ARBITRAL TRIBUNAL's POWER TO DISPENSE WITH AN ORAL HEARING

The English legislation provides that, unless the parties otherwise agree, the tribunal's power to dispense with an oral hearing is an aspect of its procedural discretion (before the Arbitration Act 1996 (England and Wales) the position was otherwise).

However, the LCIA Rules states that a party can insist on an oral hearing.

PIVOTAL ROLE OF THE CHAIRMAN

Where the tribunal consists of more than one arbitrator (on the question of appointment of the tribunal, 12.01 ff), problems of joint conduct, administrative convenience, and disagreement, might arise. The chairman's role can be fundamental in smoothing over these problems and ensuring that the hearing remains orderly.

Although mentioned now in the context of the hearing, these issues arise as soon as the reference is begun. The provisions now cited govern throughout the life of the reference. The Arbitration Act 1996 (England and Wales) provides:

If the parties have not provided for a chairman or umpire, and if there is no last-ditch agreed criterion for resolving an impasse, so that a majority does not exist, it is suggested that the court might assume control.

ARBITRATOR CEASING TO HOLD OFFICE

Section 27 of the Arbitration Act 1996 (England and Wales) governs the situation ‘where an arbitrator ceases to hold offi ce’. An arbitrator (that word presumptively including an umpire) might cease to hold offi ce in various situations: (i) by revocation of his authority; (ii) because he is removed by court order; or (iii) because he resigns, or dies.