One of the most important aspects of the arbitral process is how a tribunal's decision is made. Article 33 of the UNCITRAL Rules sets forth the basic rules as to the degree of consensus required for its decisions. Article 33(1) establishes the general principle that “any award or other decision” is subject to the rule of majority voting. Article 33(2) provides that the presiding arbitrator may decide procedural matters alone where a majority opinion cannot be formed or where authorized by the other arbitrators to act on the entire tribunal's behalf. Procedural...
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