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An arbitral tribunal (or arbitration tribunal) is a panel of one or more adjudicators which is convened and sits to resolve a dispute by way of arbitration. The tribunal may consist of a sole arbitrator, or there may be two or more arbitrators, which might include either a chairman or an umpire. The parties to a dispute are usually free to agree the number and composition of the arbitral tribunal. In some legal systems, an arbitration clause which provides for two arbitrators (or any other even number) is understood to imply that the appointed arbitrators will select an additional arbitrator as a chairman of the tribunal, to avoid deadlock arising. Different legal systems differ as to how many arbitrators should constitute the tribunal if there is no agreement.〔Under the UNCITRAL Model Law on International Commercial Arbitration (adopted by various countries around the world), the default number is three (Article 10(2)). However, some countries have provided that the default number is one (see for example, section 15(2) of the Arbitration Act 1996 of the United Kingdom).〕 Arbitral tribunals are usually constituted (appointed) in two types of proceedings: * ''ad hoc'' arbitration proceedings are those in which the arbitrators are appointed by the parties without a supervising institution, relying instead on the procedural law and courts of the place of arbitration to resolve any differences over the appointment, replacement, or authority of any or all of the arbitrators; and * institutional arbitration proceedings are those in which the arbitrators are appointed under the supervision of professional bodies providing arbitration services, such as the American Arbitration Association (which conducts international proceedings through its New York-based division, the ICDR), the LCIA in London or the ICC in Paris. Although these institutions (and many others) are headquartered in their respective cities, they are capable of supervising the appointment of arbitral tribunals in nearly any country, avoiding the need for the parties to involve local courts and procedures in the event of disagreement over the appointment, replacement, or authority of any or all of the arbitrators. Permanent tribunals tend to have their own rules and procedures, and tend to be much more formal. They also tend to be more expensive, and, for procedural reasons, slower.〔For example, all arbitral awards issued by the ICC have to be reviewed internally before being handed down, which helps certainty and improves the quality of awards, but leads to delay and expense.〕 ==Appointment== The parties are generally free to determine their own procedure for appointing the arbitrator or arbitrators, including the procedure for the selection of an umpire or chairman.〔See for example, Article 11(2) of the UNCITRAL Model Law on International Commercial Arbitration and section 16(1) of the Arbitration Act 1996 of the United Kingdom.〕 If the parties decline to specify the mode for selecting the arbitrators, then the relevant legal system will usually provide a default selection process. Characteristically, appointments will usually be made on the following basis: * If the tribunal is to consist of a sole arbitrator, the parties shall jointly appoint the arbitrator not later than (for example) 28 days after service of a request in writing by either party to do so. * If the tribunal is to consist of three arbitrators: :# each party shall appoint one arbitrator not later than (for example) 14 days after service of a request in writing by either party to do so, and :# the two so appointed shall forthwith appoint a third arbitrator as the chairman of the tribunal. * If the tribunal is to consist of two arbitrators and an umpire- :# each party shall appoint one arbitrator not later than (for example) 14 days after service of a request in writing by either party to do so, and :# the two so appointed may appoint an umpire at any time after they themselves are appointed and shall do so before any substantive hearing or forthwith if they cannot agree on a matter relating to the arbitration. Most arbitration clauses will provide a nominated person or body to select a sole arbitrator if the parties are unable to agree (for example, the President of the relevant jurisdiction's Bar Association, or a recognised professional arbitration organisation such as the LCIA, or a relevant professional organisation). In default of such a provision, where the parties are unable to agree, an application for an appointment is usually made to the court.〔See for example, Article 11(3) of the UNCITRAL Model Law on International Commercial Arbitration and section 18 of the Arbitration Act 1996 of the United Kingdom.〕 A well drafted arbitration clause will also normally make provision for where a party to the dispute seeks to cause delay by refusing to make or agree an appointment. Often this will allow the "non-defaulting" party to appoint a sole arbitrator and for the arbitration to proceed on that basis.〔Often reinforced by the law, see for example, section 17 of the Arbitration Act 1996 of the United Kingdom〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「arbitral tribunal」の詳細全文を読む スポンサード リンク
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