4 The Arbitral Tribunal

Subject(s):

Appointment of arbitrator — Arbitral tribunals — Challenge to appointment of arbitrator — Replacement of arbitrator — Arbitrators

This chapter examines the constitution of the arbitral tribunal, including the parties’ participation in that process, which is often seen as one of the advantages of arbitration over litigation. Even if the parties influence the composition of the tribunal, the office of the arbitrators is a judicial one, as their award will be considered the equivalent of a court judgment. Accordingly, the chapter discusses the fundamental requirements of independence and impartiality of arbitrators, as well as the rules governing their challenge and replacement. On this topic, the chapter considers in particular the relevance of the recently revised IBA Guidelines on Conflicts of Interest. The differences in the procedural regimes between ad hoc and institutional arbitrations are addressed throughout the analysis. The contractual dimension of the arbitrators’ relationship with the parties is addressed in the chapter’s last section, devoted to the so-called receptum arbitri.