Powers of arbitral tribunals governing the procedures and evidence under the UNCITRAL Arbitration Rules


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Practice notes

Powers of arbitral tribunals governing the procedures and evidence under the UNCITRAL Arbitration Rules


Produced in partnership with WilmerHale

Practice notes
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This Practice Note considers the powers of the arbitral tribunal pursuant to the united nations commission on international trade law arbitration rules (the UNCITRAL rules). For an introduction to the UNCITRAL Rules, see Practice Note: UNCITRAL Rules—background and introduction. For guidance on appointing the tribunal, see Practice Note: UNCITRAL Rules—appointment of the arbitral tribunal.

An essential aspect of the UNCITRAL arbitration process concerns the powers of the tribunal. The UNCITRAL Rules provide the arbitral tribunal with a number of wide-ranging powers in relation to the conduct and timing of the proceedings, evidence, the issuance of awards, interim measures and the allocation of costs.

General power of the arbitral tribunal

The tribunal may conduct the proceedings in the manner it considers appropriate, subject that it should treat the parties equally and give each party a reasonable opportunity of presenting its case (UNCITRAL Rules, Article 17(1)). The wide discretion granted to the tribunal is a key principle of UNCITRAL arbitration and was drawn from the original 1976 UNCITRAL Rules.

The UNCITRAL Rules also explicitly address issues of efficiency and expense

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