Appointment of Arbitral Tribunal
The selection of the Arbitral Tribunal is an important phase in the arbitration process. This usually occurs once a conflict emerges and all parties consent to proceed with arbitration.
1. Agreement of the Parties: Often, the parties involved have the freedom to choose their arbitrators. They can agree on a single arbitrator or a panel of arbitrators to form the Tribunal.
2. Number of Arbitrators: The arbitration agreement specifies the number of arbitrators that will constitute the tribunal. Parties may opt for a single arbitrator or a panel of three, although other configurations are possible.
3. Arbitration Rules: Arbitration institutions like the International Chamber of Commerce (ICC) or London Court of International Arbitration (LCIA) offer guidelines for selecting arbitrators when parties can’t agree on their own.
4. Court Intervention: In certain circumstancеs, consisting of which thе parties cannot agree on thе appointmеnt of arbitrators or there are challenges to thе arbitrators’ impartiality, courts might also intervene to appoint arbitrators.
5. Challenges to Arbitrators: Parties may have the right to challenge an arbitrator if there are concerns about impartiality or independence. Arbitration rules or laws governing the process usually outline the procedure for such challenges.Arbitrator?