Author: Rahim Moloo*
Published: June 2021
Arbitrators and Arbitral Tribunals
Designation of Arbitrators
Most arbitration tribunals are comprised of three arbitrators—two that are appointed by the parties to the dispute, and a third that serves as the tribunal President. Choosing a President is one of the most important decisions made in a case as the President is frequently the ‘swing vote’ on substantive issues (if the tribunal cannot reach a consensus) and is often tasked with making procedural decisions. Yet most institutional arbitration rules provide unsatisfactory appointment procedures. This article proposes a method for the selection of a tribunal President that seeks to improve upon existing methods.
*Rahim Moloo is a Partner at Gibson, Dunn & Crutcher LLP and an adjunct faculty at Columbia Law School.