Part I Commentary on the ICDR International Rules, 12 Article 12—Appointment of Arbitrators
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Appointment of arbitrator
This chapter addresses Article 12 of the ICDR Rules, which sets out the default procedures for selecting the arbitrator(s). It is a hallmark of arbitration that the parties can agree on the process of selection and, in many cases, choose the specific arbitrators best suited to resolving the dispute. This differs from national courts systems, within which existing judges—permanently installed—hear randomly assigned cases. In arbitration, the parties compose the tribunal according to their agreement, the particular arbitration rules chosen, and the applicable law. The parties’ agreement on the procedure to constitute the tribunal is often contained in the arbitration agreement. If not contained therein, the ICDR Rules stipulate important procedural safeguards and substantive mechanisms for the appointment of their arbitrators in the event that the parties cannot agree on the process.