| Commentary

19 Composition of the arbitral tribunal

| Commentary

3: THE ARBITRAL TRIBUNAL

19 Composition of the arbitral tribunal

The Arbitration Act 1996 provides that the parties are free to agree on the number of arbitrators and whether there is to be a chairman or umpire1.

The Act establishes a presumption that, where the parties have agreed to appoint an even number of arbitrators, that agreement shall be read as providing for the appointment of an additional arbitrator as chairman of the tribunal2. Accordingly, if parties wish to appoint a two-member tribunal, they should state expressly in their arbitration agreement that there will be a two-member tribunal without a chairman (or

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