4.01 In many ways, the formation of and challenge to the Arbitral Tribunal is the very essence of international arbitration and, in particular, the role of an arbitral institution. That the choice of a co-arbitrator by the parties is one of the fundamental features of arbitration can be shown by the turmoil created by the judgment of the French Cour de cassation in the famous Dutco case,1 following which institutional rules have had to provide for multi-party arbitration with special procedures that do not give different rights to different parties when it comes...
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