Faris Nasrallah, Gordon Blanke
Abstract This chapter discusses the formation and challenge of the Tribunal. In doing so, it sets out the conventional nomination and appointment process under the Rules, as well as the so-called alternative appointment process. It also deals in some detail with the number of arbitrators, whether a single- or three-member Tribunal, and the question of nationality, exploring the extent to which an arbitrator may or may not share the nationality of a party. As regards the selection of suitable arbitrators more specifically, this chapter investigates the impartiality and independence requirements that apply to arbitrators under the Rules, as well as their availability in time. Finally, this chapter provides guidance on how and on what grounds a DIAC arbitrator may be challenged, followed by a discussion of the revocation of a DIAC arbitrator’s mandate and his or her replacement under the Rules.