Arbitration: Particulars and Appointment

It is now that the parties must agree and confirm the particulars of the arbitration proceedings and the appointment of the arbitrators.

Rules and Seat

It is most likely that these matters will be settled by the arbitration agreement, however, in the event that there is no prior agreement or the agreement is silent as to the seat and applicable rules, The Arbitration Company will invite the parties to agree on these particulars at this stage. If no agreement is reached within a reasonable period of time The Arbitration Company may at its own discretion select the rules and seat of the proceedings based on all of the circumstances of the case, not least the subject matter of the dispute, domicile of the parties and location of the transaction.

Language

The arbitration shall be conducted in the language selected by the parties, and it is possible for proceedings to commence in more than one language. The Arbitration Company may at its own discretion select the language of the proceedings based on all of the circumstance of the case, not least the language of the contract, if the parties cannot otherwise agree.

Location

If a hearing is required, the parties will be invited to agree on a suitable location. If the parties are unable to agree on a location, then The Arbitration Company will select a neutral location on behalf of the parties.

 

Appointment

An arbitration can proceed with one or three arbitrators. In the absence of an agreement as to the number of arbitrators The Arbitration Company will appoint a sole arbitrator save where the nature of the dispute warrants the appointment of three arbitrators.

Based on the information supplied in the request for arbitration and the answer, a shortlist will be drawn up of appropriate and available arbitrators. Where three arbitrators are required each party can select one arbitrator each. For the third arbitrator (the Chairman), or where a sole arbitrator is required, the selection will be made by mutual agreement or, in the absence of an agreement, be appointed by The Arbitration Company.

Confirmation

Once the arbitrators have been appointed they will be requested to file statements of independence, which will be unqualified or qualified, declaring that they are in fact neutral and with no existing relationship with either party and have no conflicting interests relating to the parties or the matters raised by the dispute. In the event of a qualified statement, the appointment will only be confirmed if no objections are raised by either party.

Challenges

Any challenges to the appointed arbitrator(s) should be notified to The Arbitration Company within the specified period of time. Any replacements shall be appointed in the same way as the original arbitrator, unless The Arbitration Company decides upon its own discretion to appoint the replacement in an alternative manner. The Arbitration Company will also have discretion to decide whether proceedings should be resumed or restarted, this decision will be based on the feasibility of the replacement arbitrator being effectively and satisfactorily briefed on the proceedings to date.