How are procedures chosen for an arbitration hearing?

In arbitration, the procedures for a hearing are primarily determined by the rules established in the arbitration agreement signed by the parties involved. If the agreement does not specify these rules, the procedure is determined by the arbitrators themselves.1

In the context of international disputes, if a treaty or specific contract fails to define procedural particulars, the parties typically create a compromis—a submission agreement—to outline the rules to be followed, including the presentation of evidence and the location of hearings. Regardless of the specific arrangement, all arbitration proceedings must be conducted to ensure a fair hearing based on the principle of equality.21

It is important to note that while parties have flexibility in choosing these procedures, the process must remain a quasi-judicial procedure that upholds fairness. Courts may intervene if there is evidence of arbitrator misconduct, such as denying a party the opportunity to fully present its claim or refusing a reasonable request to postpone a hearing.1