S.L. 387.1 Art. 71Responsibility for discipline over arbitral proceedings.

(1) The arbitral tribunal is primarily responsible for exercising discipline over the arbitral proceedings and shall have all the necessary powers to issue orders to the parties in relation thereto.

(2) The arbitral tribunal shall have the power to impose penalties for non-compliance with orders, for failure to observe timelimits and for failure to attend hearings or cancellation thereof without valid reasons.

(3) The penalties shall reasonably reflect the seriousness of the non-compliance, the costs incurred by the Centre, by the arbitral tribunal and by the other parties due to the non-compliance and generally the need to maintain order in the proceedings.

(4) There shall lie an appeal to the Board of the Centre on any penalty. Such appeal shall be filed in writing within five days of the imposition of the penalty and the decision of the Board shall be final and binding.

(5) It shall not be a valid ground of challenge of an arbitrator to claim that the arbitrator has exercised undue disciplinary action against a party except where there is evidence of disproportionate use of the powers of the arbitral tribunal relative to the action of a party. The burden of proving disproportionality shall rest with the party claiming it and arbitrators shall be prima facie presumed to have acted within their powers.