SCC: How is an arbitral tribunal in an investment arbitration constituted?  And how long does it take?  This question was analyzed by t...

Published on June 30, 2025
How is an arbitral tribunal in an investment arbitration constituted?  And how long does it take?  This question was analyzed by the Investment Arbitration Subcommittee of the International Bar Association. The SCC was one of several institutions contributing data in relation to the forming of arbitral tribunals in investment arbitrations.  Highlights from the SCC’s contribution:  ✔️ The SCC provided data on 33 investment arbitration tribunals constituted between 2013 and 2022. Timeframes:   ✔️ From initiation to tribunal constitution: on average 103 days.  ✔️ From the respondent’s arbitrator appointment to the presiding arbitrator appointment: approximately 55 days. Range of durations:   ✔️ Shortest timeframe from initiation to constitution: 36 days.  ✔️ Longest timeframe from initiation to constitution: 223 days. Default vs. Party-Agreed Methods:   ✔️ Under the default appointment method, the SCC Board can appoint arbitrators directly to maintain efficiency.  ✔️ When…