Answer ... (a) Procedure, including evidence?
In relation to the taking of evidence, arbitrators have the power to administer oaths and examine witnesses on oath.
(b) Interim relief?
Under Section 14 of the Arbitration Act, arbitrators have the power to grant interim relief. The section provides as follows: “Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference be deemed to contain a provision that the arbitrator or umpire may, if he thinks fit, make an interim award, and any reference in this part of this Act to an award includes a reference to an interim award.”
(c) Parties which do not comply with its orders?
Under the legislation, arbitrators have no coercive powers. An arbitrator will usually address this issue through discussion and agreement with the parties at their preliminary meeting, and will then make a procedural order establishing the ground rules as to what steps may be taken where a party fails to comply with an order made by the arbitrator.
In cases where the parties have identified the rules applicable to the arbitration, those rules may contain provisions addressing the powers of the arbitrator in case of non-compliance.
The options that are more commonly utilised by arbitrators include:
- drawing adverse inferences from the act of non-compliance;
- in cases where the non-compliance relates to the production of information or material, directing that the party in default shall not be entitled to rely on the particular information or material;
- proceeding to an award based on the information or material that has been provided; or
- where the non-compliance relates to certain payments, permitting the other party to make the payment subject to a reallocation of costs in the final award.
(d) Issuing partial final awards?
Under Section 13 of the Arbitration Act, arbitrators have the power to make an award at any time. In addition to interim awards, which are specifically provided for in Section 14 of the act, the arbitrator may issue a partial final award, unless this is expressly precluded by the submission or is inconsistent with the authority granted under a reference. This will often happen where the proceedings have been bifurcated to allow for separate issues to be dealt with at different times, with a final award being issued at the conclusion of each stage.
(e) The remedies it can grant in a final award?
According to Section 15 of the Arbitration Act, unless a contrary intention is expressed in the arbitration agreement, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the arbitrator or umpire shall have the same power as the High Court to order specific performance of any contract other than a contract relating to land or any interest in land.
Subject to that limitation, and unless otherwise agreed by the parties, the arbitral tribunal may award any remedy or relief that could be awarded by the High Court in civil proceedings in relation to the particular dispute, including damages, injunctions and declaratory relief.
(f) Interest?
Section 20 of the Arbitration Act provides for the award of interest by stating that: “a sum directed to paid by an award shall, unless the award otherwise directs, carry interest as from the date of the award and at the same rate as a judgment debt.”
By virtue of the Judgments Act, the rate of interest that will currently apply is 5% per annum.