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Number of Arbitrators - Article 13 - Chamber of Arbitration of Milan Rules: A Commentary

Author(s): 
Laura Salvaneschi
Page Count: 
10 pages
Media Description: 
PDF from "Chamber of Arbitration of Milan Rules: A Commentary"
Published: 
April, 2012
Jurisdictions: 
Italy,
International
Practice Areas: 
Arbitrators and Arbitral Tribunals,
Tribunal of Three Arbitrators,
Tribunal of Two Arbitrators,
Sole Arbitrator,
Designation of Arbitrators,
Composition of Arbitral Tribunal,
CAM,
Responsibility of Parties
Author Detail: 

LAURA SALVANESCHI is Professor of Civil Procedure Law at the Bicocca University of Milan, where she now also teaches Arbitration Law. She has authored a number of scientific papers on different areas of civil procedure, in particular arbitration law. Noteworthy case studies are “The interest in challenging judicial decisions” and “multi-party arbitration”, as well as many several essays and notes on the reform of arbitration law published in collected works. She is a partner in the BEP Bonelli Erede Pappalardo office, where she practises litigation and arbitration in relation to cases involving contracts, corporate law, banking and finance law, bankruptcy, insolvency and family law.

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Description: 

Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 13 – NUMBER OF ARBITRATORS

1. The Parties may determine the number of arbitrators.

2. Where the Parties have not agreed upon the number of the arbitrators, the Arbitral Tribunal shall consist of a sole arbitrator, unless the Arbitral Council considers a panel of three arbitrators to be appropriate because of the complexity or the economic value of the dispute.

3. If the agreement to arbitrate provides for an even number of arbitrators, the Arbitral Council shall appoint an additional arbitrator, unless otherwise agreed by the parties.

1. Introduction

The constitution of the Arbitral Tribunal is an essential step in the commencement of an arbitration.1 And “a critical initial question in any discussion of the constitution of the Arbitral Tribunal is the number of arbitrators that comprise the tribunal.”2 Article 13, paragraph one, of the Rules of the Chamber of Arbitration of Milan ( “the Rules”) recognises the general principle of the autonomy of the parties in selecting the number of arbitrators, whilst paragraphs two and three provide for fall-back rules regarding the number of arbitrators, applicable in the absence of agreement between the parties.

Table of Contents: 

1. Introduction 
2. The limitations to the autonomy of the parties 
3. The fall-back rules provided under Article 13 
4. The role of the Arbitral Council in the constitution of the Arbitral Tribunal 
5. The solutions adopted by some arbitration rules