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A Guide to the ICDR International Arbitration Rules, 2nd Edition by Gusy, Martin F; Hosking, James M (21st February 2019)

Part I Commentary on the ICDR International Rules, 11 Article 11—Number of Arbitrators

Martin F Gusy, James M Hosking

From: A Guide to the ICDR International Arbitration Rules (2nd Edition)

Martin F. Gusy, James M. Hosking

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 18 November 2019

Subject(s):
Arbitrators

This chapter assesses Article 11 of the ICDR Rules. One of the first questions that parties in arbitration must consider when constituting a tribunal is the number of arbitrators that will resolve their dispute. In most cases, this will be addressed either by an explicit agreement between the parties or, failing that, by the parties’ adoption of institutional rules that cover this issue. Where the parties do not select the number of arbitrators by agreement and also do not select a set of governing institutional rules, they will face default provisions of national arbitration laws. Article 11 provides a straightforward default rule that respects party autonomy but, absent party agreement, vests the determination of the number of arbitrators in the Administrator. In that respect, the presumption is that for reasons of procedural efficiency there will be a sole arbitrator unless the ‘size, complexity or other circumstances’ dictate that three arbitrators is appropriate.

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