ABSTRACT

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The Setting Up of the Arbitral Tribunal in Multi-Party Arbitration

Author: Olivier CAPRASSE

Type: Article

ref: 22006197-215

N0:2 of 2006

Pages: 197-215

There is multi-party arbitration when a dispute involves more than two parties. The setting up of arbitral tribunals in multi-party arbitrations is a difficult issue. Indeed, a lot of intertwined questions are at issue when there are more than two parties: does each party enjoy a personal right to appoint his own arbitrator?; may a party validly renounce the appointment of his own arbitrator?; can co-defendants be forced to jointly appoint their arbitrator?; must the composition of the arbitral tribunal be changed if a party joins the arbitration after the setting up of the tribunal?; may an arbitrator be appointed in two connected procedures to try to prevent the risk of inconsistencies between the awards to be rendered?; etc. The present paper tries to deal with these important questions.