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.
If within 30 days after the receipt of the appointing authority's confirmation
of the appointment of an arbitrator the other party has not notified the first party of the arbitrator it has designated, the first party may request the appointing authority to appoint the second arbitrator.
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.
Not exact matches
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.
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.
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.
Hence there seems to be a decline in
appointment or nomination
of Nigerian
arbitrators in major international arbitration, although it is hoped that this situation will be short lived.»
(a) shall state whether the affiliated bargaining agent agrees to the
appointment of the individual whom the referrer nominated as the
arbitrator and, if it does not agree, name the individual whom the affiliated bargaining agent nominates as
arbitrator;
(15) The date
of the first hearing
of a mediator -
arbitrator appointed under this section shall not be later than 21 days after the
appointment of the mediator -
arbitrator.
Summary: The appellant challenged a Swedish arbitration award under Section 34 (5)
of the Swedish Arbitration Act, alleging that a party - appointed
arbitrator's prior
appointments by the same law...
engage in activities intended unfairly to obstruct the arbitration or to jeopardise the finality
of any award, including repeated challenges to an
arbitrator's
appointment or to the tribunal's jurisdiction or authority known to be unfounded by that legal representative (Annex, para 2);
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.
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.
The expedited rules include various notable features including the
appointment of a sole
arbitrator, despite the parties» agreement to have a three - member tribunal.
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.
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.
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.
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
arbitrators.
John recently led the mediation panel at the Chartered Institute
of Arbitrators» 2nd Annual Dispute
Appointment Service (DAS) Convention (www.brickcourt.co.uk;www.core-solutions.com)
The 2016 Rules change the parties» choice
of arbitrators from
appointment to nomination (Article 12).
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 SIAC, LCIA, ICC and HKIAC rules all include similar provisions allowing
appointment of emergency
arbitrators.
In Halliburton Company v Chubb Bermuda Insurance Ltd & Others [2018] EWCA Civ 817, the Court
of Appeal considered the extent to which an
arbitrator may, without the parties» knowledge, accept
appointments in several matters in relation to the same or...
Appendix 3
of the 2016 Rules specifies its application as well as the
appointment and the power
of emergency
arbitrators.
The SCC received three applications for
appointment of an emergency
arbitrator in 2017, compared to 13 in 2016.
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.
On accepting his
appointment as
arbitrator in 2013, Gerstenmaier had signed a declaration
of independence, as required by the ICC.
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.
He regularly accepts
appointment as
arbitrator within the fields
of his practice.
The statistics for 2016 shows that, when the SCC made the
appointment, 22.5 %
of women
arbitrators were appointed.
The matter then came back before Moore - Bick J. on the Claimant's application for the
appointment of an
arbitrator.
The SCC has just published its Policy on
Appointment of Arbitrators, which lists the factors taken into consideration when the SCC Board appoints arbitrators in SCC ar
Arbitrators, which lists the factors taken into consideration when the SCC Board appoints
arbitrators in SCC ar
arbitrators in SCC arbitrations.
In case
of failure to appoint an
arbitrator or to agree on the
appointment of the third
arbitrator, Rules
of the LCIA shall apply.
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).
ICDR provides conflict - management assistance in more than 80 countries, and its services include assisting in the
appointment of mediators and
arbitrators, organizing hearings and providing users with information on dispute resolution.
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.
Number
of arbitrators (Article 7) Appointment of a sole arbitrator (Article 8) Appointment of three Arbitrators (Article 9) Appointment of Arbitrators in cases not covered by articles 8 and 9 (Article 10) Disclosures by arbitrators (Article 11) Challenge of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (
arbitrators (Article 7)
Appointment of a sole
arbitrator (Article 8)
Appointment of three
Arbitrators (Article 9) Appointment of Arbitrators in cases not covered by articles 8 and 9 (Article 10) Disclosures by arbitrators (Article 11) Challenge of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (
Arbitrators (Article 9)
Appointment of Arbitrators in cases not covered by articles 8 and 9 (Article 10) Disclosures by arbitrators (Article 11) Challenge of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (
Arbitrators in cases not covered by articles 8 and 9 (Article 10) Disclosures by
arbitrators (Article 11) Challenge of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (
arbitrators (Article 11) Challenge
of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (
arbitrators; non-participating
arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (
arbitrators (Article 12) Challenge procedure (Article 13) Replacement
of an
arbitrator (Article 14) Repetition
of hearings in the event
of the replacement
of an
arbitrator (Article 15) Exclusion
of liability (Article 16)
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.
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.
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.
A party that intends to challenge an
arbitrator shall send notice
of its challenge within 15 days after it has been notified
of the
appointment of the challenged
arbitrator, or within 15 days after the circumstances mentioned in articles 11 and 12 became known to that party.
A party is not precluded from raising such a plea by the fact that it has designated, or participated in the
appointment of, an
arbitrator.
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
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
arbitrator.