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Title: An analysis of the powers of arbitrators in international commercial arbitration
Author: Kamanga, Patricia Nchimunya Shansonga
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 2008
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This study analyzes the powers of an arbitral tribunal conducting arbitration proceedings under the UNCITRAL Model Law and under the English Arbitration Act of 1996. The study rests on an accumulation of case law, current and secondary literature. The thesis shows that the extent of an arbitral tribunal’s powers is determined by the agreement of the parties subject to the applicable laws and rules of arbitration. The first chapter lays down the framework upon which a tribunal’s powers are established and the basic standard of behaviour expected from a tribunal performing a juridical duty. The second chapter analyzes the power of a tribunal to conduct arbitration proceedings. It recognizes the power of a tribunal to deal with the dispute between the parties as ultimate and its power to deal with procedural issues as limited and subject to the agreement of the parties. Chapter three looks at the power of a tribunal to make a final and binding award that is enforceable at law. The chapter recognizes the need for the tribunal to comply with and fulfil the requirements of the lex arbitri and the doctrine of res judicata. Chapter four examines the nature of objective arbitrability and the power of a tribunal to define its own jurisdiction. The chapter shows the benchmarks used to determine the question of objective arbitrability and how these act as a controlling feature over arbitrable issues as well as over the extent of an arbitral tribunal’s jurisdiction. Chapter five makes an analysis of the extent to which a court may be permitted to intervene in the arbitration process before the appointment of a tribunal and during the tribunal’s conduct of the arbitration proceedings. It becomes evident from the study that the court plays a role of sending arbitrable matters to arbitration and rescuing the arbitration when need be. The final chapter discusses the extent to which a court may intervene in the work of an arbitral tribunal after the final award. The thesis shows that the court’s role is permitted in a systematic way that ensures that the arbitral tribunal’s exercise of its power is not disrupted.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available