The ASA Swiss Arbitration Association's Annual Conference of 1 February 2013 in Zurich was devoted to the topic: "Inside the Black Box - How Arbitral Tribunals Operate and Reach their Decisions". This article derives from an introductory presentation that the author held at the said Conference. It analyses the legal framework of the deliberations. The author identifies and discusses a number of rights and duties of arbitrators that specifically arise at the stage of the deliberations, such as determining the process and timing of the deliberations, the right (and obligation) to participate in the deliberations, the (limited) right of the tribunal to seek assistance from other persons, and the (restricted) right to disclose a dissenting opinion. Moreover, the article analyses some of the general duties of arbitrators in the particular context of the deliberations, such as the duty of confidentiality, the duties of care, diligence and expedition, the obligation to apply the law, and the duties to be and remain impartial and independent.
ASA Bulletin