Key Concepts

1. Definition of Arbitral Tribunal
   • A panel of one or more arbitrators is appointed to resolve disputes submitted under an arbitration agreement.
2. Composition
   • Single Arbitrator: A sole arbitrator presides over the case.
   • Panel of Arbitrators: Typically three arbitrators, with each party appointing one and the two selected arbitrators appointing the third.
3. Appointment of Arbitrators
   • By Agreement: Parties mutually agree on the arbitrators.
   • By Institutions: Appointments made under the rules of an arbitration institution (e.g., ICC, LCIA).
   • By Courts: Courts appoint arbitrators when parties cannot agree or as per the arbitration clause.
4. Independence and Impartiality
   • Arbitrators must remain neutral and free from conflicts of interest to ensure a fair process.
5. Jurisdiction
   • The tribunal derives its authority from the arbitration agreement and can decide on its own jurisdiction (principle of kompetenz-kompetenz).
6. Powers and Duties
   • Conduct hearings and evaluate evidence.
   • Ensure procedural fairness and adherence to agreed rules.
   • Render a binding decision (arbitral award) based on facts and applicable law.
7. Decision-Making
   • Majority Rule: In a panel, decisions are typically made by majority vote.
   • Unanimous Decisions: In some cases, the tribunal may require unanimity.
8. Procedural Rules
   • Governed by the arbitration rules chosen by the parties (e.g., UNCITRAL Rules, ICC Rules).
   • This may include timelines, evidence submission, and conduct of hearings.
9. Confidentiality
   • Proceedings are generally confidential, protecting sensitive information.
10. Arbitral Award
    • The final decision rendered by the tribunal, which is binding and enforceable.
11. Challenges and Removal
    • Arbitrators can be challenged for bias, misconduct, or incapacity, subject to institutional or court review.
12. Role in International Arbitration
    • In cross-border disputes, the tribunal ensures adherence to international conventions (e.g., New York Convention).
13. Advantages of Arbitral Tribunal
    • Expertise: Arbitrators are often subject-matter experts.
    • Efficiency: Proceedings are faster compared to courts.
    • Flexibility: Tailored procedures suited to the parties’ needs.
14. Limitations
    • High costs in complex arbitrations.
    • Limited grounds for appeal of arbitral awards.

Key Terms

1. Arbitral Tribunal: A panel of one or more arbitrators responsible for resolving disputes under arbitration.
2. Arbitrator: A neutral individual appointed to resolve disputes within the arbitration framework.
3. Single Arbitrator: A sole arbitrator presiding over the case.
4. Panel of Arbitrators: A group, typically three arbitrators, forming the tribunal.
5. Independence: The requirement for arbitrators to be free of conflicts of interest.
6. Impartiality: The obligation of arbitrators to remain neutral and unbiased.
7. Jurisdiction: The authority of the tribunal to decide on matters under the arbitration agreement.
8. Kompetenz-Kompetenz: A principle allowing the tribunal to determine its own jurisdiction.
9. Procedural Rules: The rules governing the arbitration process, such as those from ICC or UNCITRAL.
10. Majority Decision: A ruling agreed upon by most arbitrators in a panel.
11. Arbitral Award: The final decision issued by the tribunal, binding on the parties.
12. Confidentiality: The principle ensuring that arbitration proceedings and decisions remain private.
13. Challenge to Arbitrator: A procedure for disputing the appointment of an arbitrator due to bias or misconduct.
14. Institutional Arbitration: Arbitration is conducted under the auspices of an organization like the ICC or LCIA.
15. Ad Hoc Arbitration: Arbitration conducted without the involvement of an institutional framework.

Review Questions

Conceptual Understanding

1. What is an arbitral tribunal, and how does it differ from a court of law?
2. Describe the roles and responsibilities of arbitrators in an arbitral tribunal.

Appointment and Composition

1. What are the methods for appointing arbitrators to a tribunal?
2. How does the composition of a single arbitrator tribunal differ from a panel tribunal?

Jurisdiction and Rules

1. Explain the principle of kompetenz-kompetenz in the context of arbitral tribunals.
2. How do procedural rules influence the functioning of an arbitral tribunal?

Decision-Making and Outcomes

1. What is an arbitral award, and why is it significant in arbitration proceedings?
2. What decision-making methods are used in arbitral tribunals, and how are majority decisions made?

Challenges and Impartiality

1. How can parties challenge the appointment of an arbitrator?
2. Why are independence and impartiality critical in the arbitration process?

Practical and Legal Perspectives

1. What are the advantages of having a panel of arbitrators instead of a single arbitrator?
2. Discuss the enforceability of arbitral awards under international frameworks like the New York Convention.