Answer ... (a) Procedure, including evidence?
In the absence of agreement by the parties or the provision of this Act otherwise, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate. The powers conferred upon the arbitral tribunal include the power to determine the admissibility, relevance, materiality and weight of any evidence (Section 25 of the Arbitration Act). The arbitral tribunal may apply the provisions of the Civil Procedure Code concerning evidence mutatis mutandis (Section 25 of the Arbitration Act).
(b) Interim relief?
As far as the Arbitration Act is concerned, it is still unclear whether an arbitrator can grant interim relief even if the arbitration agreement or the arbitration rules allow him or her to do so. However, a party to an arbitration agreement may request the court of competent jurisdiction to grant interim relief before or during the arbitration proceedings. If the court considers that the relief is of a nature that can be granted by the court, it will do so. In making such decision, the court will apply the provisions of the court’s procedure mutatis mutandis (Section 16 of the Arbitration Act). If the court grants the interim measure, but the party which requested the measure does not commence arbitration proceedings within 30 days of grant or within the period prescribed by the court, the order will lapse (Section 16 of the Arbitration Act).
(c) Parties which do not comply with its orders?
Parties which do not comply with the court’s orders granting interim relief may be subject to imprisonment, a fine or both (Section 187 of the Penal Code).
(d) Issuing partial final awards?
The Arbitration Act is silent on whether an arbitrator can issue partial final awards; this is left to the parties’ agreement (including the applicable arbitration rules). In the absence of the parties’ agreement and a provision of the Arbitration Act on a particular issue, the act grants the tribunal the power to conduct the arbitration proceedings in the manner it sees fit, which may include the power to issue partial final awards (Section 25 of the Arbitration Act).
(e) The remedies it can grant in a final award?
The remedies that an arbitrator can grant in the final award must not be beyond the scope of the relief sought by the parties, except:
- in an award rendered in accordance with the settlement agreement; or
- in relation to the fixing of arbitration fees, expenses or remuneration of the arbitrator.
Otherwise, the award may be set aside or not enforced by the court (Section 37 of the Arbitration Act).
(f) Interest?
In the absence of a specific request by a party in the written submission, it is unclear whether an arbitrator can award interest on his or her own initiative. In practice, the party concerned will, in its relief sought, request the arbitrator to grant any other remedy that he or she considers appropriate, which will cover the grant of interest.