Section 24: Duties and powers of Tribunal

24. Duties and powers of Tribunal (1) Every arbitral tribunal shall— (a) treat the parties with equality and give them a reasonable opportunity of presenting their case; and (b) adopt procedures suitable to the circumstances of the case, avoiding unnecessary delay and expenses, so as to provide a fair and efficient means for the resolution of the dispute between the parties. (2) Subject to this Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. (3) Failing such agreement, the arbitral tribunal may, subject to this Act, conduct the arbitration in such manner as it considers appropriate, and determine all procedural and evidential matters including— (a) where and when the proceedings are to be held; (b) the language to be used in the proceedings; (c) whether any written statement of claim and defence are to be used, when these should be supplied and the extent to which such statements can be later amended; (d) whether any document should be disclosed between, and produced by, the parties and at what stage; (e) whether any question should be put to and answered by the parties; (f) whether to apply rules of evidence, or any other rules, as to the admissibility, relevance or weight of any material sought to be tendered on any matters of fact or opinion, and the time, manner and form in which such material should be exchanged and presented; (g) whether and to what extent the arbitral tribunal should itself take the initiative in ascertaining the facts and the law; and [Issue 5] I15A – 16 Revised Laws of Mauritius (h) whether and to what extent the arbitral tribunal should administer oaths or take affirmations from any witness for the purposes of his examination before the arbitral tribunal.