The Objective Framework of the Inspection Conducted by the Arbitral Tribunal in the Arbitration Case

Abstract

This study will demonstrate the importance of the supervision conducted by the arbitral tribunal in arbitration claims which comes as a result of the failure of the parties to present their written evidences in a given case. In fact, the study focused on approaching the inspection in the Jordanian Arbitration Law and the rules of evidences of the International Bar Association (IBA) in addition to the UNCITRAL Model Law on International Commercial Arbitration. Yet, the study showed regulatory frame work of the inspection through research and regulation of its scope, purpose and timing of the supervision conducted by the arbitral tribunal. Hence, the study concluded that there is subjective elements in the role as a result of the specialised knowledge of the arbitrators on the subject of the dispute which imposes certain burdens that must be take into account in order for the role to be valid as an evidence in proof. Further, that the rules of evidence laid down by the International Bar Association (IBA) have developed a framework for inspection that may form a reference for some national legislations that have not regulated the same after. The study concluded some recommendations which mainly include that in view of the importance of inspection in some arbitration cases, then its framework, scope and regulation must be defined in more detail in national legislations on through international references, e.g. the International Bar Association and the concerned international arbitration institutions.