An arbitrator has some rights or powers and also some duties. The Nepalese Arbitration Act, 2055, Section 21 has made some provision in this regard, they are as follows:
(a) Rights or powers of Arbitrator:
An arbitrator is a person who is appointed for the settlement of disputes between the parties. After getting appointment, he enjoys and exercises some rights and powers along with the obligation of performing duties. So rights or powers of the arbitrator means those rights and powers which the arbitrator is entitled to exercise in the course of settling disputes submitted before him. In general, the arbitrator has the following rights and powers:-
- To administer oath to the parties and witness appointing before him.
- To administer interrogatories a necessary.
- To take counsels from experts or the Appeal Court, in case the majority of arbitrators can not take decision.
- To ask the concerned parties to appear before him and submit documents and give particulars according to need.
- To appoint an expert on any specific issue to examine and get his opinion on it.
- To take a guarantee of property or bank guarantee in case one of the parties is foreign national.
- To order for specific performance of the contract under some special circumstances.
- To enjoy and follow the powers given by the law.
- To inspect the disputed place, product, production process, structure and other things.
- To exercise the special power given by the concerned parties, if any.
- To issue certified copies of document and award.