arbitrators appointment of

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The clause provided for the appointment of one arbitrator by each party and an umpire to be jointly appointed by those arbitrators.

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The arbitration agreement provided that each party was to appoint one arbitrator, with the chairman to be appointed by the President of the competent Regional Court.

When a dispute arose, the claimant initiated arbitral proceedings and appointed its arbitrator.

The claimant further requested the Court to appoint his nominee.

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As this had not been the case yet, the Higher Regional Court considered that the application to appoint an arbitrator had been filed before the claimant was entitled to do so.

If there is no one suitable for the task, two arbiters who are not relatives shall be appointed.

However, the Court held that the parties could still reach an agreement so that the defaulting party could still appoint its nominee.

Conciliator acting as arbitrator

Each of the parties to the dispute shall appoint an arbitrator and the two arbitrators so appointed shall designate by common agreement the third arbitrator, who shall be the Chairman of the tribunal.

Where a dispute is submitted to arbitration, if, within six months from the date of the request, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of the International Court of Justice or the Secretary General of the United Nations to appoint one or more arbitrators.

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Therefore, as the claimant did not raise any objections, the Court appointed the respondent's nominee as arbitrator.

Furthermore, the Court decided that it could minimize interference with the parties' autonomy if it appointed the arbitrator nominated by the defaulting party.

Having the CEO appoint the tribunal, the claimant applied to the Higher Regional Court in Dresden to have the proceedings declared inadmissible, pursuant to 1032 (2) of the German Code of Civil Procedure (hereinafter ZPO), since his nominee had not been appointed.

The principle of legal certainty thus allowed the Court to appoint arbitrators after the deadline had expired.

Upon the respondent's failure to comply with the request to appoint its arbitrator, the claimant sought to have the arbitrator appointed by the Highest Regional Court, pursuant to 1035 (4) ZPO, based on article 11 (4) MAL.

(3) The arbitral tribunal shall decide promptly on any objection to the preliminary order.

Arbitrator on the International Panel of Accredited Arbitrators, Singapore International Arbitration Centre, 1993 .

Article 551, para. 2, of the Code of Civil Procedure stated that only men could be appointed as arbiters.

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McNair writes on this point Both States apparently regarded the existing Kutch Arbitration Agreement between them as continuing in force, taking action under it in connection with the appointment of arbitrators.

Such a preliminary order does not constitute an award.

The undersigned Arbitrator

Each Party shall appoint one arbitrator and the two arbitrators so appointed shall appoint a third who shall be the chairman.

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Cases by jurisdiction

Any member of the tribunal may attach a separate or dissenting opinion to the final decision.

arbitrators challenge of

The three member tribunal actually rendered the award.

Listed Arbitrator of Regional Centre for Commercial Arbitration, Cairo, 1985 .

As the arbitrators appointed by the parties could not reach an agreement on a chairman, the latter was appointed by the Chamber of Commerce in Hamburg.

The distinction between arbitration clause and arbitration agreement is no longer relevant.

II. Cases relating to the UNCITRAL Model Arbitration Law (MAL) 4

34. Regarding the creation of an Arbitration Board, it would be difficult to ensure the impartiality of the arbitrators if they were recruited externally and paid by the Administration.

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35. The Secretary General proposes that the New York section of the Disciplinary Board be chaired by the Chairperson of the Arbitration Board and that the Geneva section be chaired by the Alternate Chairperson of the Arbitration Board.

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UNCITRAL Arbitration Rules (1976) UNCITRAL Arbitration Rules (1976)d

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The Court of Appeal affirmed that the arbitrators decided the existence and extent of the appellant's liability under the charter party for demurrage, which was referred to them by the parties.

If within thirty (30) days of the request for arbitration either Party has not appointed an arbitrator, or if within fifteen (15) days of the appointment of two arbitrators the third arbitrator has not been appointed, either Party may request the President of the International Court of Justice to appoint an arbitrator.