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Selecting the Arbitrator

Journal article | December 2013 | Available for purchase & free for members

Abstract

Each set of arbitration rules, as well as most arbitration laws, lay down their own procedures and deadlines for the appointment of arbitrators. The arbitration agreement between the parties may also specify directions for appointing the arbitrators.

Under the UNCITRAL Arbitration Rules, which were developed for use in ad hoc arbitration cases (those not administered by the International Chamber of Commerce (ICC), London Court of International Arbitration, China International Economic and Trade Arbitration Commission, International Centre for Dispute Resolution, Hong Kong International Arbitration Centre, Singapore International Arbitration Centre or other arbitral institution), if the parties’ arbitration agreement has not specified an ‘appointing authority’ or body tasked with selecting the arbitrator(s) where the parties fail timely to do so, then the Permanent Court of Arbitration in The Hague will, upon the request of one of the parties, designate an institution or body to serve as the appointing authority, which will, in turn, select the
arbitrator(s). The methods and possibilities for arbitrator appointment are many and will not be covered in depth in this paper. Rather, the goal of the writer will be to highlight current views regarding the unilateral appointment of co-arbitrators, or the appointment of sole arbitrators or the chair by mutual agreement, by the parties themselves.

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Thanks

We thank the author of this article David Kreider and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Legal practice, Dispute handling administration