Choosing your arbitral tribunal

Produced in partnership with Vinson & Elkins LLP
Practice notes

Choosing your arbitral tribunal

Produced in partnership with Vinson & Elkins LLP

Practice notes
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STOP 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?

Appointing the right arbitral tribunal is key to the success of the arbitration in both administrative and legal terms. Those involved in the Appointment/nomination of the tribunal should take this stage of proceedings seriously to ensure that the correct people are appointed. In-house counsel are likely to play a role in this process—see Practice Note: The role of in-house counsel in international arbitration.

The relevance of the arbitration agreement

The first step is to check what provisions the arbitration agreement makes (if any) for the appointment of the tribunal:

  1. what does your Arbitration agreement require? Are there specific requirements as to the qualifications, skill set, language, level of experience or nationality of your arbitrators?

  2. does the choice of seat or legal place of the arbitration impact on this (eg requirement to be a lawyer, or a national of

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Jurisdiction(s):
United Kingdom
Key definition:
Appointment definition
What does Appointment mean?

The agreement entered into between a consultant and employer specifying the services to be performed by the consultant and the legal rights and obligations of both parties. A consultant may be appointed by deed, contracts under hand or by letter. A consultant’s appointment may be based on an industry standard form of appointment or be a bespoke document.

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