This article examines the First Procedural Order (PO 1) in arbitral proceedings through the lens of national jurisprudence. In recent years a growing body of national case law has emerged that delineates the limits of party autonomy, the minimum standards for party participation in issuing a PO 1, and the enforceability of jurisdictional determinations and other procedural aspects contained within it. This article surveys and contextualizes these judicial decisions within the broader practice of arbitral tribunals under various international arbitration rules. The article concludes that decisions taken in the PO 1 may affect the interpretation of the arbitration agreement, the scope of the arbitrators’ Kompetenz-Kompetenz (and thus the competence of national courts to review arbitrability), the powers of the arbitrators during the proceedings, and the enforceability of the final award. In essence, the PO 1 sets the ‘tone’ of the arbitration.
Björn Arp (Wed,) studied this question.