AA 1996—appointing the tribunal
Produced in partnership with Vinson & Elkins LLP
Practice notesAA 1996—appointing the tribunal
Produced in partnership with Vinson & Elkins LLP
Practice notesSTOP PRESS: This Practice Note is currently Under Review in light of the new Arbitration Act 2025. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force?
This Practice Note considers the appointment of the arbitral tribunal under the Arbitration Act 1996 (AA 1996).
Under the AA 1996:
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the parties are free to decide the number and manner in which the tribunal will be appointed
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unless otherwise agreed by the parties, an agreement that the number of arbitrators shall be two or another even number will be understood as requiring the appointment of an additional arbitrator as chair
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absent any agreement as to the number of arbitrators, the dispute will be determined by a sole arbitrator
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any arbitrator appointed must be impartial and be physically and mentally capable of carrying out his duties
Of course, AA 1996 is only relevant to the constitution of the tribunal where the arbitration is seated in England or Wales, as underlined in GmbH
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