The right to select arbitrators is one of the most valued procedural rights enjoyed by the parties. In recent years, an increasing number of arbitral institutions in China, when updating their arbitration rules, have focused on returning the right to select arbitrators to the parties as much as possible, allowing them to participate in the formation of the arbitral tribunal to the greatest extent, thereby enhancing the transparency of arbitration procedures. From the perspective of judicial review, issues related to arbitrator, tribunal composition, challenge, or replacement are frequently raised by the losing party as grounds for setting aside or non-enforcement of an arbitral award. Judicial review cases reveal recurring procedural deficiencies. For example, an arbitrator continuing to hear a case despite being removed from the updated arbitrator panel prior to tribunal formation, prompting claims of procedural illegality by a party. Such cases also highlight the Chinese courts’ key scrutiny points and attitudes during judicial review, which warrant close attention.

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Arbitral Tribunal & Arbitrators

  • Yifei Lin

摘要

The right to select arbitrators is one of the most valued procedural rights enjoyed by the parties. In recent years, an increasing number of arbitral institutions in China, when updating their arbitration rules, have focused on returning the right to select arbitrators to the parties as much as possible, allowing them to participate in the formation of the arbitral tribunal to the greatest extent, thereby enhancing the transparency of arbitration procedures. From the perspective of judicial review, issues related to arbitrator, tribunal composition, challenge, or replacement are frequently raised by the losing party as grounds for setting aside or non-enforcement of an arbitral award. Judicial review cases reveal recurring procedural deficiencies. For example, an arbitrator continuing to hear a case despite being removed from the updated arbitrator panel prior to tribunal formation, prompting claims of procedural illegality by a party. Such cases also highlight the Chinese courts’ key scrutiny points and attitudes during judicial review, which warrant close attention.