What procedural law applies in arbitration?

What procedural law applies in arbitration?

The Federal Arbitration Act (FAA) applies generally to most arbitration agreements1, but parties can choose to have the procedural law of the place of arbitration apply instead. On many issues, there is no material difference between these two statutes, but in certain areas, the differences can be material.

Is arbitration procedural law?

“In essence, the procedural law of an arbitration deals with two sets of issues: (a) the internal procedure of the arbitration itself: commencement of the arbitration, appointment of arbitrators, pleadings, provisional measures, evidence, hearings and awards and (b) the external intervention of national Courts in the …

Does an arbitrator have to follow the law?

It is true that arbitrators are not restricted by legal precedent and have more flexibility in their decision-making than do trial courts. They may substitute their concepts of fairness for the law, but they generally follow common law and statutory law in making their decisions.

What is an arbitrator law?

Arbitration is a type of alternative dispute resolution. Arbitration is a way of settling a dispute without having to go to court. You are called the claimant and the party you’re taking action against is the respondent. You both put your case to an independent person called an arbitrator.

What does curial law mean?

Such choice can be express or by implication Substantive law is the law governing the contract while the curial law is the law governing the arbitration proceedings between the parties to the dispute. …

Who chooses the arbitrator?

Who Chooses the Arbitrator? Arbitrators are disinterested parties that are rarely chosen by the opposing disputants in a case. Each state uses different models for the assigning of an arbitrator, but as a general rule, the court will give the parties a list of arbitrators to choose from.

Can the procedural law be different to the law of the seat?

Any applicable institutional rules governing the dispute can only amend or replace the non-mandatory provisions of the procedural law at the seat of the arbitration.

Do you have to be a lawyer in order to be an arbitrator?

An arbitrator is an expert in the subject of the dispute, and has had formal training in arbitration. Many, but not all, arbitrators are lawyers. In most states, arbitrators are only required to maintain neutrality and have some expertise in the field of the dispute.

Does arbitration require a lawyer?

The short answer is no, you do not need a lawyer in arbitration. However, because the dispute resolution process is adversarial in nature, and the outcome is often final and affects your rights, you may want a lawyer’s help in preparing and presenting your case.

What is the role of an arbitrator?

The arbitrator’s function is to render a decision on the issues. During arbitration, both parties are given the opportunity to present their case to the arbitrator, which can include the introduction of evidence and testimony of the parties and/or witnesses. Arbitration ends when the arbitration award is finalized.

What is arbitration curial law?

What is the procedural law of Arbitration?

The procedural law of the arbitration is sometimes referred to as the lex arbitri or curial law. The procedural law that will apply depends on the place, or ‘seat’, of the arbitration. The procedural law determines to what extent the local courts will be involved in the process, for example: any formalities to be complied with;

What is the Commercial Arbitration Act in Canada?

The federal Commercial Arbitration Act, RSC 1985, c 17 (2nd Supp) applies only to arbitrations where the federal government is a party, or to maritime and admiralty matters. In addition, in all provinces but Québec, different legislation applies to international and domestic arbitrations.

What is the role of the local court in arbitration?

The value of the local court’s involvement in the arbitration depends on the speed and quality of the courts in that particular jurisdiction. In England and Wales, the procedural law that will apply is provided for in the Arbitration Act of 1996. This creates a general duty on the tribunal to:

What is UNCITRAL Model Law on International Commercial Arbitration?

The UNCITRAL Model Law on International Commercial Arbitration 1985 (UNCITRAL Model Law) provides the basis for all international arbitration statutes, including the federal statute. All jurisdictions but Québec have expressly adopted the UNCITRAL Model Law into their domestic law.