13. January 2014

Arbitration Newsletter: Composition of the Arbitral Tribunal: Can an Arbitral Institution deviate from the Agreement to Arbitrate?

In ordinary arbitration proceedings at CAS the president of such ordinary devision appointed a sole arbitrator only in a case where the underlying agrement to arbitrate provided for an arbitral tribunal by three members. The Federal Supreme Court held that the CAS had no authority to deviate from the agreement to arbitrate, nevertheless, the CAS decision was not annulled since the objection against this decision on the composition of the CAS tribunal was filed much too late.  (read more)