Chapter 6 focuses on issues of the tribunal’s appointment, qualifications, and duties - all of which bear on the integrity of the process and on the efficiency and effectiveness of the dispute’s resolution. Selecting arbitrators is a critical task that lawyers undertake to ensure a fair and efficient resolution of disputes. Considering factors such as the number of arbitrators, qualifications, availability, reputation, and selection method are essential for achieving the desired outcome in arbitration. If the parties have not agreed on a selection method, institutional rules or the arbitration institution itself will govern the process. Parties should be aware of whether they have freedom to choose arbitrators, or are limited to a list provided by the institution or if the institution will make the selection. The chapter focuses on the arbitrators’ duties and particularly their obligation to be impartial and independent and to avoid conflicts of interest. Finally, the chapter deals with when and how parties can challenge arbitrators, when they can replace arbitrators, and what immunities arbitrators have.

This chapter discusses – as a matter of comparative law, custom, arbitration rules, soft law and generally adopted practices – the roles and powers attributed to the chairperson and to the party-appointed arbitrators in tribunals composed of three members. The author first examines the evolution in the applicable standards of independence and impartiality with regard to presiding and party-appointed arbitrators; he then considers the express and implied powers bestowed upon, respectively, presiding and party-appointed arbitrators in the course of the proceedings, starting with the tribunal constitution process, addressing also the limits of permitted delegation of powers within tribunals, as well as the distinguishing characteristics of the function of the umpire in the legal systems that provide for it. In the last part of the chapter, the author focuses on the controversy as to the desirability of party-appointments in the contemporary law and practice of international arbitration.