xr Trans-Lex.org Law Research Trans-Lex.org Law Research - Docid: 968915 -
Principle

No. XIII.2.1 - Number of arbitrators

(a) The number of arbitrators shall be one or three. The parties are free to determine the number of arbitrators.

(b) Failing such determination, the number of arbitrators shall be determined by the applicable arbitration law.

Commentary
1 The parties can always select the number of arbitrators. Typically, the number is one or three, which avoids a deadlock in the voting of the arbitral tribunal.

2 If the arbitration clause does not contain an agreement on the number of arbitrators, Art. 10 (2) UNCITRAL Model Law provides that the tribunal shall consist of three arbitrators. The same numerical preference is contained in Art. 5 UNCITRAL Arbitration Rules and Art. 6 (1) Swiss Rules. Art. 5.4 LCIA Arbitration Rules, however, follows Sec. 15 (3) 1996 English Arbitration Act and provides, for reasons of cost effectiveness, for the appointment of a sole arbitrator unless the parties have agreed otherwise. Sec. 8 (2) ICC Arbitration Rules provides that absent an agreement of the parties, the ICC Court of Arbitration shall appoint a sole arbitrator, save where it appears to the Court that the dispute is such as to warrant the appointment of three arbitrators. A similar rule is contained in Art. 5 ICDR International Arbitration Rules. This flexible rule makes sense in revealing that the number of arbitrators is not a matter of principle, but depends on the complexity of the dispute and other particularities of the case.

Please cite as: "Commentary to Trans-Lex Principle , http://www.trans-lex.org/968915"
References
Arbitration Rules
Annex to the DIS Arbitration Rules 1998 - Supplementary Rules for Expedited Proceedings 2008
Australian Centre for International Commercial Arbitration (ACICA) Arbitration Rules
DIS Arbitration Rules 1998, downloadable at http://www.dis-arb.de
Swiss Rules of International Arbitration 2006
UNCITRAL Arbitration Rules 1976
UNCITRAL Arbitration Rules 2010 (revised)
International Legislation
Convention on the Settlement of Investment Disputes between States and Nationals of other States (ICSID Convention)
UNCITRAL Model Law on International Commercial Arbitration
Miscellaneous
Treaty of Amity Commerce and Navigation, between His Britannic Majesty; and The United States of America, by Their President, with the advice and consent of Their Senate. (The Jay Treaty), 1794
Miscellaneous Legislation
AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE GOVERNMENT OF PAKISTAN RELATING TO CEASE-FIRE AND THE RESTORATION OF THE STATUS QUO AS ON 1 JANUARY 1965 IN THE GUJARAT/WEST PAKISTAN BORDER AND DETERMINATION OF THE BORDER IN THAT AREA, 30 June 1965
Model Laws
UNCITRAL Model Law on International Commercial Arbitration with Amendments, 2006
National Legislation
Austrian Arbiration Law 2006
English Arbitration Act 1996
Scottish Arbitration Bill 2009
Zivilprozessordnung - German Code of Civil Procedure
Contract Clauses
1. Arbitration Clause Ruling Number of Arbitrators
Employment Contract
Procedure
I agree that any arbitration will be administered by the American Arbitration Association (“AAA”) and that the neutral arbitrator will be selected in a manner consistent with its national rules for the resolution of employment disputes (...)
Sales & Purchase Contract
Arbitration
Each party shall nominate one arbitrator for confirmation by the competent authority under the applicable Rules (Appointing Authority). Both arbitrators shall agree on the third arbitrator within {X} days. Should the two arbitrators fail, within the above time limit, to reach agreement on the third arbitrator, the third arbitrator shall be appointed by the Appointing Authority. If there are two or more defendants, any nomination of an arbitrator by or on behalf of such defendants must be by joint agreement between them. If such defendants fail, within the time-limit fixed by the Appointing Authority, to agree on such joint nomination, the proceedings against each of them must be separated.
Dispute Resolution
(...) Within {X} days after the commencement of arbitration, each Party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within {X} days of their appointment. The American Arbitration Association shall appoint the third arbitrator if the arbitrators selected by the Parties are unable to agree upon the third arbitrator. If the Parties fail to select two arbitrators within the time limit specified, then three arbitrators shall be appointed by the American Arbitration Association as provided in its Commercial Arbitration Rules (...) - (International Contracting: Law and Practice - Larry A. DiMatteo - §2.05 A - S. 25).
Governing Law and Arbitration
(...) The arbitration proceeding shall be heard and determined by three arbitrators (...)
2002
Smaller Claims
If the Dispute involves a claim for monetary damages only and in an amount equal to or less than $1,000,000.00, exclusive of legal fees and costs of the arbitration, then the parties will jointly select one arbitrator. The arbitrator will be an independent neutral arbitrator who is an attorney or retired judge experienced and knowledgeable about the Internet industry and about the particular products or services at issue, who is impartial, is not an employee, attorney, agent, consultant or former employee, attorney, agent or consultant of either party or such party's current or former Affiliates and is willing and able to attend any hearing in San Francisco, California (a "Qualified Arbitrator"). If the parties do not agree on the identity of the arbitrator within five Business Days of the commencement of the arbitration, either party may apply to AAA for the appointment of a Qualified Arbitrator from the National Roster in accordance with R-11 of the Commercial Arbitration Rules. If required to act in accordance with this Section to appoint a single arbitrator in lieu of a party, AAA will provide a list of candidates within seven days of the application and will appoint an arbitrator within seven days of receipt of the parties' preference list (the "AAA Appointment Time Periods.").
2009
Larger Claims
(a) For all Disputes not covered by Section X, the Dispute will be determined by a panel of three arbitrators. The party initiating the arbitration (the "Claimant") will appoint a Qualified Arbitrator in its request for arbitration, demand for arbitration or notice of claim filed with AAA (the "Demand"). The party responding to the Demand (the "Respondent") will within 15 days appoint a Qualified Arbitrator and notify the AAA and Claimant in writing of the appointment. If within 30 days after receipt of the response by the Respondent, either party has not appointed an arbitrator then, at the request of either party, AAA will appoint a Qualified Arbitrator from its then-current Large, Complex Commercial Case Panel in accordance with the procedure set forth in R-11 of the Commercial Arbitration Rules and pursuant to the AAA Appointment Time Periods. (b) The first two arbitrators appointed in accordance with this provision will appoint a third arbitrator within 15 days after the Respondent has notified the Claimant of the appointment of the Respondent's arbitrator in writing, or in the event of failure by a party to appoint, within 15 days after AAA will have appointed an arbitrator in lieu of the failing party. When the third arbitrator has accepted the appointment, the two arbitrators making the appointment will promptly notify the parties in writing of the appointment. If the first two arbitrators fail to appoint the third arbitrator in the time set forth herein, at the request of either party, AAA will appoint the third Qualified Arbitrator from its then-current Large, Complex Commercial Case Panel in accordance with the procedures set forth in R-11 of the Commercial Arbitration Rules and pursuant to the AAA Appointment Time Periods. The third arbitrator appointed pursuant to this Section will act as the chair of the arbitration panel.
2009
Arbitration
(...) There shall be three arbitrators (the "Tribunal"), and the Parties agree that one arbitrator shall be nominated by each party for confirmation by the Court in accordance with the Rules. The third arbitrator, who shall act as the chairman of the tribunal, shall be nominated by agreement of the two party appointed arbitrators within fourteen days of the confirmation of the appointment of the second arbitrator, or in default of such agreement, appointed by the Court.
2012
Arbitration
(…) There shall be three arbitrators (the "Tribunal"), and the Parties agree that one arbitrator shall be nominated by each party for confirmation by the Court in accordance with the Rules. The third arbitrator, who shall act as the chairman of the tribunal, shall be nominated by agreement of the two party appointed arbitrators within fourteen days of the confirmation of the appointment of the second arbitrator, or in default of such agreement, appointed by the Court.
2012
Services Contract
Dispute Resolution
(...) The number of arbitrators shall be three, unless the parties to a particular dispute subsequently agree in writing that a sole arbitrator shall be appointed to resolve such particular dispute. The arbitrators shall be appointed exclusively in accordance with the ICC Rules and this Agreement. The two arbitrators nominate by the parties to the arbitration in accordance with the ICC Rules shall agree on a third neutral arbitrator, who shall serve as chairman of the arbitral tribunal. If the arbitrators fail to agree on a third arbitrator within 20 business days, the third arbitrator shall be appointed by the ICC (...)

Each Party shall nominate one arbitrator for confirmation by the competent authority under the applicable Rules (Appointing Authority). Both arbitrators shall agree on the third arbitrator within {X} days, Should the two arbitrators fail, within the above time-limit, to reach agreement on the third arbitrator, he shall be appointed by the Appointing Authority. If there are two or more defendants, any nomination of an arbitrator by or on behalf of such defendants must be by joint agreement between them. If such defendant fail, within the time-limit fixed by the Appointing Authority, to agree on such joint nomination, the proceedings against each of them must be separated.
2006
Arbitration Agreement
Arbitration Procedures
(...) The arbitrator shall be selected by the mutual agreement of the parties. If the parties cannot agree on a neutral arbitrator, Executive first, and then the Company, will alternately strike names from a list provided by the Arbitration Service until only one name remains (...)
2004
Merger Agreement
Resolution of Conflicts
(�) Arbitration will be conducted by one (1) arbitrator, mutually selected by Parent and the Securityholder Representative; provided, however, that if Parent and the Securityholder Representative fail to mutually select an arbitrator within fifteen (15) Business Days after the contested portion of the indemnification claim is submitted to arbitration, then the arbitrator shall be selected by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures then in effect (...)
2014
Joint Venture
Dispute Resolution
There shall be only one arbitrator (...)
2005
Lease Contract

The arbitrator shall within three months of his appointment or within such extended period as the Landlord may agree give to the Landlord and the Tenant written notice of the amount of the Market Rent as determined by him but if he does not or if for any reason it becomes apparent that he will not be able to complete his duties in accordance with his appointment the Landlord and the Tenant may agree upon or either of them may apply for the appointment of another arbitrator (which procedure may be repeated as often as necessary) pursuant to the provisions of this Clause.
2010
Trust Agreement
Resolution of Disputes
(...) The arbitration shall be before a three-arbitrator panel, with one arbitrator selected by the Buyer Parent, one arbitrator selected by the Majority Sellers, and the third arbitrator selected by the two arbitrators. At least one arbitrator will be an attorney (...) 
2007
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