The role of the appointing authority has expanded under the 2010 United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. In addition to its traditional powers under the 1976 version of the Rules, the appointing authority may now be requested, under certain circumstances, inter alia, to constitute the arbitral tribunal (and in doing so, revoke any appointment already made and appoint or reappoint each of the arbitrators); determine whether a party may be deprived of its right to appoint a substitute arbitrator and authorize a truncated tribunal to proceed and issue an award; and revise-with binding effect-a tribunal's decision on its fees. This article examines each of the new roles assigned to the appointing authority under the 2010 Rules, and includes comment on the motivation for the additions as expressed during the revision process. It also sets forth factors that appointing authorities will need to take into account when requested to act under one of the new roles.
Journal of International Arbitration