The Court guarantees the independence and impartiality of the arbitrators
The independence and impartiality of the arbitrators is the keystone of Court arbitrations. In order to guarantee these aspects, Court arbitrations have a specific regime that is adapted to the best arbitration practices and which can be summarised in the following terms:
- Arbitrators must be and remain independent and impartial, having the qualifications agreed by the parties and the necessary availability to properly discharge their functions.
- On accepting their appointment, arbitrators must present a declaration of availability, independence and impartiality. This declaration must include any necessary disclosure.
- The Court has systems for the early detection of conflicts of interest in order to avoid the appointment or confirmation of arbitrators who are not independent and impartial.
- The Arbitrator Appointment Committee acts in accordance with objective, transparent and inclusive criteria that ensure arbitrators have the integrity, experience and appropriate technical and professional qualifications to resolve the issues subject to dispute.
- Provided that they satisfy the applicable requirements, the Committee cannot refuse to confirm any arbitrator for reasons other than their experience, suitability, skill and integrity to act as an arbitrator.
- Neither the President nor the members of the General Secretariat of the Court may participate as arbitrators or advisers to the parties in proceedings submitted to the Court.
- The other members of the Plenary Committee cannot be proposed or appointed as arbitrators by the Committee, but they can act as such in limited exceptional circumstances (i.e., when they are proposed by the parties).
The Court ensures respect for the freedom of the parties and for the transparent appointment of arbitrators
The appointment of Court arbitrators is governed by the principle of autonomy of will. The parties are free to agree on the number of arbitrators, the qualifications the arbitrators are required to have and the procedure for their appointment. The common will of the parties is the preferred criteria for the appointment of arbitrators.
In accordance with the foregoing, the Court will respect the parties’ preferences as regards the composition of the arbitral tribunal and the procedure of appointing arbitrators, provided that they satisfy the requirements of availability, independence and impartiality.
In the absence of agreement between the parties, the provisions of the Rules will govern the determination of the number of arbitrators and their appointment. These provisions can be summarised as follows:
- A sole arbitrator will generally be appointed unless the complexity or quantum of the case justify the appointment of three arbitrators.
- In the case of a sole arbitrator, the parties will be given a joint term of fifteen days to agree on the appointment. If this term comes to an end without an agreement, the Court will appoint the sole arbitrator.
- In the case of a tribunal composed of three arbitrators, the parties will be given a joint term of fifteen days for each of them to designate their corresponding arbitrator. The third arbitrator, who will act as president of the tribunal, will be designated by the other two arbitrators, who will be granted a term of fifteen days to make the appointment by mutual agreement. If this term comes to an end without an agreement, the Court will appoint the third arbitrator.
When it falls to the Court to appoint the arbitrators, it will act pursuant to the provisions in its rules for the appointment of arbitrators. The Arbitrator Appointment Committee is the Court body with the power to appoint arbitrators.
The rules for the appointment of arbitrators and additional information on the Arbitrator Appointment Committee can be accessed via the following links:
The Court’s Indicative List of Arbitrators informs users of professionals who satisfy the Court’s quality standards
The Court maintains an Indicative List of Arbitrators for the benefits of its users, which contains information on professionals who the Court considers are in principle suitable for acting as arbitrators.
The Indicative List of Arbitrators therefore has an exclusively informative purpose and does not prevent people who are not included on the list from acting as arbitrators.
Inclusion on the Indicative List of Arbitrators is subject to (i) compliance with the requirements established and published for this purpose by the Plenary Committee and (ii) keeping the arbitrator information required by the Court regularly updated.
The Indicative List of Arbitrators is updated annually and can be consulted at the following link: