Answer ... (a) Procedure, including evidence?
As provided by Article 14 of the Uniform Act on Arbitration, the parties may, directly or by reference to arbitration rules, determine the arbitral procedure. They may also make it subject to a procedural law of their choice.
Absent such agreement, the arbitral tribunal may conduct the arbitration as it deems appropriate.
The arbitral tribunal may invite the parties to provide it with factual explanations and to submit to it, by any legally admissible means, the evidence that it believes will be necessary to resolve the dispute.
It may not retain in its ruling the arguments, explanations or documents submitted by the parties, unless both parties have been in a position to discuss them.
It shall not base its ruling on evidence established on its own motion without previously inviting each of the parties to submit its comments thereon.
Where the assistance of judicial authorities is necessary for the taking of evidence, the arbitral tribunal may, on its own motion or upon request, seek the assistance of a competent jurisdiction in the member state.
The arbitral tribunal shall, unless otherwise agreed by the parties, be empowered to decide any incidental claims concerning verification of the authenticity of documents or forgery.
(b) Interim relief?
The arbitral tribunal may, upon the request of either party, order interim or conservatory measures, with the exception of conservatory seizures and judicial sureties, which remain within the jurisdiction of state courts.
(c) Parties which do not comply with its orders?
If, without raising a legitimate reason:
- the claimant does not submit its claim, the arbitral tribunal shall terminate the arbitral proceedings;
- the respondent does not submit its defence, the arbitral tribunal shall continue the arbitral proceedings without, however, considering this failure per se as an acceptance of the claimant’s allegations; or
- one of the parties fails to appear at the hearing or to produce documents, the arbitral tribunal may continue the proceedings and decide on the basis of the evidence before it.
(d) Issuing partial final awards?
The arbitral can issue partial and final awards.
(e) The remedies it can grant in a final award?
Any remedy may be granted in the final award. There is no express provision excluding any kind of remedy.
The arbitral tribunal may grant provisional enforcement of the award if this has been requested or may reject the request through a reasoned decision.
(f) Interest?
Interest may be granted in the award.