18. Appointment of arbitrators
Past version: effective from 17/12/2015 - 16/12/2015
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(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
(2) The parties are free to agree on a procedure for appointing the arbitrator or arbitrators.
(3) If and to the extent that there is no such agreement:
(a) in an arbitration with a sole arbitrator, if the parties do not agree on the arbitrator within 30 days of one party requesting the other to do so, he shall be appointed by the arbitral institution administering the arbitration, or, where there is no such institution, the Court on the request of either party; or
(b) in an arbitration with three (3) arbitrators, each party shall appoint one arbitrator, and the two (2) arbitrators thus appointed shall appoint the third arbitrator, who shall be the presiding arbitrator (or chairman). If a party fails to appoint an arbitrator within 30 days of receipt of a request to do so from the other party, or if the two (2) arbitrators fail to agree on the third arbitrator within 30 days of their appointment, the appointment shall be made, upon request of a party, by the arbitral institution administering the arbitration, or, where there is no such institution, the Court.
(4) Where there are multiple claimants and/or multiple respondents, and where the dispute is to be referred to three (3) arbitrators, the multiple claimants, jointly, and the multiple respondents, jointly, shall each appoint one arbitrator in accordance with the appointment procedure agreed upon by the parties or, where there is no such agreement, in accordance with subsection (3)(b) and the presiding arbitrator shall be appointed in accordance with subsection (3)(b).
(5) In the absence of a joint nomination pursuant to subsection (4), and where all parties are unable to agree to a method for the constitution of the arbitral tribunal, the arbitral institution administering the arbitration, or where there is no such institution, the Court, may appoint each member of the arbitral tribunal and shall designate one of them to act as president.
(6) A decision on a matter entrusted by subsection (3), (4) or (5) to any arbitral institution administering the arbitration, or, where there is no such institution, the Court, shall not be subject to appeal. The arbitral institution administering the arbitration or, where there is no such institution, the Court, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall also take into account the advisability of appointing an arbitrator of a nationality other than that of any party.