A Practical Guide to International Arbitration in London

Chapter 12 Ongoing Issues and Preparing for the Hearing

Introduction

There are a host of issues and problems which can arise as the arbitral process moves forward towards a hearing. Many of these will necessitate the intervention of the tribunal. The tribunal retains a monitoring role, but usually this is pre-empted by one or other of the parties drawing the matter to the tribunal’s attention. This chapter therefore considers the following:

• common issues and problems:
  • delays,
  • inordinate and inexcusable delay by claimants,
  • non-compliance with the tribunal’s orders,
  • peremptory orders,
  • amendments,
  • disclosure,
  • failure to participate;
• procedural orders and hearings;
• provisional awards;
• costs and charges;
• court applications;
• hearing preparation;