Unless the parties agree otherwise, the arbitral tribunal may, at the request of a party, order such an injunction from each party that the arbitration tribunal may find necessary with respect to the subject matter of the dispute. The Court of Arbitration may require any party to provide appropriate security in the context of such a measure. 3 This meaning of seat law has a significant harmonization effect on the determination of the law applicable to the validity of the arbitration agreement. It serves to avoid the frictions and contradictions that could arise if different laws applied to these issues. The freedom of decision created by the seat is important because the arbitration agreement is the very foundation of the court`s jurisdiction. This requires conflict rules of strict, fast, enforceable and generally accepted laws in order to avoid further complications when the jurisdiction of the Tribunal is unilaterally challenged. This is also consistent with the concept of partisan autonomy, which is one of the main maxima of international commercial arbitration. The seat is usually chosen by the parties or by the court or by the arbitration institution on their behalf. The choice of seat therefore becomes a direct or indirect choice of the parties with respect to the above issues. (1) Subject to the provisions of this Act, the parties are free to agree on the procedure to be followed by the Court of Arbitration in the execution of the proceedings. (2) Otherwise, subject to the provisions of this Act, the Court of Arbitration may proceed with arbitration in the manner it deems appropriate. The power conferred on the arbitration tribunal includes the power to determine the admissibility, relevance, importance and weight of evidence. Article 20.
Arbitration Place 2 Without the choice of law by the parties, the right of the seat of arbitration plays a leading role in determining the law applicable to the arbitration agreement. It regulates the following issues, three of which relate to the validity of the arbitration agreement: (i) a party to the Article 7 arbitration agreement has been in some incapacity; or the aforementioned agreement is not valid under the law to which the parties submitted it or, if there has been no indication, under the law of that state; or (1) Subject to contrary agreement by the parties, the arbitration tribunal decides whether it holds oral hearings for evidence or oral proceedings, or whether the proceedings are conducted on the basis of exhibits and other documents. However, unless the parties have agreed that there will be no hearings, the Arbitration Tribunal conducts these hearings at an appropriate stage of the proceedings, if requested by a party. 2. The parties are properly informed in advance of each hearing and hearing of the Court of Arbitration for the purpose of inspecting goods, other objects or documents. 3. Any statement, document or other information that one party makes available to the Court of Arbitration is communicated to the other party. Any expertise or document of evidence on which the arbitration tribunal may base its decision must also be communicated to the parties. Article 25.
Failure of a party (a) not to submit its application in accordance with Article 23, paragraph 1, of the Court of Arbitration; (b) if the respondent does not submit his defence brief in accordance with section 23, paragraph 1, the Court of Arbitration will continue the proceedings without treating the breach as such as an admission of the applicant`s grievances; (c) any party does not appear at a hearing or present documents, the arbitration tribunal may continue the proceedings and render the arbitral award on the evidence before it.