The authority of a truncated arbitral tribunal: straight path or puzzle?

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Abstract

The situation of a truncated arbitral tribunal may be caused by various factors. It may arise when a threemember tribunal during the course of the arbitral proceedings and before the rendering of the award does not remain the same at some point, meaning that one of the members of the tribunal dies, resigns or fails to attend the proceedings or deliberations leaving the two other members at the helm. In such a situation the following questions arise: what is the authority of a truncated tribunal? Can it go ahead and render a valid award? The purpose of the article is to examine the issues in light of modern international arbitration law and practice as well as most recent relevant domestic case law on arbitration, and to recommend some pragmatic approaches for the safe course of action.
Original languageEnglish
Pages (from-to)22-24
Number of pages3
JournalAmicus Curiae
Issue number90
Publication statusPublished - 2012

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