Instruction Pursuant to Section 118a of Code of Civil Procedure in Arbitration Proceedings: Scope of Applicability in the Current Case-Law (Part I)
Abstract
One of the delicate and practical problems of arbitration proceedings as an alternative way of dispute resolution has been the question whether arbitrators are obliged to proceed according to Section 118a of Code of Civil Procedure with regard to the subsidiary application of Code of Civil Procedure. This issue has caused much professional controversy and a considerable number of proceedings for annulment of arbitral award.
The decision-making of civil courts has not always come to a single answer, however, it seems that the case-law became to be settled in the last few years especially regarding the range of instruction obligation of arbitrators. Based on an analysis of the current case-law, the purpose of this paper is to define the situations in which the arbitrators have, respectively do not have the obligation to instruct the party pursuant to Section 118a of Code of Civil Procedure.