1. International Business Law Sciences Po Paris Spring 2017
The arbitral tribunal
Giuditta Cordero-Moss, Ph.D., Dr.Juris
Professor, Oslo University

2. Ad hoc arbitration Parties agree on arbitration
They specify that the arbitration shall be ad hoc, or
They do not say anything

3. Legal framework Arbitration agreement (Arbitration rules)
Arbitration law
Conventions
Soft law

4. Arbitration rules
UNCITRAL Arbitration Rules, if the parties have chosen them
Any rules that the parties may have agreed on
Any rules that the tribunal may determine appropriate

5. Arbitration law, conventions, soft law
Fully applicable to ad hoc arbitration

6. Distinguishing feature
Need for appointing authority
UNCITRAL Rules (art. 6): designated by the parties or by the Secretary – General of the PCA
UNCITRAL Model Law (art.11): court e.g.Norwegian Arbitration Act §§6, 13: court that would have had jurisdiction or court of first instance in Oslo
Fragile if no applicable rules were designated

7. Institutional arbitration
Parties agree on arbitration under the rules of a specific arbitral institution
ICC
LCIA
SCC
Swiss Rules …

8. Legal framework Arbitration agreement Arbitration rules
Arbitration law
Conventions
Soft law

9. Arbitration rules
By choosing the institution, its rules automatically become applicable
The parties may also agree to have the proceeding administered by an institution under the UNCITRAL Rules

10. Arbitration law, conventions, soft law
Fully applicable to institutional arbitration

11. Distinguishing feature
Institution acts as appointing authority
Institution acts as a secretariat in respect of costs
Depending on the rules, it may be complex and time consuming (terms of reference, court of arbitration)

12. Seat of arbitration
Proceedings in the territory are subject to that country’s arbitration law, e.g. UNCITRAL Model Law art 1(2)
Arbitration law is procedural, not substantive

13. Seat v. hearings Hearings do not have to be held at the seat
Model Law art 20(2), vogl §22
UNCITRAL Arbitration rules art 18(2)
ICC Arbitration rules art 18(2)
SCC Arbitration rules art 20(2)

14. Arbitration law Recognition of arbitration agreements Arbitrability
Role of courts
Constitution of the arbitral tribunal
Seat
Powers of the arbitral tribunal
Procedural rules
Costs
Mandatory principles on due process
Validity of arbitral awards
Enforcement of arbitral awards

15. Composition of the arbitral tribunal
Arbitration agreement
Arbitration rules
Arbitration law

16. Number of arbitrators
Three arbitrators
Sole arbitrator

17. Arbitration rules If parties have not agreed, UNCITRAL Rules
Three arbitrators unless
Appointing authority deems sole appropriate,
One party requests, and
The other party does not object
SCC
Arbitration Institute deems sole appropriate
ICC
Sole arbitrator unless
Court of arbitration deems three appropriate

18. Arbitration law
If parties have not agreed and there are no arbitration rules,
UNCITRAL Model Law art. 10(2), vogl § 12:
Three arbitrators
English Arbitration Act sec. 15(3):
Sole arbitrator

19. Appointmenet of arbitral tribunal
Arbitration agreement
Arbitration rules
Arbitration law

20. Arbitration rules If parties have not agreed, UNCITRAL Rules art.8, 9:
Sole: Parties’ agreement
Three: Each party appoints one, two arbitrators appoint chairman
Failure: Appointing authority with list method
Failure: Appointing authority
SCC art 13
Three: Each party appoints one, Arbitration Institute appoints chairman
Failure: Arbitration Institute
ICC
Sole: Parties nominate
Three: Each party nominates one, Court of Arbitration appoints chairman
Failure: Court of Arbitration

21. Arbitration law
If parties have not agreed and there are no arbitration rules,
UNCITRAL Model Law art 11, vogl § 13
Sole: Parties’ agreement
Three: Each party appoints one, two arbitrators appoint chairman
Failure: Court
English Arbitration Act sec 16-18
Failure: Appointed arbitrator to be treated as sole, or Court

22. Requirements Independence and impartiality Availability Qualifications
Challenge