BCDR International Arbitration Review
December 2020 – Volume 7 Issue 2
Page 285

The Parties' Right to Nominate Arbitrators and the Institution's Discretion in Deciding Whether to Confirm

Alexis Mourre


The legal significance of the requirement of a confirmation by the arbitral institution of the party's nomination of an arbitrator has not so far been thoroughly explored. What is the nature of these institutional confirmations? Is there any such thing as a party appointment in ICC arbitration? What is the level of discretion enjoyed by the institution in deciding whether to confirm? Can a party mount a challenge on grounds that were unsuccessfully raised in objections to confirmation? Should institutional decisions on confirmations be reasoned? The author examines these questions based on his experience as past president of the ICC International Court of Arbitration (the Court).