Compunerea instanţei arbitrale din perspectiva numărului de arbitri

Lect. univ. drd. Cristina FLORESCU

Abstract

Because arbitration is a private dispute resolution process lacking some of the safeguards of a national legal system, the quality of the tribunal has a significant impact on maintaining parties’ confidence in arbitration as a system that works efficiently.

Since arbitration is based on a contract the parties are in principle free to choose their arbitrator/s. One of the major advantages of the arbitration is that the parties can submit the settlement of their dispute to a tribunal of their choice and they do not have to rely upon an appointee of the state as in a national court, where they have no influence on who is dealing with their dispute. Parties can even decide whether the tribunal will be made of one or more arbitrators and how those arbitrators are appointed.

This article focus on the numbers of the arbitrators constituting the arbitral tribunal, as the various arbitral...