The role of the arbitrator and the parties in the composition of the arbitral tribunal

Abstract

The article analyzes the procedure for forming the composition of the arbitration court through the prism of categories of will and will of both the arbitrator himself and the parties to the arbitration proceedings. Cases where arbitrators are chosen directly by the parties are investigated, when the composition of the arbitral tribunal is formed by the competent body of institutional arbitration or a state court. It was revealed that the degree of consideration of the will of the participants in the arbitration proceedings varies depending on the order in which the appointment of the arbitrator takes place. It is stated that there is no legislative regulation of the obligation to express the will of the arbitrator to accept this function. The need to take into account the will of the arbitrator in his appointment by the court as part of the implementation of the assistance function is justified, possible options for obtaining the consent of the arbitrator before the state court makes a decision on his appointment are considered. Arbitration is a private procedure for resolving a dispute, the arbitrator acquires authority only from the parties to the arbitration and of his own free will. His appointment by a state court only reflects the necessary interaction between the court and arbitration.