Arbitral Tribunal Definition

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GLOSSARY

/ˈɑːbɪtr(ə)l/ /trʌɪˈbjuːn(ə)l,trɪˈbjuːn(ə)l/

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What does Arbitral Tribunal mean?

The arbitrator(s) appointed on or behalf of the parties to an arbitration to resolve their dispute. A tribunal may consist of a sole arbitrator or a panel of arbitrators (generally, three).

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Choosing an arbitral seat—Austria

Choosing an arbitral seat—Austria Due to Austria’s geographical location and political neutrality, the country’s reputation for resolving international commercial disputes is traditionally strong. Accordingly, Austria can be considered one of the major centres for arbitral proceedings in Europe. This Practice Note considers information relevant for those considering Austria as a legal seat of arbitration. For more information on the arbitral seat, see Practice Notes: The seat of the arbitration and Choosing the seat of arbitration. Why Austria? • political neutrality • modern and well-developed arbitration law (a UNCITRAL Model Law country) • sophisticated international administering institution (Vienna International Arbitral Centre (VIAC)) • arbitration-friendly courts • proceedings to set-aside an arbitral award are to be decided by the Supreme Court as first and only instance • very active arbitration community • strong ties with Central and Eastern Europe as well South Eastern Europe, as well as increased ties with China The legal environment Austrian arbitration law forms part of the Austrian Code of Civil Procedure (sections 577...

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales)

Law of the arbitration proceedings—curial law or lex arbitri (England and Wales) STOP PRESS: This Practice Note has been updated in light of the new Arbitration Act 2025 and contains reference to amended provisions in the Arbitration Act 1996. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force? This Practice Note considers the procedural law of arbitration proceedings and how it is determined under the law of England and Wales (England and English are used as convenient shorthand). The procedural law of the arbitral proceedings The procedural law of an arbitration is also called the 'lex arbitri' or the 'curial law'. It provides the framework for the internal procedure of the arbitration itself and the power of the courts supervising and supporting the arbitration. The detail of how an arbitration is to be proceeded is usually determined by any applicable arbitration rules, the procedural orders of the tribunal, and the parties' agreement. The curial law can,...

Discover our 9 Practice Notes on Arbitral Tribunal

ICC—Answer to Request for Arbitration

ICC—Answer to Request for Arbitration The Secretariat of the International Court of Arbitration International Chamber of Commerce [Address of an approved ICC office and by email to the relevant address for the office] [Date] Dear [ICC Secretariat], [Insert ICC Reference number] Answer to Request for Arbitration: [Party names] [Law firm case reference number] We confirm that we act on behalf of [name of respondent party], the Respondent party in the above arbitration proceedings. The Respondent received your letter dated [Insert date] plus enclosures including the request for arbitration (the Request) on [Insert ]. Pursuant to article 5 of the 2021 ICC Rules of Arbitration (ICC Rules), we enclose the Respondent’s answer to the request for arbitration and counterclaim (the Answer). [The Respondent requests, in accordance with art 5(3) of the ICC Rules, that the Secretariat transmits the Answer by delivery against receipt, registered post or courier. We enclose [number] copies.] Kindly acknowledge receipt of this Answer. Yours faithfully, [Name of Respondent's counsel] IN THE...

Response for an adjudication

Response for an adjudication IN THE MATTER OF THE housing grants, construction and regeneration act 1996 And IN THE MATTER OF AN ADJUDICATION BEFORE [Name of Adjudicator] Between [Name of party 1] The Referring Party and [Name of party 2] The Responding Party _______________________________________ RESPONSE _______________________________________ Introduction 1 This is the Responding Party’s Response to the Referring Party’s Referral Notice served on [date] (the Referral). 2 This Response is accompanied by a bundle, which includes the following materials: 2.1 chronology of relevant events at tab [insert] (Tab [insert]) 2.2 [insert] at tab [insert] (Tab [insert]) 2.3 [insert] at tab [insert] (Tab [insert]) 3 In this Response, references to the documents and materials accompanying the Notice of Adjudication and Referral are in the form used by the Referring Party. 4 This Response addresses the key issues in dispute. It does not respond to the Referral on a paragraph-by-paragraph basis, nor answer every allegation made in the Referral. For the avoidance of doubt, however, all allegations made by...

Dive into our 8 Precedents related to Arbitral Tribunal

Singapore High Court orders partial setting aside of award of damages made in excess of scope of submission to arbitration (India Glycols Ltd and others v Texan Minerals and Chemicals LLC)

Arbitration analysis: This case involved a successful partial setting aside of an arbitral Award of damages pursuant to Article 34(2)(a)(iii) of the UNCITRAL Model Law on International Commercial Arbitration (‘Model Law’) on grounds that the Tribunal had exceeded its jurisdiction by deciding on matters beyond the scope of the submission to arbitration. In this case, the Singapore High Court partially set aside a part of the Award imposing liability for damages for breach of contract on two of the three Respondents, finding that the issue of the two Respondents’ breach of contract and liability for the same never arose in the arbitration nor was it within the scope of the submission to arbitration. This case provides useful guidance as to how a court approaches a challenge to an award made in excess of a tribunal’s jurisdiction. Written by Magdalene Ong, partner at WongPartnership LLP.

French domestic courts will defer to arbitral jurisdiction when the parties raise set-off arguments on the basis of subsequent contracts that do not contain arbitration agreements (SCEA [D] et Fils v Groupe Carré–CA, Douai)

Arbitration analysis: The Court of Appeal of Douai upholds a first instance ruling by the Commercial Court of Arras, declining jurisdiction in favour of arbitration, based on an arbitration clause. Even though the proceedings initiated by the claimant SCEA [D] et Fils (‘SCEA [D]’) raised a legal question as to the contractual existence of two prior unsigned agreements, upon which the respondent SAS Groupe Carré (‘Groupe Carré’) had relied to offset alleged indemnities against a subsequent contractual invoice, the Court held that the dispute pertained to the latter signed contract, such that the matter of the contractual existence was merely an argument related to the latter contract, and not the subject of the dispute. As that contract contained an arbitration agreement, the court held that it did not have jurisdiction to hear the dispute. Written by Adi Trivedi, associate, and Sara Nadeau-Seguin, partner, at Teynier Pic, in Paris.

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