Inherent and Implied Powers of International Arbitral Tribunals: Characteristics and Limits

The ILA’s International Commercial Arbitration Committee report on inherent and implied powers opened new debate on their nature and classification. This work responds to the need of further analysis, and the necessity to provide guidance for their correct application. It develops a model that describes the relationship between inherent, implied and explicit powers, outlining their limits, extent and development. It furthermore concludes that powers of arbitrators change depending on their source, whether based on the applicable law or the parties’ consent. The use of interpretative criteria plays a major role too, and enables the arbitrators to decide on matters based on situations that parties had not foreseen.