The typical steps in arbitration are as follows:
1. Referral: The arbitration process begins when one party files a Notice of Arbitration, formally referring the dispute for resolution under the agreed arbitration clause. The respondent is notified and may submit a response or counterclaim, setting the framework for the issues to be resolved.
2. Tribunal Formation: The arbitral tribunal is then constituted. Arbitrators are appointed in accordance with the SARCO Arbitration Rules. Upon appointment, each arbitrator confirms their independence and impartiality, marking the official commencement of proceedings.
3. Procedural Schedule: A preliminary or procedural meeting is convened to establish the timetable for the case. The tribunal issues a procedural order outlining deadlines for submissions, the exchange of evidence, and hearing dates—ensuring the process remains structured and efficient.
4. Arbitration Hearings & Evidence: During this stage, both parties present their written submissions, witness statements, and expert reports. Hearings are conducted to examine evidence and hear oral arguments. The tribunal may also request post-hearing briefs to clarify key issues before deliberation.
5. Closing: After all evidence and arguments have been presented, the tribunal declares the proceedings closed. No further submissions are accepted unless specifically authorized. The tribunal then begins private deliberations to reach its decision.
6. Award Issued: Following deliberation, the tribunal delivers a written, reasoned award setting out its findings and determinations. The award resolves the dispute, specifies any compensation or remedies, and becomes final and binding upon delivery to the parties.
7. Implementation/Enforcement: In the final stage, the award is implemented or enforced. The losing party may comply voluntarily, or the prevailing party may seek judicial recognition and enforcement under applicable domestic law or international conventions. Once enforced, the dispute is formally concluded.