|The Rules, in their latest version, contain several provisions guaranteeing the constitution of the Arbitration Tribunal and the proper conduct of the proceedings. Nevertheless, the parties remain free to derogate from it.
At the time of the presentation of the request, the plaintiff must briefly set out the details of the dispute and pay the file fees; if there are any irregularities, the Institute may also decide to interrupt the procedure.
The defendant, after communication by the Institute of the existence of an arbitration request which concerns him, sets out his arguments.
If there is no agreement between the parties on the subject, the Institute is responsible for constituting the Arbitral Tribunal and deciding the place of arbitration.
The Institute also has significant powers concerning the composition of the Arbitral Tribunal, in particular to avoid the constraints linked to multiparty arbitration and the blockages due to the need to replace an arbitrator. Once constituted, the Arbitral Tribunal determines the conduct of the proceedings on the basis of the content of the arbitral agreement, the Rules and the requirements of the parties.
At this time, the parties specify their claims.
The Arbitral Tribunal, when there is no prejudice for another party or in relation to other circumstances, may also accept modifications of claims during the course of the proceedings.
He resolves the dispute on the basis of the law or rules of law chosen by the parties. In the absence of such a choice, he is supposed to apply the law or the rules of law that he considers the most appropriate.
On the initiative of one of the parties, the Arbitral Tribunal may, during the course of the proceedings, take any emergency measure in order to ensure the future execution of the award.
The arbitrator must render the award within six months of accepting the case. At the request of the parties, the Arbitral Tribunal may also register their agreement on the form of an arbitration award.