Article 12—Number of Arbitrators

Abstract This chapter assesses Article 12 of the ICDR Rules. One of the first questions that parties in arbitration must consider when constituting a tribunal is the number of arbitrators that will resolve their dispute. In most cases, this will be addressed either by an explicit agreement between the parties or, failing that, by the parties’ adoption of institutional rules that cover this issue. Where the parties do not select the number of arbitrators by agreement and also do not select a set of governing institutional rules, they will face default provisions of national arbitration laws. Article 12 provides a straightforward default rule that respects party autonomy but, absent party agreement, vests the determination of the number of arbitrators in the Administrator. In that respect, the presumption is that for reasons of procedural efficiency there will be a sole arbitrator unless the ‘size, complexity or other circumstances’ dictate that three arbitrators is appropriate.