Originally from Soft Law in International Arbitration, Second Edition

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Purpose of the Notes

1. The purpose of the Notes is to list and briefly describe matters relevant to the organization of arbitral proceedings. The Notes, prepared with a focus on international arbitration, are intended to be used in a general and universal manner, regardless whether the arbitration is administered by an arbitral institution.

2. Given that procedural styles and practices in arbitration do vary and that each of them has its own merit, the Notes do not seek to promote any practice as best practice.

Non-binding character of the Notes

3. The Notes do not impose any legal requirement binding on the parties or the arbitral tribunal. The parties and the arbitral tribunal may use or refer to the Notes at their discretion and to the extent they see fit and need not adopt or provide reasons for not adopting any particular element of the Notes.

4. The Notes are not suitable to be used as arbitration rules, since they do not oblige the parties or the arbitral tribunal to act in any particular manner. Various matters discussed in the Notes may be covered by applicable arbitration rules. The use of the Notes does not imply any modification of such arbitration rules.

5. The Notes, while not exhaustive, cover a broad range of situations that may arise in arbitral proceedings. In many arbitrations, however, only a limited number of the matters addressed in the Notes will arise or need to be considered. The specific circumstances of the arbitration will indicate which matters it would be useful to consider and at what stage of the arbitral proceedings those matters should be considered. Therefore, it is advisable not to raise a matter unless and until it appears likely that the matter will need to be addressed.

Characteristics of arbitration

6. Arbitration is a flexible process to resolve disputes; the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the arbitral proceedings, subject to mandatory provisions of the applicable arbitration law. The autonomy of the parties in determining the procedure is of special importance in international arbitration. It allows the parties to select and tailor the procedure according to their specific wishes and needs, unimpeded by possibly conflicting legal practices and traditions.