How can the court assist with the Appointment of the arbitrator? Arbitration Q&A guide by Hesham Rafei FCIArb

 

Assistance During the Process of an Arbitration How can the court assist with the Appointment of the arbitrator? Court's role in the appointment of the arbitral tribunal

An arbitration agreement usually provides that, when one party requests arbitration, the parties are to agree upon the arbitrators within a specified period.  If the parties fail to do so, the agreement usually states that the appointment of arbitrators is to be made by appointing authority ( e.g ICC ) If there is no such provision or if a party-appointed arbitrator failed to appoint, either party can ask the Court to appoint the arbitrator, The appointment decision is final with no appeal’. If the court appoints an arbitrator, Article 11 of the UNCITRAL Model Law provides that:  The court…in appointing an arbitrator, shall consider his qualifications required by the party's agreement to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.” This means that, if the parties have agreed that the arbitrator shall be an oil and gas expert, the court must respect that choice. This article also sets out the rule of finality of the court’s decision on the appointment of arbitrators which is justified by the need to have the tribunal constituted quickly. Arbitration Q&A guide by Hesham Rafei FCIArb