Originally from the Leading Arbitrators' Guide to International Arbitration - Fourth Edition

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I. INTRODUCTION 

Party autonomy is a cornerstone of international arbitration. The parties to a contract are free to agree to arbitrate their disputes.  In that event, they can agree that any eventual dispute should be heard by a sole arbitrator appointed by agreement between them or by a designated third party. Alternatively, they may agree the tribunal should consist of three arbitrators, such that each party is entitled to nominate one arbitrator, leaving the presiding arbitrator to be appointed “either by agreement of the parties, or by the two party-appointed arbitrators, or by an institution.” 

It remains the case that parties attach considerable importance to their ability to appoint arbitrators. The 2021 Queen Mary University of London-White & Case International Arbitration Survey, noting that the findings of the 2018 Survey were still pertinent, recorded that: “the larger proportion of candidates are nominated by the parties and their counsel.”  The arbitration rules of the major arbitral institutions reflect that reality in that they afford the parties an opportunity to nominate co-arbitrators for appointment, albeit that they reserve the right to confirm all eventual appointments.