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 arbitrations.
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.
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.
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.
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.
The matter then came back before Moore - Bick J.
on the Claimant's application for the
appointment of an
arbitrator.
In case
of failure to appoint an
arbitrator or to agree
on the
appointment of the third
arbitrator, Rules
of the LCIA shall apply.
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.
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 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.
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.
In addition, the parties can impose specific duties
on an arbitral tribunal in their arbitration agreement or in the
arbitrators» terms
of appointment, which could preclude the use
of certain procedural orders or require resolution
of the dispute within a certain time period.
Depending
on the number
of arbitrators agreed by the parties, the 1996 Act has default provisions for the
appointment of:
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.
Parties are free to agree
on the number
of arbitrators, whether there is to be a chairman or an umpire, the
arbitrators» qualifications, and the method
of appointment (section 15).
(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.
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.
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.
CUPW disputed the constitutionality
of the back - to - work legislation and, in separate litigation, Justice Osborne's
appointment on the basis that he wasn't bilingual (despite that the parties often use unilingual
arbitrators).
An
arbitrator to be appointed under these Rules shall be a person
on the SIAC SGX - DC Panel as at the date
of the
appointment.