Published online by Cambridge University Press: 18 February 2020
Article 29 regulates decision-making within the tribunal. The general rule of majority decision-making is contrasted against the exception of ‘questions of procedure’, which may be decided by the president if so authorised. Among the list of issues that were included in the report drafted by the Secretary-General ‘setting forth the contents, purposes and possible contents of a model law’, one particular question (5–3) focused on ‘the decision-making process in arbitration proceedings with more than one arbitrator’. It was asked whether the Model Law should, for example, ‘require that an award be made by a majority of the arbitrators, provided that all arbitrators had an opportunity to take part in the deliberations leading to that award?’ The initial recommendation of the report was that, given ‘the legal status of an award in terms of its recognition and enforceability, a mandatory rule may seem preferable’.