The franchisee brought another application in Ontario court in 2011
for the appointment of an arbitrator, but the parties subsequently agreed on the appointment of Steven Goldman, a well - known franchise lawyer.
Where parties have not previously agreed on the method
for appointment of an arbitrator, The Arbitration Act of Manitoba provides that a party may make an application to court to have a judge appoint an arbitrator after a dispute arises.
Stena — v - Westport: Chris was instructed by the Claimants in relation to this claim arising out of a joint venture agreement in which Chris» clients had to make an opposed application to the Commercial Court
for the appointment of an arbitrator in circumstances where the Respondents had wrongly commenced proceedings in the US.
The matter then came back before Moore - Bick J. on the Claimant's application
for the appointment of an arbitrator.
The Munich Appeal Court had decided that the CAS system
for appointment of arbitrators to a case such as Ms Pechstein's case had lacked the necessary degree of independence as it favoured sports governing bodies against individual athletes.
the default provisions of the 1996 Act
for the appointment of arbitrators provide for the appointment of a sole arbitrator as opposed to three arbitrators;
The franchisees then applied to the court
for appointment of an arbitrator.
Not exact matches
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.
I think that the one - off nature
of arbitration and the
appointment mechanism
for arbitrators have a great potential
for bringing change to the system.
Since its introduction seven years ago, the SCC has seen almost 30 applications
for the
appointment of an emergency
arbitrator.
By applying
for the
appointment of an Emergency
Arbitrator, a party who is in need
of a prompt interim decision may receive a decision on interim measures within five days.
In 2014, the SCC also received applications
for the
appointment of an Emergency
Arbitrator in two treaty disputes under the SCC Rules
for the first time.
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.
If a decision on interim measures is needed to provisionally ensure a party's claim, before the commencement
of an arbitration, the party may apply to the Arbitration Institute
of the Stockholm Chamber
of Commerce (SCC)
for the
appointment of an Emergency
Arbitrator in accordance with the SCC Rules.
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.
Additionally, it is important to note that the emergency
arbitrator procedure that allows a party seeking conservatory and interim measures to apply
for an
appointment of an emergency
arbitrator is separate from the conservatory and interim measures that the Arbitral Tribunal may order.
Measures to increase fairness in appointing
arbitrators, including the requirement
for arbitrators to sign and submit statements showing their acceptance, impartiality and independence, and the changes in the parties» choice
of arbitrators from
appointment to nomination.
The SCC received three applications
for appointment of an emergency
arbitrator in 2017, compared to 13 in 2016.
The question facing officials now is if they wish to focus on minor reforms to arbitral
appointment procedures (perhaps limiting the number
of times a law firm can appoint the same
arbitrator), on major reforms to arbitral
appointment procedures (perhaps getting rid
of party
appointment), or on designing a procedure
for fixed - term
appointments.
The statistics
for 2016 shows that, when the SCC made the
appointment, 22.5 %
of women
arbitrators were appointed.
Subject to paragraph 2
of this article, in any event where an
arbitrator has to be replaced during the course
of the arbitral proceedings, a substitute
arbitrator shall be appointed or chosen pursuant to the procedure provided
for in articles 8 to 11 that was applicable to the
appointment or choice
of the
arbitrator being replaced.
For the purposes
of article 9, paragraph 1, where three
arbitrators are to be appointed and there are multiple parties as claimant or as respondent, unless the parties have agreed to another method
of appointment of arbitrators, the multiple parties jointly, whether as claimant or as respondent, shall designate an
arbitrator.
A party may challenge the
arbitrator appointed by it only
for reasons
of which it becomes aware after the
appointment has been made.
The response to the notice
of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal
for the
appointment of a sole
arbitrator referred to in article 8, paragraph 1; (c) Notification
of the designation
of an
arbitrator referred to in articles 9 or 10; (d) A brief description
of counterclaims or claims
for the purpose
of a set - off, if any, including where relevant, an indication
of the amounts involved, and the relief or remedy sought; (e) A notice
of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.
Where institutional rules contain a mechanism
for the
appointment of an emergency
arbitrator, the parties remain at liberty to opt out
of that mechanism if it prefers a court's decision to support the arbitration.
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
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 4
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 4
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 4
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).
The LMAA took the view that some procedures such as a mechanism
for appointment of an emergency
arbitrator were not appropriate
for the LMAA.
In turn,
for the
appointment of an emergency
arbitrator under article 9B, the appropriate question was whether or not relief was required «more urgently than the time that it would take
for the expedited formation
of an arbitral tribunal».
(b) Deliver copies
of the request
for the
appointment of an Arbitral Tribunal to the Respondent and simultaneous setting
of a time period
for the
appointment of the party's
arbitrator (in the case
of an Arbitral Tribunal consisting
of three
arbitrators), respectively
for the notification
of acceptance
of the Claimant's proposal or
for the notification
of a counterproposal by the Respondent (in the case
of a sole
arbitrator), by the Governing Board (Art. 4 (2)
of the Rules).
In 2014 CAS changed its system
of appointment to the CAS panel
of arbitrators, by removing a requirement
for nomination by a sport governing body.
Gerald Metals SA applied to the LCIA
for the
appointment of an emergency
arbitrator to provide interim relief to prevent Safeguard (the guarantor) from disposing
of trust assets.
The Board's mandate includes the
appointment of arbitrators, decisions on challenges to
arbitrators, jurisdictional determinations, and procedural decisions regarding,
for instance, the number
of arbitrators and applicable rules.
For example, according to the ICC, no additional party may be joined to a dispute after the confirmation
of appointment of any
arbitrator, unless all parties agree otherwise.
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.
Depending on the number
of arbitrators agreed by the parties, the 1996 Act has default provisions
for the
appointment of:
For cases registered from 1 January 2016, the ICC Court will now publish information on its website including the name and nationality
of the sitting
arbitrators, details
of which
arbitrator is the chairperson and details
of whether the
appointment was made by the ICC Court or by the parties.
So the complainant can not pursue the World Bank
for the
appointment of biased, etc.
arbitrators if there were.
Using data
of all
appointments of ICSID
arbitrators made between 1972 and 2014 and applying a social network analysis methodology, Sergio sets out to understand the role
of social capital in investment arbitration by relying upon proxy measures
for social connectivity.
These include:
appointment of arbitrators, including the possible introduction
of a code
of conduct; challenges to
arbitrators; third party funding; consolidation; preliminary objections and first session; witnesses; experts and other evidence; discontinuance
of a case; awards and dissenting opinions; security
for costs and security
for stay
of enforcement
of awards ordered by the ad hoc committee; allocation
of costs; annulment; publication
of decisions and orders (compared to the current provisions referring to awards); as well as the modernization
of the means
of communication (apparently with a view to making the procedure «less paper - intensive and more environmentally friendly»).