How can an arbitrator be appointed

The composition of the arbitral tribunal is perhaps the most fundamental point in international arbitration procedure. Arbitral Tribunal. Party Appointed Arbitrator. Disqualification of Arbitrator. The composition of ICSID tribunals is governed by two complementary principles: i the principle of freedom of choice by the parties; and ii the principle of non-frustration. Under the first principle, the parties are generally free to agree on the size, composition and method of appointment of the arbitral tribunal.

In ICSID proceedings, the principle of non-frustration is reflected in this context in Article 38 of the Convention , which addresses the situation in which the parties fail to appoint any arbitrator within ninety days of the registration of the request.

An ICSID tribunal is required to be constituted as soon as possible after the registration of a request for arbitration. In the event that the parties have failed to appoint any arbitrator s within ninety days of the registration of the request, the Chairman shall appoint the arbitrator s. In the present context, that power is subject to two qualifications. First, the parties may extend the ninety-day period by agreement. Second, the Chairman may only act upon the request of either party and must consult both parties as far as possible.

He or she is to use his or her best efforts to make the appointment within 30 days of the request of either party. In practice and perhaps inevitably , the actual time taken for the constitution of ICSID tribunals varies considerably. By one of the few mandatory provisions concerning the constitution and composition of ICSID tribunals, ICSID tribunals are required to consist of a sole arbitrator or any uneven number of arbitrators.

That agreement may exist prior to the institution of proceedings, most commonly in the instrument providing consent for example, in ICSID arbitration, a treaty or investment agreement. If the parties have agreed upon a tribunal of three arbitrators, one arbitrator will ordinarily be appointed by each party. The third and invariably 9 presiding arbitrator may be appointed by the parties — but also by the party-nominated arbitrators or by an appointing authority or neutral official be it as the primary method or otherwise in default of agreement.

Where there is no prior agreement, the parties may, for example, stipulate their agreement on appointment in an ad hoc agreement following the registration of the request.

The majority of the arbitrators on an ICSID tribunal are required to be nationals of States other than the Contracting State party to the dispute and the Contracting State whose national is a party to the dispute — unless the sole arbitrator or each and every individual member of the tribunal has been appointed by the agreement of the parties.

In this context, the agreement of the parties refers to the actual appointment of individual arbitrators, identified by name rather than a general agreement on the composition of the tribunal and method of its appointment.

Where the tribunal is to consist of three arbitrators and unless otherwise agreed by the parties , a national or co-national of one of the parties to the dispute may only be appointed by a party if the other party so agrees whether or not the party making the first appointment has appointed a national of a third State, or whether or not there was a general prior or ad hoc agreement on the composition of the tribunal and method of appointment.

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Latest Interim relief: restraining a performance bond demand Stay of proceedings: settlement contracts Enforcement of arbitration awards: stay for curial challenge Reinsurance: conflict of laws Stay of proceedings: existence of arbitration agreement. Appointment of a replacement arbitrator: effect of earlier arbitration proceedings The decision of the Supreme Court in Hashwani v Jivraj [] UKSC 40 was one which caused the arbitral community to breathe a huge collective sigh of relief.

Appointment of the arbitral tribunal: appointment by the court Section 18 of the Arbitration Act allows the court to appoint the arbitral tribunal, or to give directions for such appointment, where the parties have themselves failed to do so. Jurisdiction: conflicting arbitration clauses.

Appointment of arbitrator: jurisdiction of the Court of Appeal. Validity of appointment of arbitrators. Appearance of bias. Appointment of a common arbitrator.

Appointment of arbitrators: The role of the court. Preview Page. This means, for example, that if, in the arbitration agreement, the parties agreed that the arbitrator would be a person meeting certain criteria such as holding a degree in law or in another field , the court would be bound by that agreement. Otherwise, it is bound only by general preconditions that must, in accordance with Section 4 of the ArbAct, be met by the arbitrator conditions of eligibility to become and to hold office as an arbitrator , and by the principle of the independence of the arbitrator see Section 8 of the ArbAct and the commentary on that provision.

In consumer disputes, only an arbitrator registered in the list of arbitrators for consumer disputes, maintained by the Ministry of Justice of the Czech Republic Section 4 4 and Sections 35a to 35d of the ArbAct may be appointed.

A court may, prior to the appointment of an arbitrator within the meaning of Section 9 of the ArbAct, also seek the opinion of such a person, particularly regarding the condition of independence and willingness to take on the position of arbitrator; indeed, this approach is recommendable. Skip to main content.