbitration agreement, and the chosen tribunal composition.

Document production is usually limited to documents relevant and material to the outcome; requests must be specific, not fishing expeditions.

Witness examination follows direct examination, cross-examination, and re-examination; tribunal questions may follow each stage.

Interim measures may be ordered by the tribunal (where empowered) or by a national court; tribunal orders lack direct enforcement and may need court assistance.

Deliberations are confidential; the tribunal decides by majority, and where no majority exists the presiding arbitrator's vote may decide under many rules.

Time limits for the award run from the close of proceedings or the last submission, not from the constitution of the tribunal, unless the rules say otherwise.

Consolidation and joinder require consent, a rule permitting them, or a common arbitration agreement; absent these, a tribunal cannot force a third party into the case.

A valid award must be in writing, dated, signed by the tribunal (majority signatures suffice if the reason for any omission is stated), and state the seat.

Reasons must address the parties' essential submissions and the dispositive issues; failure to deal with a key argument is a ground for challenge in many jurisdictions.

The operative part (dispositif) must be precise, enforceable, and free of conditions the enforcing court cannot supervise.

Interest is awarded only if claimed and within the tribunal's power; the rate, period, and compounding basis must be stated expressly.

Costs follow the event as a default in many rules, but the tribunal may apportion; the allocation must be reasoned.

The tribunal must decide ex aequo et bono or as amiable compositeur only if the parties expressly authorised it.

A dissenting opinion is optional; it does not affect the award's validity but must not undermine the majority's reasoning or breach deliberation secrecy.

Interpretation, correction, and additional award requests are typically filed within 30 days of receipt of the award, with a short window for the tribunal to respond.

Res judicata attaches to the dispositive part and the findings essential to it; reasoning that is merely ancillary does not bind later tribunals.

The New York Convention (1958) governs recognition and enforcement of foreign awards; Article V lists exhaustive grounds for refusal, most of which are discretionary.

Article II requires courts to refer parties to arbitration unless the agreement is null and void, inoperative, or incapable of being performed.

The UNCITRAL Model Law provides a template for national statutes; the 2006 amendments added interim measures and revised the writing requirement.

Separability: the arbitration clause survives termination or invalidity of the underlying contract, so the tribunal can rule on its own jurisdiction (competence-competence).

The seat determines the lex arbitri (procedural law) and the supervisory courts; it is distinct from the place of hearings and the governing law of the contract.

Public policy exceptions are construed narrowly; mere error of law or fact is not a ground to refuse enforcement.

Under the New York Convention, the party resisting enforcement bears the burden of proving a ground under Article V(1); Article V(2) grounds may be raised by the court ex officio.

The arbitration agreement's validity is assessed under the law chosen by the parties, failing which the law of the seat or the closest connection.

Institutional rules (e.g., ICC, LCIA, SIAC, HKIAC) supplement the lex arbitri; where they conflict, mandatory provisions of the seat prevail.

Arbitrators must be and remain independent and impartial; disclosure is a continuing duty throughout the proceedings.

The IBA Guidelines on Conflicts of Interest use Red, Orange, and Green lists; Red List situations are non-waivable or waivable only with express informed consent.

Ex parte communications between a party and an arbitrator on the merits are prohibited; administrative contact must be disclosed to the other side.

An arbitrator must decline appointment if a conflict cannot be resolved, and must resign if a conflict arises that the parties do not waive.

Counsel owe candour to the tribunal: no false statements of fact or law, no concealment of adverse authority, and no improper witness coaching.

Fees must be agreed in advance and not contingent on the outcome of the case; success fees compromise independence.

Confidentiality covers deliberations, award drafts, and documents produced in the arbitration, subject to exceptions for enforcement and legal duties.

Third-party funding must be disclosed where required by the rules or where it creates a conflict for an arbitrator.

The tribunal may draw adverse inferences from a party's failure to produce ordered documents or to explain a witness's absence.

Party autonomy governs the procedure subject to mandatory rules of the seat and public policy; the tribunal must give both sides a reasonable opportunity to present their case.

The tribunal's jurisdiction is normally decided first as a preliminary question; under many institutional rules a plea to jurisdiction must be raised no later than the statement of defence.

A request for arbitration typically requires: parties' names, the claim, the relief sought, the arbitration agreement, and the chosen tribunal composition.

Document production is usually limited to documents relevant and material to the outcome; requests must be specific, not fishing expeditions.

Witness examination follows direct examination, cross-examination, and re-examination; tribunal questions may follow each stage.

Interim measures may be ordered by the tribunal (where empowered) or by a national court; tribunal orders lack direct enforcement and may need court assistance.

Deliberations are confidential; the tribunal decides by majority, and where no majority exists the presiding arbitrator's vote may decide under many rules.

Time limits for the award run from the close of proceedings or the last submission, not from the constitution of the tribunal, unless the rules say otherwise.

Consolidation and joinder require consent, a rule permitting them, or a common arbitration agreement; absent these, a tribunal cannot force a third party into the case.

A valid award must be in writing, dated, signed by the tribunal (majority signatures suffice if the reason for any omission is stated), and state the seat.

Reasons must address the parties' essential submissions and the dispositive issues; failure to deal with a key argument is a ground for challenge in many jurisdictions.

The operative part (dispositif) must be precise, enforceable, and free of conditions the enforcing court cannot supervise.

Interest is awarded only if claimed and within the tribunal's power; the rate, period, and compounding basis must be stated expressly.

Costs follow the event as a default in many rules, but the tribunal may apportion; the allocation must be reasoned.

The tribunal must decide ex aequo et bono or as amiable compositeur only if the parties expressly authorised it.

A dissenting opinion is optional; it does not affect the award's validity but must not undermine the majority's reasoning or breach deliberation secrecy.

Interpretation, correction, and additional award requests are typically filed within 30 days of receipt of the award, with a short window for the tribunal to respond.

Res judicata attaches to the dispositive part and the findings essential to it; reasoning that is merely ancillary does not bind later tribunals.

The New York Convention (1958) governs recognition and enforcement of foreign awards; Article V lists exhaustive grounds for refusal, most of which are discretionary.

Article II requires courts to refer parties to arbitration unless the agreement is null and void, inoperative, or incapable of being performed.

The UNCITRAL Model Law provides a template for national statutes; the 2006 amendments added interim measures and revised the writing requirement.

Separability: the arbitration clause survives termination or invalidity of the underlying contract, so the tribunal can rule on its own jurisdiction (competence-competence).

The seat determines the lex arbitri (procedural law) and the supervisory courts; it is distinct from the place of hearings and the governing law of the contract.

Public policy exceptions are construed narrowly; mere error of law or fact is not a ground to refuse enforcement.

Under the New York Convention, the party resisting enforcement bears the burden of proving a ground under Article V(1); Article V(2) grounds may be raised by the court ex officio.

The arbitration agreement's validity is assessed under the law chosen by the parties, failing which the law of the seat or the closest connection.

Institutional rules (e.g., ICC, LCIA, SIAC, HKIAC) supplement the lex arbitri; where they conflict, mandatory provisions of the seat prevail.

Arbitrators must be and remain independent and impartial; disclosure is a continuing duty throughout the proceedings.

The IBA Guidelines on Conflicts of Interest use Red, Orange, and Green lists; Red List situations are non-waivable or waivable only with express informed consent.

Ex parte communications between a party and an arbitrator on the merits are prohibited; administrative contact must be disclosed to the other side.

An arbitrator must decline appointment if a conflict cannot be resolved, and must resign if a conflict arises that the parties do not waive.

Counsel owe candour to the tribunal: no false statements of fact or law, no concealment of adverse authority, and no improper witness coaching.

Fees must be agreed in advance and not contingent on the outcome of the case; success fees compromise independence.

Confidentiality covers deliberations, award drafts, and documents produced in the arbitration, subject to exceptions for enforcement and legal duties.

Third-party funding must be disclosed where required by the rules or where it creates a conflict for an arbitrator.

The tribunal may draw adverse inferences from a party's failure to produce ordered documents or to explain a witness's absence.

Party autonomy governs the procedure subject to mandatory rules of the seat and public policy; the tribunal must give both sides a reasonable opportunity to present their case.

The tribunal's jurisdiction is normally decided first as a preliminary question; under many institutional rules a plea to jurisdiction must be raised no later than the statement of defence.

A request for arbitration typically requires: parties' names, the claim, the relief sought, the arbitration agreement, and the chosen tribunal composition.

Document production is usually limited to documents relevant and material to the outcome; requests must be specific, not fishing expeditions.

Witness examination follows direct examination, cross-examination, and re-examination; tribunal questions may follow each stage.

Interim measures may be ordered by the tribunal (where empowered) or by a national court; tribunal orders lack direct enforcement and may need court assistance.

Deliberations are confidential; the tribunal decides by majority, and where no majority exists the presiding arbitrator's vote may decide under many rules.

Time limits for the award run from the close of proceedings or the last submission, not from the constitution of the tribunal, unless the rules say otherwise.

Consolidation and joinder require consent, a rule permitting them, or a common arbitration agreement; absent these, a tribunal cannot force a third party into the case.

A valid award must be in writing, dated, signed by the tribunal (majority signatures suffice if the reason for any omission is stated), and state the seat.

Reasons must address the parties' essential submissions and the dispositive issues; failure to deal with a key argument is a ground for challenge in many jurisdictions.

The operative part (dispositif) must be precise, enforceable, and free of conditions the enforcing court cannot supervise.

Interest is awarded only if claimed and within the tribunal's power; the rate, period, and compounding basis must be stated expressly.

Costs follow the event as a default in many rules, but the tribunal may apportion; the allocation must be reasoned.

The tribunal must decide ex aequo et bono or as amiable compositeur only if the parties expressly authorised it.

A dissenting opinion is optional; it does not affect the award's validity but must not undermine the majority's reasoning or breach deliberation secrecy.

Interpretation, correction, and additional award requests are typically filed within 30 days of receipt of the award, with a short window for the tribunal to respond.

Res judicata attaches to the dispositive part and the findings essential to it; reasoning that is merely ancillary does not bind later tribunals.

The New York Convention (1958) governs recognition and enforcement of foreign awards; Article V lists exhaustive grounds for refusal, most of which are discretionary.

Article II requires courts to refer parties to arbitration unless the agreement is null and void, inoperative, or incapable of being performed.

The UNCITRAL Model Law provides a template for national statutes; the 2006 amendments added interim measures and revised the writing requirement.

Separability: the arbitration clause survives termination or invalidity of the underlying contract, so the tribunal can rule on its own jurisdiction (competence-competence).

The seat determines the lex arbitri (procedural law) and the supervisory courts; it is distinct from the place of hearings and the governing law of the contract.

Public policy exceptions are construed narrowly; mere error of law or fact is not a ground to refuse enforcement.

Under the New York Convention, the party resisting enforcement bears the burden of proving a ground under Article V(1); Article V(2) grounds may be raised by the court ex officio.

The arbitration agreement's validity is assessed under the law chosen by the parties, failing which the law of the seat or the closest connection.

Institutional rules (e.g., ICC, LCIA, SIAC, HKIAC) supplement the lex arbitri; where they conflict, mandatory provisions of the seat prevail.

Arbitrators must be and remain independent and impartial; disclosure is a continuing duty throughout the proceedings.

The IBA Guidelines on Conflicts of Interest use Red, Orange, and Green lists; Red List situations are non-waivable or waivable only with express informed consent.

Ex parte communications between a party and an arbitrator on the merits are prohibited; administrative contact must be disclosed to the other side.

An arbitrator must decline appointment if a conflict cannot be resolved, and must resign if a conflict arises that the parties do not waive.

Counsel owe candour to the tribunal: no false statements of fact or law, no concealment of adverse authority, and no improper witness coaching.

Fees must be agreed in advance and not contingent on the outcome of the case; success fees compromise independence.

Confidentiality covers deliberations, award drafts, and documents produced in the arbitration, subject to exceptions for enforcement and legal duties.

Third-party funding must be disclosed where required by the rules or where it creates a conflict for an arbitrator.

The tribunal may draw adverse inferences from a party's failure to produce ordered documents or to explain a witness's absence.