4 Interpreting the Arbitration Agreement
- Arbitral agreements — Treaty provisions — UNCITRAL Arbitration Rules — Waiver — Arbitral tribunals
4.1 Because arbitration is a contractual construct,1 courts and arbitral tribunals are often asked to interpret the relevant arbitration agreement to identify the parties’ intent regarding various procedural issues.2 In this, class, mass, and collective arbitration are no different from any other type of arbitral procedure. However, one interpretive issue that requires special consideration involves the question of whether and to what extent a particular arbitration agreement can support class, mass, or collective proceedings.3 Three possible scenarios exist. 4.2...