Art. 26 FAI Arbitration Rules

26. CONDUCT OF THE ARBITRATION

26.1 Subject to these Rules and any agreement by the parties, the arbitral tribunal shall conduct the arbitration in such manner as it considers appropriate.

26.2 In all cases, the arbitral tribunal shall ensure that the parties are treated with equality and that each party is given a reasonable opportunity to present its case.

26.3 All participants in the arbitral proceedings shall act in good faith and make every effort to contribute to the efficient conduct of the proceedings in order to avoid unnecessary costs and delays.

26.4 By agreeing to arbitration under the Rules, the parties undertake to comply with any order or other direction of the arbitral tribunal without delay.

26.5 The arbitral tribunal may, after consulting with the parties, appoint a secretary when deemed appropriate. A secretary shall meet the same requirements of impartiality and independence
as any arbitrator under Article 21.1. The Institute may separately issue further instructions on the appointment, duties and remuneration of a tribunal-appointed secretary.

26.6 With the agreement of all parties, the arbitral tribunal may take steps to facilitate the settlement of the dispute. Any such agreement by a party shall constitute a waiver of its right to challenge an arbitrator’s impartiality based on the arbitrator’s participation and knowledge acquired in taking the agreed steps.

26.7 All communications to the arbitral tribunal by one party shall be communicated by that party to all other parties. Such communications shall be made simultaneously, except as otherwise permitted by the arbitral tribunal.

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