Published online by Cambridge University Press: 18 February 2020
In the early drafting stages, it was noted that the ultimate aim of the Model Law was to establish uniform standards of arbitral procedure. It was further noted that some national laws allowed judicial control over the constitution of the arbitral tribunal and a number of States imposed nationality restrictions on the appointment of arbitrators. The parties’ expectations in the arbitration agreement in relation to the appointment procedure had previously often been unnecessarily and unduly frustrated by conflicting national law provisions. Against this background, a set of widely accepted standard rules to govern the composition of an arbitral tribunal was intrinsically necessary in order to facilitate the smooth operation of cross-border commercial arbitration.