Prompt Pack Procedural Order Draft

Procedural Order Draft

When to use this

Use this skill when:

• An arbitral tribunal or the parties to an arbitration need a comprehensive Procedural Order No. 1 setting out the entire procedural framework for the case.
• A party representative (claimant's or respondent's counsel) wants to circulate a draft order to the tribunal for adoption or adaptation.
• A subsequent procedural order is needed (e.g., Procedural Order No. 2 on document production, Procedural Order No. 3 on expert evidence).
• Counsel needs to propose specific procedural rules at the first case-management conference (CMC).

This skill is procedural, not substantive — it concerns how the arbitration runs, not the merits. For the underlying substantive pleadings, use [[prompt-pack-statement-of-claim]] or [[prompt-pack-statement-of-defense-arbitration]].

Required inputs

Optional inputs

• Agreed or proposed timetable dates — counsel often exchange a draft Gantt chart; incorporate if provided.
• Document production method preference — Redfern schedule vs. IBA Rules on Evidence model; UNCITRAL Model vs. civil-law documentary approach.
• Language of proceedings — especially important in MENA where Arabic-language proceedings are sometimes required.
• Seat-specific mandatory rules — e.g., under UAE Federal Law No. 6 of 2018, certain rights cannot be waived by procedural order.
• Confidentiality concerns — whether to include a strict confidentiality provision or adopt the institution's default.

Document structure

1. Preamble — case reference, names of parties, institution, applicable rules, date of constitution of the tribunal, date and form of CMC.
2. Procedural timetable — table or numbered list of milestones:
   • Statement of Claim / Memorial deadline
   • Statement of Defense / Counter-Memorial deadline
   • Reply Memorial (if permitted)
   • Rejoinder (if permitted)
   • Document production round(s)
   • Witness statement exchange
   • Expert report exchange
   • Pre-hearing conference
   • Final hearing dates
3. Document production — whether IBA Rules on Evidence apply; Redfern schedule process; relevance and materiality standards; form of production (native, PDF); privilege rules (which law governs privilege — lex arbitri vs. law of the document).
4. Witness evidence
   • Written witness statements in lieu of direct examination (standard in international arbitration)
   • Witness statement deadline, format, language
   • Right to call witnesses; notification procedure
   • Treatment of witness conferencing ("hot-tubbing") if adopted
5. Expert evidence
   • Party-appointed vs. tribunal-appointed experts
   • Expert report format and deadline
   • Joint memorandum of experts (identifying agreed/disagreed issues)
   • Tribunal-appointed expert: procedure, terms of reference
6. Hearing logistics
   • Dates, venue or virtual platform
   • Sequence of presentations
   • Time allocation (chess-clock or equal-time model)
   • Interpretation requirements (Arabic/English/French)
   • Transcription and real-time transcript services
7. Confidentiality
   • Scope: pleadings, awards, and evidence all confidential
   • Exceptions: enforcement proceedings, disclosure required by law, professional regulatory obligations
   • Specific restrictions on disclosure to related entities
8. Communications with the tribunal
   • All communications through the institution's case management system or designated channel
   • Ex parte communications prohibition
   • Emergency/urgent applications procedure
9. Miscellaneous
   • Costs reserved
   • Modification of procedural order
   • Applicable law on substance (noted for reference, not decided here)
10. Signatures — tribunal member(s) and date; parties' acknowledgment if the order is agreed.

Jurisdictional notes

UAE — onshore (Federal Law No. 6 of 2018 on Arbitration)

• Modeled on the UNCITRAL Model Law; arbitration-friendly.
• Seat in Dubai or Abu Dhabi (onshore): parties may agree to exclude or modify many procedural provisions except those touching public policy.
• DIAC Rules (2022) provide detailed CMC procedures; Procedural Order No. 1 is expected within 30 days of constitution.
• Arabic-language requirement for enforcement proceedings in UAE courts means it is prudent to produce Arabic translations of the final award; not necessarily for interim procedural orders.

DIFC Arbitration Centre (DIAC International)

• DIFC Arbitration Law (DIFC Law No. 1 of 2008, as amended) applies when the seat is DIFC.
• Procedural orders cannot be enforced against third parties in DIFC courts without a separate court order.
• Tribunal has broad discretion on procedure; parties commonly adopt IBA Rules on Evidence.

ADGM Arbitration Centre

• ADGM Arbitration Regulations 2015 (UNCITRAL Model Law-based).
• Common-law procedural culture: witness cross-examination expected; witness statements standard.

KSA — Saudi Center for Commercial Arbitration (SCCA)

• Saudi Arbitration Law (Royal Decree M/34 of 2012) and SCCA Rules 2023.
• Arabic is the default language of proceedings unless parties agree otherwise.
• Procedural orders must comply with Islamic law (Sharia) principles — e.g., interest (riba) provisions cannot be included in substantive orders but procedural orders are generally unaffected.
• Tribunal powers to order document production are somewhat narrower than in common-law seats.

Egypt — Cairo Regional Centre for International Commercial Arbitration (CRCICA)

• Egyptian Arbitration Law No. 27 of 1994 (UNCITRAL Model Law-based).
• CRCICA Rules 2011 (as amended).
• Courts have occasionally intervened in procedural matters; ensure order language is precise to avoid grounds for challenge.

Lebanon — Lebanese Arbitration Centre / Ad hoc

• Lebanon's Code of Civil Procedure (Arts. 762–814) governs domestic arbitration; New York Convention applies to international.
• Political instability has affected institutional capacity; ad hoc arbitration with Paris seat is common for Lebanese parties.

France (Paris) — ICC / ICDR

• OHADA reference for West African parties often uses Paris seat.
• French lex arbitri (Code of Civil Procedure Arts. 1442–1527) is highly arbitration-friendly; courts intervene minimally.

Drafting standards

• Use numbered paragraphs throughout for ease of reference and amendment.
• Express all deadlines as specific calendar dates (not "within X days of Y") to avoid disputes about counting.
• Distinguish between "shall" (mandatory) and "may" (discretionary) consistently.
• Attach a procedural timetable as an annex in table form — easier to revise at subsequent CMCs.
• Avoid prejudging substantive legal issues (applicable law, validity of clause, jurisdiction) in the procedural order; include a carve-out: "Nothing in this Order prejudges any issue of jurisdiction, merits, or liability."
• Include a version/amendment history at the bottom so superseded orders are traceable.

Common mistakes

• Importing US-style discovery rules into a civil-law or MENA seat proceeding. Document production in MENA arbitration is narrower than US discovery; do not replicate "all documents relating to" formulations.
• Omitting language of proceedings. In MENA, the language issue (Arabic vs. English vs. French) is often contested; fixing it in Procedural Order No. 1 avoids later disputes.
• Vague confidentiality clauses. "The proceedings are confidential" without specifying scope creates disputes; enumerate what is covered.
• Failing to address third-party funding disclosure. ICC, LCIA, and DIAC rules increasingly require disclosure of TPF; the procedural order should set a deadline.
• No mechanism for urgent applications. Without an emergency procedure, parties may rush to national courts; include a 48-hour notice provision for urgent relief requests to the tribunal.

Related skills

• [[prompt-pack-request-for-arbitration]]
• [[prompt-pack-statement-of-claim]]
• [[prompt-pack-statement-of-defense-arbitration]]
• [[prompt-pack-settlement-agreement]]
• [[heuristic-always-state-jurisdiction-first]]