The Role of Arbitral Tribunals in Determination and Proof of Dispute

International Commercial Arbitration is one of many possible procedures for the settlement of disputes in regards to economic transactions. It is based on the consent of parties، and its arbitrator is appointed by the parties. The arbitrator will be powered to settle the dispute، and give a binding decision that will be given execution by the courts. Therefore، it is necessary that we clarify two subjects: first، the dispute should be clear and specific in order that the arbitrator can settle it; and second، if the parties present real and convincing evidence to the arbitrator in order that he is able to discover facts. In this regard، we are faced with two questions: 1) If the claims and defences of parties are vague and indefinite، how the arbitrator will determine them? and 2) If the discovery of fact needs evidence that is in the possession of the party or a third party but they refuse to provide to it the arbitrator، how the arbitrator can take it? In addition، the principle of broad powers of the arbitrator in the international commercial arbitration has been accepted; however، it is unclear. According to the principles and rules of national and transnational civil procedures، this article seeks to explain the role of international arbitrator in solving the above problems. We will say that the arbitrator can determine the dispute to settle by relying on his broad powers، and that he can discover and take requested evidence to proof the dispute، but he may face with restrictions causing to limit his initiatives.