Party Autonomy and Default Rules Regarding the Choice of Number of Arbitrators

Authors

Ilias Bantekas, Hamad bin Khalifa University (Qatar Foundation) College of Law

Abstract

This article is divided in two main parts. The first focuses on the party autonomy paradigm in international commercial arbitration. This includes an examination of rules and practices allowing the parties to choose both an even and odd number of arbitrators. The second part looks at the variety of default options, including the appropriate number of arbitrators in multi-party proceedings. Two smaller sections follow these. The first examines, albeit briefly, the position with respect to truncated tribunals. The second analyzes the appropriate number of arbitrators in the event that the parties choose one or more legal persons as arbitrators, particularly where there is a conflict with the lex arbitri or their chosen institutional rules.

Keywords

Arbitration, Dispute Resolution, Commerce, Commercial Arbitration, Commercial Law, International Commercial Arbitration, International Law

Disciplines

Commercial Law | Dispute Resolution and Arbitration | International Law | Law

Recommended Citation

Ilias Bantekas, Party Autonomy and Default Rules Regarding the Choice of Number of Arbitrators, 22 Cardozo J. Conflict Resol. 31 (2020).
Available at: https://larc.cardozo.yu.edu/cjcr/vol22/iss1/4