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Third, Cap. 609 is protecting the arbitration process.It guarantees the independence of arbitral proceedings, that is, the arbitration proceedings are independent of the judicial control of the court in a considerable degree. In Section 12 Article 5 of Cap. 609, “... no court shall intervene except where so provided in this Law.”Judicial supervision of the court on the arbitration proceedings should be limited, as long as the arbitral tribunal does not violate the minimum procedural fairness, the court should not over-interfere. In Section 16 of Cap. 609, “...proceedings under this Ordinance in the court are to be heard otherwise than in open court”, “The court may order those proceedings to be heard in open court: (a)on the application of any party; or(b)if, in any particular case, the court is satisfied that those proceedings ought to be heard in open court.”In addition, the independence of the arbitration procedure is also manifested as the arbitral tribunal's independent decides on matters of arbitration, without the intervention of arbitration institutions. The arbitration institution serves only as a manager and a servant. And it should disappear when the case is referred to the arbitral tribunal. The significance of safeguarding the independence of the arbitral proceeding lies in making the arbitral proceedings a truly self-sufficient proceeding, a mechanism of dispute resolution that is distinct from litigation and of special value.
Arbitration is different from litigation which is a notable feature because arbitration is a one-shot finality, making the arbitration process timely and efficiently. Once the final award has been passed through the arbitration proceedings, it is bound with the parties and it can not be arbitrarily overturned. Even if there is a special cause of the award, the parties must restart another procedure to correct the result. Confidentiality of arbitral proceedings is generally considered as one of the important advantages of arbitration. In Section 18, paragraph (1) of Cap. 609, “[U]nless otherwise agreed by the parties, no party may publish, disclose or communicate any information relating to(a)the arbitral proceedings under the arbitration agreement; or(b)an award made in those arbitral proceedings.”Arbitral proceedings are private, non-public proceedings. It allows the dispute to be solved in private, the parties do not have to worry about their own goodwill damaged by the controversy, which is more conducive to a compromise between the two sides, and this does not affect future cooperation.
3. Summary
Arbitration needs to meet a series of procedural requirements. Obviously, this is not the same as the standard of process of legal proceedings in general, and some are even contradictory in some respects, such as the confidentiality of arbitration proceedings and the openness of general legal proceedings. Subject to value of nature justice, on the one hand, arbitration should avoid the absolute standardization of due process of arbitration and facilitates arbitral tribunal discretion. On the other hand, it also emphasizes the requirement of due process in arbitration,this is mandatory neither the parties nor the arbitral tribunal may impose any penalty. If an arbitrator violates the relevant requirements, he can be replaced, which will have a significant impact on their career prospects. For the arbitration tribunal and its favorable party, the violation of due process in arbitral awards may be excused by the court on its own merits or on the application of the other party, or it will face no implementation dilemma. In a word, arbitration law is a procedural law, all qualified arbitrators must be the master of the procedures in arbitration. Natural justice is a core value of arbitration, which has embodied in the legal provisions of Cap. 609.
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