On 27 July 2011, the UK Supreme Court handed down a judgment which clarified concerns raised by the earlier Court of Appeal decision regarding the ability of parties to exclude certain categories of person
from appointment as arbitrators.
Not exact matches
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 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.
General Standard 2 of the IBA Guideline states that an
arbitrator shall decline to accept an
appointment or refuse to continue to act where facts or circumstances exist, or have arisen since the
appointment that,
from a reasonable third person's point of view the facts or circumstances give rise to justifiable doubts
as to the
arbitrator's impartiality or independence.