Areas Addressed by the Model Law but Not by the FAA
The FAA is silent on certain key issues which are addressed in the Model Law. These areas include:
1 the availability of provisional measures from a court;
2 an arbitrator’s disclosure obligations;
3 the procedures for challenging an arbitrator’s impartiality;
4 the tribunal’s right to determine the venue and language of the arbitration and the governing law for the dispute (if the parties fail to do so);
5 the tribunal’s right to appoint experts;
6 the procedures to be followed if a party defaults; and
7 the form of the arbitration award.