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21/07/16 Terminology related to Arbitration: ‘ARBITRATOR’ and ‘ARBITRAL TRIBUNAL’

e-legal lesson

Today and in the coming e-Legal Lessons, we’ll analyze some useful terminology related to ARBITRATION.

Private individual, in principle a natural person, to whom the parties submit a dispute which has already arisen or which may arise with a mandate to decide the dispute and who accepts this mandate. Unless the arbitration agreement provides otherwise, no restriction under French law limits the choice of the arbitrators by the parties except that they must be independent from the parties. Some national laws require that arbitrators be lawyers when they are deciding matters based on the law. Where more than one arbitrator (usually three arbitrators) together decide a dispute, they act together as an arbitral tribunal.

In contrast to a sole arbitrator, a collegial body generally consisting of three arbitrators. Usually each party nominates one arbitrator and the two arbitrators so nominated appoint the third, who acts as the chairman of the arbitral tribunal. In some instances, and in particular in multiparty arbitrations, it may be necessary or desirable to have all three arbitrators appointed directly by an arbitral institution or other appointing authority. It is possible to envisage an arbitral tribunal comprising more than three arbitrators, or two arbitrators only, subject to the mandatory provisions of some arbitration laws that prohibit an even number of arbitrators.

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