Appointing the tribunal under the arbitration rules of major arbitral institutions and those of UNCITRAL
Produced in partnership with Clifford Chance
Appointing the tribunal under the arbitration rules of major arbitral institutions and those of UNCITRAL

The following Arbitration practice note produced in partnership with Clifford Chance provides comprehensive and up to date legal information covering:

  • Appointing the tribunal under the arbitration rules of major arbitral institutions and those of UNCITRAL

Arbitration rules typically contain provisions concerning the nomination and/or appointment of the arbitral tribunal, in the absence of agreement between the parties. Further provisions typically govern multi-party arbitrations where multiple claimants or respondents are unable to agree a tribunal selection process. For more information, see Practice Notes: Multi-party and multi-contract arbitration—an introduction and Tribunal appointment—multiple parties. In addition, some arbitration rules provide for emergency arbitration and the appointment of emergency arbitrators. For further information on this topic, see Practice Note: Emergency arbitration and the appointment of emergency arbitrators under institutional arbitration rules.

The table below sets out the appointment and/or nomination provisions under leading arbitral rules. For detailed consideration of the provisions on nominating and/or appointing the tribunal pursuant to specific sets of arbitration rules, see the Practice Notes listed in the ‘Related documents’.

Arbitral institution/organisationGoverning bodyEffective date (ie in force date for relevant arbitration rules)Position in absence of agreementMulti-party provisions
International Chamber of Commerce (ICC)International Court of Arbitration of the ICC (the ICC Court)1 January 2021 (ICC Arbitration Rules)In the absence of agreement, the ICC Court will appoint a sole arbitrator unless it deems that the dispute warrants a three-member arbitral tribunal (ICC, art 12(2)). Where a three-member tribunal is selected, each party may nominate one arbitrator to the tribunal. If a party

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