Answer ... (a) Procedure, including evidence?
Under Article 23(2) of the Federal Arbitration Law, in the event that the parties have not identified the procedure to be applied in the arbitration, the arbitrators may determine the applicable procedure, subject to the Federal Arbitration Law, in compliance with the basic principles in litigation and international agreements to which the state is a party.
(b) Interim relief?
Under Article 18(2) of the Federal Arbitration Law, an arbitral tribunal can petition the competent court to issue interim or precautionary measures where deemed necessary, for the current or future arbitral proceedings, whether before or in the course of the arbitration.
Article 21 of the Federal Arbitration Law provides that, unless otherwise agreed by the parties, an arbitral tribunal can grant interim relief (either upon party request or sua sponte) deemed necessary and as required by the nature of the dispute. Such relief includes the following:
- an order to preserve evidence that may be material to resolve the dispute;
- an order to take necessary measures to preserve goods that constitute the subject matter of the dispute or to sell perishable goods;
- an order to preserve assets and property for the purposes of enforcement of an award;
- an order maintaining or restoring the status quo pending determination of the dispute; or
- an order to take action that would prevent (or refrain from taking action that is likely to result in) current or imminent harm or prejudice to the arbitral process itself.
(c) Parties which do not comply with its orders?
As mentioned above in question 8.6(b), Article 18(2) of the Federal Arbitration Law states that an arbitral tribunal can petition the competent court to issue interim or precautionary measures where deemed necessary during an arbitration.
(d) Issuing partial final awards?
Article 39 of the Federal Arbitration Law allows for an arbitral tribunal to issue interim and summary awards before issuance of the final award. These are enforceable with the competent court by way of petition.
(e) The remedies it can grant in a final award?
An arbitral tribunal can award damages, specific performance and declaratory relief, provided that such relief was awarded pursuant to an express request by the parties.
(f) Interest?
Arbitrators have the power to award both pre and post-award interest, provided that this is done pursuant to an express request by the prevailing party.