Procedure
A practical overview of how TAC proceedings are commenced, administered, and decided under the Rules.
Commencement
Request filed with the Registry
Tribunal
Sole arbitrator by default
Hearings
Remote by default
Final Award
Final and binding on the parties
How Proceedings Unfold
Proceedings follow a clear sequence: filing with the Registry, constitution of the Tribunal, procedural directions, hearing or written determination, and award.
Arbitration is commenced by submitting a Request for Arbitration to the Registry. The Registry transmits the Request, manages case communications, and maintains the electronic Case File as the official procedural record.
Unless otherwise agreed, the dispute is normally decided by a sole arbitrator. A three-member tribunal may be constituted where the parties agree or where the value or complexity of the dispute requires it.
TAC arbitration starts from an expedited procedural model. The procedure may be adapted or moved to standard procedure where the value, complexity, or procedural developments require it.
Urgent relief may be sought before the Tribunal is constituted through an Emergency Arbitrator. After constitution, interim or conservatory measures may be ordered by the Tribunal.
The seat determines the procedural law and the courts with supervisory jurisdiction. Hearings may be remote, hybrid, or in person where appropriate. The award is final and binding.
Constituting the Tribunal
The Tribunal is constituted in accordance with the TAC Arbitration Rules and any agreement of the parties. Where the parties do not make the required nomination or agreement is not reached, arbitrators are appointed by the Centre.
In making appointments, the Centre considers the nature of the dispute, the required qualifications, independence and impartiality, and other relevant circumstances.
Default
Sole Arbitrator
By Agreement, Value or Complexity
Three-Member Tribunal
Pre-Constitution Relief
Emergency Arbitrator
1
Independence and Disclosure
Arbitrators must be independent and impartial. Before appointment, they must disclose circumstances that may give rise to justifiable doubts and confirm their availability to conduct the arbitration diligently and expeditiously.
2
Appointment by the Centre
Where the parties do not make the required nomination or agreement is not reached, the Centre appoints the arbitrator or tribunal in accordance with the Rules.
3
Challenge Procedure
A party may challenge an arbitrator where circumstances give rise to justifiable doubts as to independence or impartiality. Challenges are decided by the Centre in accordance with the Rules.
4
Replacement of Arbitrators
An arbitrator may be replaced where they resign, are unable to perform their functions, fail to act, or where a challenge is sustained.