Arbitrator Accreditation key terms

A contract in which parties agree to submit present or future disputes to arbitration instead of court litigation. It may be a standalone document or a clause inside a wider contract.

The principle that an arbitration clause survives independently even if the surrounding contract is void, rescinded, or terminated. Arbitrators can therefore rule on the main contract without losing jurisdiction over the dispute.

The rule allowing a tribunal to decide whether it has jurisdiction over a dispute, including challenges to the validity of the arbitration agreement, subject to later court review at the seat or enforcement stage.

The legal place of the arbitration, which determines the procedural law governing the proceedings and the courts that supervise the tribunal. It is distinct from the physical location of hearings.

The national law governing the arbitration procedure itself, usually the law of the seat. It regulates matters such as tribunal constitution, interim measures, and grounds for setting aside awards.

A multilateral treaty under which states recognise and enforce foreign arbitral awards and honour written arbitration agreements. It supplies the main cross-border enforcement framework relied on in international practice.

The process of asking a competent court to give legal effect to an arbitral award, typically by recognition and entry of judgment. Successful enforcement allows the creditor to pursue execution against assets.

A challenge brought before a court at the seat asking it to annul an award, usually on limited grounds such as lack of jurisdiction, procedural unfairness, or serious irregularity. It differs from resisting enforcement abroad.

A narrow ground on which a court may refuse to recognise or enforce an award because enforcement would violate fundamental notions of justice or morality in the forum state. It is interpreted restrictively.

A theoretical approach treating international arbitration as detached from the law of the seat, so that annulment there has limited effect elsewhere. Most courts and statutes still give significant weight to the seat.

The question whether a particular subject matter may lawfully be resolved by arbitration under applicable law. Certain disputes, such as some criminal, family, or regulatory matters, are reserved to courts.

Arbitration administered by a permanent body that maintains rules, manages communications, and scrutinises awards. The institution does not decide the dispute; the tribunal does.

Arbitration conducted without a administering institution, with parties and tribunals arranging procedure, fees, and logistics themselves or through a designated appointing authority.

A person or body empowered to select arbitrators when parties cannot agree or when a party fails to appoint. It may also decide challenges to arbitrators in some regimes.

A document summarising the parties, the claims, the issues to be determined, and procedural arrangements, often required in institutional rules. It frames the tribunal's mandate before the merits phase begins.

A written direction by the tribunal regulating conduct of the case, such as timetables, document production, witness evidence, and hearing arrangements. Procedural orders are typically not final awards.

The agreement between tribunal members and the parties setting out fees, availability, independence obligations, and the scope of the mandate. It supports transparency and reduces later disputes over remuneration.

The right of each party to be treated fairly, to present its case, and to respond to the opponent's evidence and arguments. Breach can lead to annulment or refusal of enforcement.

An objection that the proceedings denied a party an adequate opportunity to present its case or respond, often raised against an award. Courts scrutinise such claims closely but apply a high threshold.

The phase in which parties exchange requested documents relevant and material to the dispute, often guided by institutional rules or soft-law guidelines. It balances disclosure needs against burden and confidentiality.

Material such as documents, witness testimony, and expert reports relied on to prove facts. Tribunals generally enjoy broad discretion over admissibility, weight, and the manner of taking evidence.

A procedure in which opposing factual or expert witnesses give evidence together and may question one another under tribunal direction. It is used to test conflicting opinions efficiently.

A temporary order made before the final award to preserve the status quo, protect assets, or secure evidence. Tribunals and, in some cases, courts may grant such relief.

A decision-maker appointed on an expedited basis before the full tribunal is constituted, empowered to grant urgent interim relief under certain institutional rules. The resulting order is usually interim and may be revisited.

The requirement that an arbitrator have no relationship with a party, counsel, or the dispute that could influence the outcome. It is assessed objectively and disclosed before and during the case.

Freedom from bias or prejudice, whether actual or apparent, in favour of or against a party or issue. It concerns the arbitrator's state of mind rather than external relationships alone.

The obligation of prospective and sitting arbitrators to inform parties of facts or circumstances that may cast doubt on their independence or impartiality. Failure can ground a challenge or later annulment.

A formal objection seeking removal of an arbitrator for lack of independence, impartiality, or agreed qualifications. It is decided by an institution, an appointing authority, or a court depending on the rules.

An arbitrator nominated by one party, who must still act independently and impartially once appointed. The nomination method does not permit the arbitrator to serve as an advocate for the appointing side.

The chair of a multi-member tribunal, responsible for organising deliberations, managing hearings, and ensuring the award process runs smoothly. The chair usually has a casting vote only if the rules so provide.

The confidential process in which tribunal members discuss evidence, legal issues, and the outcome. It aims to reach a reasoned consensus or majority decision before drafting the award.

A separate statement by a tribunal member who disagrees with the majority's conclusion or reasoning. It is attached to the award in some jurisdictions but may be treated cautiously elsewhere.

The tribunal's final written decision resolving the issues submitted, including relief granted and reasons. It binds the parties and may be enforced or challenged under applicable law.

A decision that finally determines some but not all claims or issues, leaving others for later determination. It must be distinguished from procedural orders and interim measures.

An award that sets out the tribunal's findings of fact, legal analysis, and basis for the relief granted. Reasons support legitimacy, facilitate review, and help parties understand the outcome.

Expenses including tribunal fees, institutional charges, expert costs, and legal fees. Tribunals usually allocate costs between parties according to the rules and the outcome.

A situation where an arbitrator's personal, financial, or professional interests could improperly affect decision-making. It must be disclosed and may require recusal or removal.

The general expectation that hearings, documents, and awards remain private, subject to exceptions such as enforcement proceedings or legal duties. The precise scope varies by law and rules.

A permanent organisation that administers arbitrations under its rules, including appointing tribunals, reviewing awards, and managing fees. Examples include well-known international and regional centres.

An objection that the tribunal lacks authority over a party, claim, or dispute, often based on the scope of the arbitration agreement. It may be raised early and decided by the tribunal or a court.