Answer ... (a) Procedure, including evidence?
The powers of the arbitrator include:
- the power to conduct the proceeding in an appropriate manner and in a way that ensures a fair hearing where the Arbitration Rules contain no provisions with respect to any particular matter (Section 15(2) of the Arbitration and Conciliation Act);
- the power to determine the admissibility, relevance, materiality and weight of any evidence (Section 15(3) of the Arbitration and Conciliation Act);
- the power to determine the language to be used in the proceedings where the parties have not done so (Section 18(1) of the Arbitration and Conciliation Act);
- the power to order the translation of documentary evidence into the language to be used at the proceedings; and
- the power to administer oath or take affirmation of the parties and witnesses (Section 20(6) of the Arbitration and Conciliation Act).
(b) Interim relief?
The arbitrator’s powers in relation to interim relief are set out in Section 13(a) of the Arbitration and Conciliation Act, which provides that the arbitral tribunal may order any party to take such interim measure of protection as the tribunal may consider necessary in respect of the subject matter.
Section 21 of the Lagos State Arbitration Law also empowers the arbitrator to make an order for interim relief or measures.
(c) Parties which do not comply with its orders?
The powers of an arbitrator with respect to any party which does not comply with its orders are not manifestly provided for in the Arbitration and Conciliation Act. Failure to comply with an arbitral orders may go to the issue of costs.
However, Section 41(2) of the Lagos State Arbitration Law provides that the parties are free to agree on the powers of the arbitral tribunal where a party fails to do anything necessary for the proper and expeditious conduct of the arbitration.
(d) Issuing partial final awards?
Article 32(1) of the Arbitration Rules of the Arbitration and Conciliation Act provides that the arbitral tribunal is entitled to make interim, interlocutory or partial awards in addition to a final award.
(e) The remedies it can grant in a final award?
The powers of the arbitral tribunal with respect to the remedies it can grant in a final award are not manifestly provided for in the Arbitration and Conciliation Act.
(f) Interest?
The powers of the arbitrator with respect to interest are not manifestly provided for in the Arbitration and Conciliation Act; much will depend on the agreement of the parties in this respect.
Section 46(1) of the Lagos State Arbitration Law provides that the parties are free to agree on the powers of the arbitral tribunal as regards the award of interest. Where this is so, the arbitral tribunal may award simple or compound interest (Section 46(2) of the Lagos State Arbitration Law).