Number of Arbitrators and Decisions ofArbitral Tribunals

摘要

The UAR provisions on the number of arbitrators and their decision-making are still today a solid basis that belongs to the anthology of modern arbitration practice. They remain useful as they are, and therefore we see no urgent need to change articles 5 or 31. Alternative models do exist, e.g. with respect to resolving problems with even-numbered arbitral tribunals; default rules on the number of arbitrators that would be appointed if parties cannot agree; or methods of making decisions when no majority can be formed. But these models also have their disadvantages and no one can seriously argue that they are manifestly and undoubtedly superior to the UAR provisions. If parties consider them better, they may either opt for the alternative rules, or, using their party autonomy granted under article l(1) UAR, make specific arrangements, departing from the text of the UAR.