In
this article, the author first restates the principal rules which formulate the
very requirement of deliberation between the arbitrators and govern the proper
conduct thereof ; he then considers the practice of such deliberation. The
author thus presents the various methods used to facilitate the elaboration of
the award, the fundamental role generally played by the chairman of the
arbitral tribunal, as well as the circumstances surrounding the deliberation
(place, time, duration...). The article also considers the problems which can
arise during the deliberation as well as the behaviour adopted by certain arbitrators.
In summary, the arbitral deliberation is not always an easy exercise, but the
experience acquired in this area can prove to be invaluable.