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from Part VI - The Arbitral Tribunal
Published online by Cambridge University Press: 18 February 2023
The selection of the arbitral tribunal is likely the most critical step in the arbitral process.Arbitrators adjudicate substantive and procedural issues, and the quality of the arbitrators will be outcome determinative of the parties’ dispute and, ultimately, the enforceability of the arbitral award.This chapter provides guidance on best practices regarding the appointment of arbitrators in international commercial and investor-State arbitration.It discusses the parameters of the parties’ flexibility and autonomy in choosing the configuration of their tribunal and the identity of their arbitrators, as well as the various factors that parties should consider in vetting potential arbitrator candidates.This chapter also addresses strategic considerations, procedures, and practical concerns of arbitrator challenges, including the potential implications of successful challenges.
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