Principle

No. XIII.3.1 - Arbitral due process

(a) Throughout the proceedings, the parties shall be treated with equality.

(b) Each party shall be given a full opportunity to present his case at all stages of the proceedings ("audiatur et altera pars”).

(c) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purpose of taking evidence.

(d) All written pleadings, documents or other communications supplied to the arbitral tribunal by one party shall be communicated to the other party. Likewise, expert reports and other evidentiary documents on which the arbitral tribunal may rely in making its decision are to be communicated to both parties.

(e) The parties are entitled to be legally represented.

Commentary
1 As a consequence of the genuinely judicial nature of arbitration, Art. 18 UNCITRAL Model Law and all other modern arbitration laws safeguard the parties’ basic procedural right of equal treatment and their right to be heard as the essential principles of arbitral due process. These basic procedural rights constitute the ‘Magna Carta’ of any arbitration. They compromise some of the very few mandatory rules of arbitration laws which prevail over any agreement of the parties.

2 The parties' due process rights are also essential elements of public policy. Therefore, the violation of these rules by the arbitrators may lead to the setting aside of the award or to the refusal of enforcement. These rules therefore constitute the principal guidelines for the arbitrators’ exercise of their procedural discretion over the conduct of the proceedings.

Please cite as: "Commentary to Trans-Lex Principle , http://www.trans-lex.org/969020"
References
Arbitration Rules
Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules
DIS Arbitration Rules 1998, downloadable at http://www.dis-arb.de
Swiss Rules of International Arbitration 2006
UNCITRAL Arbitration Rules 1976
UNCITRAL Arbitration Rules 2010 (revised)
WIPO Arbitration Rules
Doctrine
Dalhuisen, Jan H. - Legal Orders and Their Manifestation: The Operation of the International Commercial and Financial Legal Order and Its Lex Mercatoria, (2006) 24 Berk J Intl L  129.
International Legislation
UNCITRAL Model Law on International Commercial Arbitration
Model Laws
UNCITRAL Model Law on International Commercial Arbitration with Amendments, 2006
National Legislation
Austrian Arbiration Law 2006
English Arbitration Act 1996
Scottish Arbitration Bill 2009
US Uniform Arbitration Act 2000
Zivilprozessordnung - German Code of Civil Procedure
Contract Clauses
There are currently no contract clauses.
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