Course: International Arbitration: Process and Procedure

The need to replace an arbitrator may also arise in the following circumstances: death, resignation or where the arbitrator refuses to perform his or her duties, or other circumstances prevent …

Article 12 of both the Model Law and the UNCITRAL Rules (read together) identify the following grounds to challenge an arbitral tribunal: where circumstances exist that give rise to justifiable …

The powers of an arbitral tribunal are derived from the arbitration agreement, curial law/lex arbitri, and arbitral rules. The Model Law (supplemented by the UNCITRAL Rules) sets out the jurisdiction …

Once an arbitrator(s) has been selected and appointed, it is for the parties to ensure that a fee is negotiated (hourly or daily fee and the level of the fee) …

Things to remember: Consider interviewing a prospective arbitrator at his or her office, not at those of the party. Have the interview conducted or led by an external lawyer not …

The choice of arbitrators is a vital one and is important, not just for the dispute in question, but for the reputation of arbitration itself. Upon selection for appointment, an …

Under article 11 of the UNICTRAL Model Law, the parties are free to agree on a procedure of appointing the arbitrator(s). However, if the parties fail to reach an agreement, …

When considering the arbitral tribunal, its composition and its powers, it is worth reminding ourselves that arbitration proceedings may only take place when: the parties have agreed to submit their …