Challenge to arbitrators, Arbitral Tribunal

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April 26, 2021 at 8:02 am #618872
lokeshdh00
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Hello Mr. Vijay, I wish you are well. I have studied the chapter about the International Court of Arbitration / Alternative Dispute Resolution From BPP.

But there is a point where I am Confused.

Please clear the terms – Arbitral Tribunal for me.

Is it group of 3 Arbitrators/ No. Of arbitrators who are will hear the case.

Or

Is the the Body Like ICA ( international court of arbitration) who appoints the arbitrators and make the model laws etc.

————
I read That ICA decides on challenge to arbitrators.
While in BPP references were made to Arbitral Tribunal that it decides on Challenge to Arbitrators.
It was also written if Parties doesn’t specify laws accounting to which decision should be made, Tribunal will make decision according to the law as they seem fit.
It’s very confusing to to decide on here what Arbitral Tribunal means is it the group. Of arbitrators or The whole Organisation like ICA

Thank you very much
May 3, 2021 at 5:26 am #619491
lokeshdh00
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Also, It would be really great if you take a look at the Tutor’s Form once a day.
May 4, 2021 at 10:56 am #619635
Vijay
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Hi Lokeshdh

So the Arbitral Tribunal is NOT like the ICA.

The Arbitral Tribunal is usually consisting of 3 independent arbitrators who work together to resolve disputes. So if for example there is a contract dispute between Company A and Company B, then the Arbitral Tribunal consisting usually of 3 Arbitrators will hear the facts of the case as if in a regular court.

There will be a claimant that needs to present their case to the Tribunal and the Defendant will have to respond with their defence.

Sometimes the Tribunal will have oral hearings and sometimes it will deal with the dispute by way of documents without the need for a hearing. SO to clarify the Arbitral Tribunal is a group of Arbitrators and not the whole ICA.

Challenge- it is possible for a person to challenge the appointment of an arbitrator on the basis that the arbitrator lacks independence or qualification. So if Company A wants to challenge the appointment of 1 of the Arbitrators then they will need to send their challenge in writing to the Arbitral Tribunal within 15 days of becoming aware of the grounds for any challenge (i.e. within 15 days of discovering the lack of independence of qualification).

I hope this clarifies.

Best wishes

Vijay
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