Abstract

International commercial arbitration is regarded as one of the most important alternative mechanisms for the peaceful settlement of international disputes, owing to its flexibility, efficiency, and expeditiousness in resolving disputes. The arbitrator’s powers constitute one of the key features distinguishing arbitral proceedings; however, their exercise is not unlimited, but must remain within the boundaries established by the parties’ will, as expressed in the arbitration agreement, and by the rules of substantive law governing this specific type of proceedings. This study aims to examine the scope of the arbitrator’s powers in international commercial arbitration through an analysis of certain provisions of Moroccan Law No. 95.17 on Arbitration and Contractual Mediation, in comparison with the provisions of the UNCITRAL Model Law. The study first examines the arbitrator’s power to rule on his or her own jurisdiction and the matters falling within the scope of such power, in light of the applicable conditions and rules. It also addresses the legal and contractual limitations imposed on the arbitrator’s powers, particularly with regard to compliance with the arbitration agreement, respect for the parties’ procedural rights and due process, and public policy. The study concludes that the effectiveness of arbitration can only be achieved by granting the arbitrator the powers necessary to ensure the proper conduct of the proceedings and the attainment of their objectives, while subjecting the exercise of such powers to rules and safeguards that ensure respect for the parties’ will and the legality of the arbitral award.