CONDUCT OF ARBITRAL PROCEEDINGS

Bachawat: Arbitration and Conciliation

Justice R S Bachawat

Bachawat: Arbitration and Conciliation > Bachawat: Arbitration and Conciliation > Volume I > PART I
ARBITRATION > CHAPTER 5 CONDUCT OF ARBITRAL PROCEEDINGS

CHAPTER 5 CONDUCT OF
ARBITRAL PROCEEDINGS

DUTY OF EQUAL TREATMENT

Section 18 casts an obligation on the arbitral tribunal to be fair and impartial in the treatment of parties in
arbitral proceedings. As observed in Russell on Arbitration1 —

“The first principle is that the arbitrator must act fairly to both parties, and in the proceedings throughout the reference he must not favour
one party more than another, or do anything for one party which he does not do or offer to do for the other. He must observe in this the
ordinary well understood rules for the administration of justice”.

The three fundamental principles outlined by Mustill & Boyd serve the explain the scope of this provision2 —

Each party must have a full opportunity to present his own case to the tribunal.

Each party must be aware of his opponent's case, and must be given a full opportunity to test and rebut it.

The parties must be treated alike. Each must have the same opportunity to put forward his own case, and to
test that of the opponent.

1. Russell on Arbitration, 20th ed. (1982), pp. 213-214.

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CONDUCT OF ARBITRAL PROCEEDINGS

2. Mustill & Boyd, “Commercial Arbitration”, 2nd ed. (1989), p. 299.

End of Document