Tribunal appointments—multiple parties
Produced in partnership with Clifford Chance
Tribunal appointments—multiple parties

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

  • Tribunal appointments—multiple parties
  • Tribunal appointments—potential difficulties with multiple parties
  • Arbitration agreements, appointments and multiple parties
  • The position under the Arbitration Act 1996
  • Common arbitrators in multi-contract or related arbitration proceedings
  • Relevant provisions in institutional arbitration rules and the UNCITRAL Arbitration Rules

This Practice Note considers the appointment of the arbitral tribunal where there are multiple parties to the arbitration.

For an introduction to multi-party and multi-contract arbitration generally, see Practice Note: Multi-party and multi-contract arbitration—an introduction.

Tribunal appointments—potential difficulties with multiple parties

Generally speaking, in a two-party arbitration the claimant and respondent each appoint (or nominate for appointment) an arbitrator and the chair (or presiding arbitrator) is then appointed who is party neutral. However, difficulties can arise in cases where there are multiple claimants or respondents who are unable to agree on a joint arbitrator to appoint (or nominate).

Arbitration agreements, appointments and multiple parties

Practitioners dealing with disputes with multiple claimants and/or multiple respondents must ensure that they comply with any provisions either in the relevant arbitration rules, the arbitration agreement or the law of the seat of arbitration. A failure to do so could render an award invalid.

In situations where a future dispute may involve multiple parties practitioners drafting arbitration agreements should ensure that this issue is clearly dealt with, either by:

  1. adopting arbitration rules which specifically deal with this issue, or

  2. drafting a bespoke agreement which clearly sets out that the multiple claimants and/or multiple respondents will be bound under the agreement to appoint a joint arbitrator and that in the event that no agreement can be reached the tribunal shall be appointed by a nominating body

The

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