ABSTRACT

The contracting parties to the arbitrator’s contract are the disputing parties and the arbitrator under ad hoc references while the arbitrator concludes his contract with the arbitration institution under institutional references. This chapter analyses: (1) the nature and role of the disputing parties; (2) the arbitrator and (3) the arbitration institution. It is these persons and entities that make promises under the arbitrator’s contract and the contract between the disputing parties and the institution, perform obligations and enforce rights arising from the terms of these contracts. This chapter also examines the question of whether the arbitrator’s contract is concluded with each arbitrator or the arbitral tribunal regardless of the number of arbitrators (4).