How many arbitrators are normally appointed by the parties?

The number of arbitrators shall be three, unless the parties to a particular dispute subsequently agree in writing that a sole arbitrator shall be appointed to resolve such particular dispute. The arbitrators shall be appointed exclusively in accordance with the ICC Rules and this Agreement.

Are arbitrators assigned to parties?

Some arbitration agreements provide for a panel with two party-appointed arbitrators and a single neutral arbitrator, often selected by the party-appointed arbitrators. Arbitration institutions will require party-appointed arbitrators to be neutral, even though each party independently selects an arbitrator.

What are the various ways to appoint an arbitrator by parties?

The most common agreements for three-member Tribunals are:

  • Each party appoints one co-arbitrator, and the parties attempt to agree on the third arbitrator, the President of the Tribunal.
  • Each party appoints one co-arbitrator, and the co-arbitrators attempt to agree on the third arbitrator, the President of the Tribunal.

What is a party arbitrator?

Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute.

Who Cannot be appointed as arbitrator?

Under S. 12(5) of the Act, a person covered by the Seventh Schedule shall be ineligible to be appointed as an arbitrator. Similarly, Perkins stated that “[n]aturally, the person who has an interest in the outcome or decision of the dispute must not have the power to appoint a sole arbitrator.

Who appoints an arbitrator?

In such a situation, the appointment shall be made, upon request of a party, by the Supreme Court or any person or institution designated by such Court, in the case of an International Commercial arbitration or by High Court or any person or institution designated by such Court, in case of a domestic arbitration.

Do you call an arbitrator Your Honor?

Arbitrator X is appropriate before the parties. It’s not about the name but the character! Arbitrator” or simply “Mister” and my name. I realize a number of lawyers will, out of habit, say “Your Honor”; but if asked will suggest something different.

Who can act as an arbitrator?

—(1) A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. (2) Subject to sub-section (6), the parties are free to agree on a procedure for appointing the arbitrator or arbitrators.

What are parties to arbitration called?

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.

Who can be an arbitrator?

Who can be appointed as arbitrator? Arbitrators can be non-lawyer experts in areas relevant to the dispute, but in practice, the vast majority of arbitrators are lawyers, law professors or scholars, judges and other dispute resolution professionals.

Can a party challenge an arbitrator appointed by himself?

(d) A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.

What matters can be referred to an arbitrator?

Generally, all disputes which can be decided by a civil court, involving private rights, can be referred to arbitration. Thus, disputes about property or money, or about the amount of damages payable for breach of contract etc., can be referred to arbitration.

Who are party appointed arbitrators in investment arbitration?

[12] Albert Jan van den Berg, Dissenting Opinions by Party-Appointed Arbitrators in Investment Arbitration, IV Making and Applying Investment and Trade Law in Mahnoush Arsanjani et al. (eds.), Looking to the Future: Essays on International Law in Honor of W. Michael Reisman, (Brill 2010) 821-843. [13] Loewen Group, Inc. and Raymond L. Loewen v.

Why do parties refer their disputes to arbitration?

The fact that parties themselves consent to refer their disputes to arbitration shows that there is freedom of contract and an element of freedom of choice to decide on a dispute resolution mechanism, which alternatively could have also been litigation in courts.

Who was the arbitrator in the Hooters case?

Annette R. Phillips [16] where both Hooters and its employee had to appoint an arbitrator for a three-member tribunal and the third arbitrator had to be appointed from a list of arbitrators created exclusively by Hooters. This results in an apparent bias.

Where can I find list of Arbitrators in French?

You can return to this list at any time by clicking the ‘By Arbitrator’ menu button. b Arbitrator will conduct a hearing or mediation in French, if requested.