Transmission of File, Terms of Reference, Case Management Conference
Once the Arbitral Tribunal receives the file, it is responsible for running the proceeding and deciding on the merits of the dispute.
Transmitting the file to the Arbitral Tribunal
Once the Arbitral Tribunal has been constituted and the advance on costs requested at this stage has been paid, the Secretariat transmits the file to each member of the Arbitral Tribunal (Article 16). From that time on, general management of the case shifts from the Secretariat to the arbitral tribunal. Accordingly, the parties should correspond directly with the Arbitral Tribunal, while sending copies of their correspondence and submissions to the Secretariat and to the other parties.
Once the file has been transmitted to it, the arbitral tribunal is responsible for running the proceding and deciding on the merits of a dispute. However, the Court and Secretariat maintain a role. They monitor the arbitral process from start to finish, making sure that cases run smoothly and correctly. They review the progress of each case to ensure it advances at the right speed and in line with the Rules.
Terms of Reference
As soon as it has received the file from the Secretariat, the arbitral tribunal must draw up, on the basis of documents or in the presence of the parties and in the light of their most recent submissions, a document defining its "Terms of Reference" (Article 23).
As required in the Rules, the "Terms of Reference" include the full names and description of the parties and arbitrators, the place of arbitration, a summary of the parties' respective claims and relief sought, particulars concerning the applicable procedural rules, etc.. They may also contain a list of issues to be determined.
The Terms of Reference must completed within two months of the file being transmitted to the Arbitral Tribunal. If one of the parties refuses to take part in drawing up or to sign the "Terms of Reference", the latter are submitted to the Court for approval.
Case Management Conference (Article 24)
Also at this stage, the Arbitral Tribunal is required to convene a case management conference and establish a provisional timetable to be followed in the conduct of the arbitration. The case management conference is designed to discuss and put in place the best procedure for the arbitration, particularly in the interests of ensuring time and costs efficiency. Further case management conferences can be held throughout the case as necessary.