Accepts
appointments as arbitrator in a wide range of commercial disputes.
«I accept
appointments as arbitrator in both domestic and international commercial, construction, franchise, marine and reinsurance arbitration, at reasonable hourly rates, and with good availability.»
On accepting
his appointment as arbitrator in 2013, Gerstenmaier had signed a declaration of independence, as required by the ICC.
Not exact matches
It has already led to a number of
arbitrators refusing to accept
appointments in Dubai seated arbitrations,
as well
as resignations of those already appointed
in such cases.
If
arbitrators fail to meet these expectations, they will receive less and less
appointments and be phased out
as influential
arbitrators The reappointment process can therefore work
as a means for the system to accommodate and process changes
in its environment, including the mounting criticism of the current functioning of investor - State arbitration.
We regularly appear before the Courts when interim measures are sought, such
as the
appointment of
arbitrators, the challenge of
arbitrators, or the stay of proceedings
in favour of arbitration, and on the enforcement of arbitration awards
in Ontario and Canada.
Nigel regularly deals with applications under the Arbitration Act 1996, such
as applications to stay legal proceedings, for the
appointment / removal of
arbitrators, for the exercise of judicial powers
in support of arbitral proceedings, and for the correction of awards,
as well
as appeals from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.
In October 2012, the CRCICA signed a cooperation agreement with the SCC, which included both institutions promoting the use of arbitration, organising conferences and seminars, as well as jointly cooperating in the appointment of mediators and arbitrator
In October 2012, the CRCICA signed a cooperation agreement with the SCC, which included both institutions promoting the use of arbitration, organising conferences and seminars,
as well
as jointly cooperating
in the appointment of mediators and arbitrator
in the
appointment of mediators and
arbitrators.
The new provisions
in the 2016 Rules that allow for consolidation of related arbitrations and joinder of additional parties,
as well
as the
appointment of an emergency
arbitrator, would increase efficiency and flexibility of KCAB proceedings.
As Arbitrator, he sat in over 80 major international cases, including appointments as President and Co-Arbitrator in numerous ICSID, NAFTA and ad hoc investor - State disputes and institutional and ad hoc commercial arbitration cases worldwide (including ICC; LCIA; Stockholm Chamber of Commerce; Netherlands Arbitration Institute; International Arbitral Centre of the Austrian Federal Economic Chamber; ARIAS; CCIG (Swiss Rules); UNCITRAL
As Arbitrator, he sat
in over 80 major international cases, including
appointments as President and Co-Arbitrator in numerous ICSID, NAFTA and ad hoc investor - State disputes and institutional and ad hoc commercial arbitration cases worldwide (including ICC; LCIA; Stockholm Chamber of Commerce; Netherlands Arbitration Institute; International Arbitral Centre of the Austrian Federal Economic Chamber; ARIAS; CCIG (Swiss Rules); UNCITRAL
as President and Co-
Arbitrator in numerous ICSID, NAFTA and ad hoc investor - State disputes and institutional and ad hoc commercial arbitration cases worldwide (including ICC; LCIA; Stockholm Chamber of Commerce; Netherlands Arbitration Institute; International Arbitral Centre of the Austrian Federal Economic Chamber; ARIAS; CCIG (Swiss Rules); UNCITRAL).
If within 30 days after the
appointment of the second
arbitrator, or such other period
as may be set by the Secretariat, the two
arbitrators have not agreed on the choice of the presiding
arbitrator, the presiding
arbitrator shall be appointed by the appointing authority
in the same way
as a sole
arbitrator would be appointed under article 8, paragraph 2.
In the event of any failure to constitute the arbitral tribunal under these Rules, the appointing authority shall, at the request of any party, constitute the arbitral tribunal and, in doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrato
In the event of any failure to constitute the arbitral tribunal under these Rules, the appointing authority shall, at the request of any party, constitute the arbitral tribunal and,
in doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrato
in doing so, may revoke any
appointment already made and appoint or reappoint each of the
arbitrators and designate one of them
as the presiding
arbitrator.
In making the appointment, the appointing authority shall use the following list - procedure, unless the parties agree that the list - procedure should not be used or unless the appointing authority determines in its discretion that the use of the list - procedure is not appropriate for the case: (a) The appointing authority shall communicate to each of the parties an identical list containing at least three names; (b) Within 15 days after the receipt of this list, or such other period as may be set by the Secretariat, each party may return the list to the appointing authority, without copying the other party, after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitrato
In making the
appointment, the appointing authority shall use the following list - procedure, unless the parties agree that the list - procedure should not be used or unless the appointing authority determines
in its discretion that the use of the list - procedure is not appropriate for the case: (a) The appointing authority shall communicate to each of the parties an identical list containing at least three names; (b) Within 15 days after the receipt of this list, or such other period as may be set by the Secretariat, each party may return the list to the appointing authority, without copying the other party, after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitrato
in its discretion that the use of the list - procedure is not appropriate for the case: (a) The appointing authority shall communicate to each of the parties an identical list containing at least three names; (b) Within 15 days after the receipt of this list, or such other period
as may be set by the Secretariat, each party may return the list to the appointing authority, without copying the other party, after having deleted the name or names to which it objects and numbered the remaining names on the list
in the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitrato
in the order of its preference; (c) After the expiration of the above period of time the appointing authority shall appoint the sole
arbitrator from among the names approved on the lists returned to it and
in accordance with the order of preference indicated by the parties; (d) If for any reason the appointment can not be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitrato
in accordance with the order of preference indicated by the parties; (d) If for any reason the
appointment can not be made according to this procedure, the appointing authority may exercise its discretion
in appointing the sole arbitrato
in appointing the sole
arbitrator.
For example: (a) subject to confirmation of
appointment by the BVI IAC, parties are free to nominate an individual for
appointment as arbitrator, whether or not that person is included
in the BVI IAC's panel of
arbitrators (article 7 (4)-RRB-; (b) the Secretariat has the power to change time periods under these Rules (e.g. articles 4 (1), 8 (2)(b), 9 (3) and 41 (4)-RRB-; (c) arbitrations can be brought to the BVI IAC under contracts and other legal instruments (e.g., article 23 (1)-RRB-; (ix) provide that the responsibility for fixing fees and expenses of the arbitral tribunal, the costs of expert advice and of other assistance required by the arbitral tribunal and the administrative expenses of the BVI IAC lies with the Secretariat (article 42).
When a person is approached
in connection with his or her possible
appointment as an
arbitrator, he or she shall disclose any circumstances likely to give rise to justifiable doubts
as to his or her impartiality or independence.
The absence of the risk of paying large amounts towards the winning party's legal costs incentivised the strategic use of (unmeritorious) court proceedings by recalcitrant parties
in international arbitrations — such
as applications for
arbitrator appointment and set aside.
The
arbitrator will conduct
as soon
as practicable, and absent extraordinary circumstances, within 20 days of
appointment, an initial CMC either telephonically, or
in person, for the planning and scheduling of the arbitral proceedings.
(5) The party which appointed the first
arbitrator may give the party
in default of
appointment written notice that, if the second
arbitrator is not appointed within 14 days of receiving the notice, the first
arbitrator shall be the sole
arbitrator whose Award shall be binding on both parties
as if originally appointed sole
arbitrator by agreement of the parties.
Just
as the early
appointment of the
arbitrator leads to efficiency benefits, the early designation of the trial judge,
in my view, will lead to a less costly and quicker process.
The publication of information about sitting
arbitrators should also act
as an incentive to encourage greater diversity
in appointments.
The section on conduct and procedure of an arbitration where the seat is
in Nigeria includes matters such
as: the
appointment and challenge of
arbitrators; jurisdiction of the arbitral tribunal; interim measures; procedure and evidence; default powers of the tribunal; and multiparty proceedings.