ABSTRACT
The case studies posed under section 4 of the Introduction detail the various methods by which arbitrators in international commercial arbitral references are appointed as provided for in various arbitration laws and rules. This chapter analyses the formation of the arbitrator’s contract under (1) ad hoc and (2) institutional references, through an examination of these various arbitrator appointment methods. It then examines (3) the categorization of the arbitrator’s contract and (4) formation of other collateral contracts in the arbitral reference. The arbitrator concludes the arbitrator’s contract when he accepts appointment either from the disputing parties or arbitration institution.1 Mauro Rubino-Sammartano in agreement with this proposition concludes that the arbitrator’s contract is a contract, ‘consisting on the one hand of the appointment of the arbitrator and on the other hand of the latter’s acceptance’.2 An analysis of the formation of the arbitrator’s contract discloses the existence of two collateral contracts involving the arbitration institution.3
