Arbitral tribunal

Members selected to serve on an arbitration panel are typically professionals with expertise in both law and in friendly dispute resolution (mediation).

Some scholars have suggested that the ideal composition of an arbitration commission should include at least also one professional in the field of the disputed situation, in cases that involve questions of asset or damages valuation for instance an economist.

In default of such a provision, where the parties are unable to agree, an application for an appointment is usually made to the court.

When an arbitrator is "chairperson", then they will not usually exercise any special or additional powers, and merely have a presidential function as the tribunal member who sets the agenda.

The standards for enforcing such awards are set out in the New York Convention, as interpreted by local law.

Most legal systems reserve a power to the court to remove arbitrators who are unfit to act, or are not impartial.

[12] In most legal systems, the arbitral tribunal is able to rule upon its own jurisdiction (often referred to as the doctrine of "Kompetenz-Kompetenz" in international law).

An "evidentiary hearing" is the equivalent to what in the courts of many countries would be called a trial, with the presentation of evidence in the form of documents and witnesses.

Although evidentiary hearings are generally available as a means to assist the arbitral tribunal in deciding contested factual issues, arbitration rules do not usually require them and leave the means of decided disputed factual issues to the discretion of the tribunal.

Where it may be appropriate to do so, arbitral tribunals can make decisions solely upon documentary evidence, which may or may not be accompanied by witness statements, which in the US are referred to as affidavits.

As part of their organizational bylaws or standard terms and conditions, some organizations may also provide that disputes shall be arbitrated without an oral hearing and upon documentary evidence only, an example being certain trade associations, such as GAFTA.

These institutions prove very useful in the cases where a very deep and specialised knowledge is needed in settlement, which in turn can be cost effective and time saving.