Choosing Your Decision-Maker: A Proposed Method for Selecting the President Of an Arbitration Tribunal – Vol. 31, No. 3

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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.

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*Rahim Moloo is a Partner at Gibson, Dunn & Crutcher LLP and an adjunct faculty at Columbia Law School.