Originally From:
Chamber of Arbitration of Milan Rules: A Commentary - Hardcover
Chamber of Arbitration of Milan Rules: A Commentary - Electronic
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.
SUMMARY:
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
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.
