7 Arbitral Tribunal: (Articles 24 to 34)

Subject(s):

Appointment of arbitrator — Challenge to appointment of arbitrator — Replacement of arbitrator — Arbitral tribunal

This chapter highlights the arbitral tribunal. The right of parties to select arbitrators for arbitrating their disputes is probably the most important aspect of party autonomy in international arbitration. The chapter discusses: the duties of an arbitral tribunal (Article 24); the number of arbitrators (Article 25); the nomination and appointment of arbitrator (Articles 26 to 31); challenge to the arbitrator (Article 32); and the replacement of arbitrator (Article 33) in CIETAC arbitrations. Article 24 clarifies that arbitrators, particularly party-nominated arbitrators, shall not represent either party, shall handle the case independently, and treat both parties equally. In order to understand this provision it is necessary to look into the relevant statutory provisions in the PRC Arbitration Law and the CIETAC’s specific regulations on the ethical issues of arbitrators. The chapter concludes by discussing the ability of the majority of the arbitral tribunal to continue with the arbitration after the conclusion of the last hearing (Article 34).