Answer ... (a) Procedure, including evidence?
The parties can determine the procedure to be followed by mutual agreement. If the parties are unable to reach agreement on the procedure, the arbitral tribunal will select the procedure that it deems most suitable, taking into account the provisions of the Arbitration Law.
With regard to the presentation of evidence, Article 37 of the Arbitration Law grants the arbitral tribunal the authority to ask the president of the relevant court of appeal to impose a fine on an individual who fails to attend as a witness. However, the court does not have the authority to compel an appearance before the arbitral tribunal.
(b) Interim relief?
Under Article 24(1) of the Arbitration Law, the parties to arbitration may grant powers to the arbitral tribunal to order such temporary or preventive measures as the nature of the dispute may require.
(c) Parties which do not comply with its orders?
According to Article 24(2) of the Arbitration Law, if the party to which an order is directed does not adhere to or execute it, the tribunal, on the other party’s request, can authorise the requesting party to take the necessary steps to enforce the order. This authorisation is without prejudice to the requesting party’s right to seek court assistance in enforcing the order.
(d) Issuing partial final awards?
Article 42 of the Arbitration Law allows the arbitral tribunal to issue a partial award before making its final award in the dispute.
(e) The remedies it can grant in a final award?
The arbitral tribunal can grant a range of remedies in the final award, which may include, among other things:
- damages;
- specific performance;
- declaration of rights;
- restitution;
- interest;
- costs;
- arbitrators’ fees; and
- penalties or liquidated damages.
In awarding any remedy, the arbitral tribunal must stay within the boundaries defined by the arbitration agreement. Exceeding these limits could potentially lead to the annulment of the award under Article 53 of the Arbitration Law.
(f) Interest?
The Arbitration Law includes no provisions on interest and there are thus no limitations on the award of interest. The arbitral tribunal can award daily interest on the granted sum, both before and after the award is issued. The Ministry of Commerce, Industry and Investment Promotion has established a 6% interest rate for commercial debts.