Document-Id: 968915, Please cite as: "https://www.trans-lex.org/968915"
Title
XIV.2.1 - Number of arbitrators
Content
No. XIV.2.1 - Number of arbitrators
(a) The number of arbitrators shall be one or three. The parties are free to determine the number of arbitrators.
(b) Failing such determination, the number of arbitrators shall be determined by the applicable arbitration law.
Commentary
1 The parties can always select the number of arbitrators. Typically, the number is one or three, which avoids a deadlock in the voting of the arbitral tribunal.
2 If the arbitration clause does not contain an agreement on the number of arbitrators, Art. 10 (2) UNCITRAL Model Law provides that the tribunal shall consist of three arbitrators. The same numerical preference is contained in Art. 5 UNCITRAL Arbitration Rules and Art. 6 (1) Swiss Rules. Art. 5.4 LCIA Arbitration Rules, however, follows s. 15 (3) 1996 English Arbitration Act and provides, for reasons of cost effectiveness, for the appointment of a sole arbitrator unless the parties have agreed otherwise. Section 8 (2) ICC Arbitration Rules provides that absent an agreement of the parties, the ICC Court of Arbitration shall appoint a sole arbitrator, save where it appears to the Court that the dispute is such as to warrant the appointment of three arbitrators. A similar rule is contained in Art. 5 ICDR International Arbitration Rules. This flexible rule makes sense in revealing that the number of arbitrators is not a matter of principle, but depends on the complexity of the dispute and other particularities of the case.
2 If the arbitration clause does not contain an agreement on the number of arbitrators, Art. 10 (2) UNCITRAL Model Law provides that the tribunal shall consist of three arbitrators. The same numerical preference is contained in Art. 5 UNCITRAL Arbitration Rules and Art. 6 (1) Swiss Rules. Art. 5.4 LCIA Arbitration Rules, however, follows s. 15 (3) 1996 English Arbitration Act and provides, for reasons of cost effectiveness, for the appointment of a sole arbitrator unless the parties have agreed otherwise. Section 8 (2) ICC Arbitration Rules provides that absent an agreement of the parties, the ICC Court of Arbitration shall appoint a sole arbitrator, save where it appears to the Court that the dispute is such as to warrant the appointment of three arbitrators. A similar rule is contained in Art. 5 ICDR International Arbitration Rules. This flexible rule makes sense in revealing that the number of arbitrators is not a matter of principle, but depends on the complexity of the dispute and other particularities of the case.
References
Miscellaneous Legislation
AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF PAKISTAN RELATING TO CEASE-FIRE AND THE RESTORATION OF THE STATUS QUO AS ON 1 JANUARY 1965 IN THE GUJARAT/WEST PAKISTAN BORDER AND DETERMINATION OF THE BORDER IN THAT AREA, 30 June 1965Arbitration Rules
Annex to the DIS Arbitration Rules 1998 - Supplementary Rules for Expedited Proceedings 2008Australian Centre for International Commercial Arbitration (ACICA) Arbitration RulesDIS Arbitration Rules 1998, downloadable at http://www.dis-arb.deSwiss Rules of International Arbitration 2006UNCITRAL Arbitration Rules 1976UNCITRAL Arbitration Rules 2010 (revised)National Legislation
Austrian Arbiration Law 2006English Arbitration Act 1996Scottish Arbitration Bill 2009Zivilprozessordnung - German Code of Civil ProcedureInternational Legislation
Convention on the Settlement of Investment Disputes between States and Nationals of other States (ICSID Convention)Organization for the Harmonization of Business Law in Africa (OHADA), Uniform act on arbitrationUNCITRAL Model Law on International Commercial ArbitrationMiscellaneous
Treaty of Amity Commerce and Navigation, between His Britannic Majesty; and The United States of America, by Their President, with the advice and consent of Their Senate. (The Jay Treaty), 1794Model Laws
UNCITRAL Model Law on International Commercial Arbitration with Amendments, 2006