Tzeng: Appointing Authorities: Self-Appointment, Party Appointment, and Non-Appointment

Peter Tzeng (Foley Hoag LLP) has posted Appointing Authorities: Self-Appointment, Party Appointment, and Non-Appointment. Here's the abstract:

Appointing authorities wield tremendous power in international arbitration. This Chapter examines three phenomena concerning appointing authorities that have occurred in recent arbitrations: self-appointment (where the appointing authority appoints him or herself to the tribunal); party appointment (where one or both parties appoint the appointing authority to the tribunal); and non-appointment (where the appointing authority refuses to appoint an arbitrator). The Chapter concludes that, in light of the significant powers granted to appointing authorities, greater attention should be directed towards regulating their conduct.