Abstract

It is trite that the appointment letter to an arbitrator and the letter of acceptance of the offer which sets in motion the arbitration constitute the contract between the parties and the arbitrator(s) making it a purely private affair in which the arbitrators are to comply with the terms of the arbitration clause or agreement.For all intents and purpose, these terms comprise the different obligations which are contained in the arbitration clause or agreement. However, many arbitration clauses inserted in contracts are not detailed enough to prescribe these terms governing arbitrators powers and functions.In cases where the parties have agreed that the rules of a particular arbitral institution will apply or that the arbitration law and rules of the seat of arbitration will apply, those rules and any mandatory provisions will bind the arbitrators.

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