EVEN-NUMBERED ARBITRAL TRIBUNALS

Abstract

Even-numbered arbitral tribunals are rare. Many national laws and institutional rules discourage or prohibit them. The fear of deadlock between the arbitrators seems to be the main, and sometimes the only, underlying objection. Using a comparative method, this article outlines the various nuances in the approach adopted across a multitude of jurisdictions and attempts to explain the extent to which this fear is justified. Three key points stand out: first, the legal uncertainty in relation to even-numbered tribunals may actually be more problematic than that of a deadlock; second, recourse to even-numbered tribunals could work well under certain specific conditions; and third, the widespread prohibition or reluctance towards allowing even-numbered tribunals, combined with their rarity in practice, is indicative of the problems associated with today’s physiognomy of international arbitration.