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

The three member tribunal actually rendered the award.

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.

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 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.

1. In disputes between two parties, the arbitral tribunal shall consist of three members.

The arbitration procedure shall be determined by the arbitrators and the costs of the arbitration shall be borne by the Parties as assessed by the arbitrators.

keywords arbitration agreement arbitration clause arbitrators competence judgement

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.

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

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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.

13. Encourages States parties to the Convention that have not yet done so to nominate conciliators and arbitrators in accordance with annexes V and VII to the Convention, and requests the Secretary General to continue to update and circulate lists of these conciliators and arbitrators on a regular basis

12. Encourages States parties to the Convention that have not yet done so to nominate conciliators and arbitrators in accordance with annexes V and VII to the Convention, and requests the Secretary General to continue to update and circulate lists of these conciliators and arbitrators on a regular basis

22. Encourages States parties to the Convention that have not yet done so to nominate conciliators and arbitrators in accordance with annexes V and VII to the Convention, and requests the Secretary General to continue to update and circulate lists of these conciliators and arbitrators on a regular basis

When a dispute is submitted, the special arbitral tribunal shall, in accordance with Annex VIII, article 2, of the Convention, be constituted and shall be composed of five members preferably from the list which is drawn up and maintained by the specialized agencies of the United Nations in their field of competence.

19. The Advisory Committee notes from article 3 of the draft statute that the Arbitration Board will be composed of 10 members (i.e., a Chairperson, an alternate Chairperson, 4 members and 4 alternate members).

The undersigned Arbitrator

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

This is not mediation or arbitration where the mediator or arbitrator would act as a neutral third party.

Unqualified freedom to arbitrate

1. If the Chairman of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the President of the International Court of Justice shall, at the request of a party, designate the Chairman within a further two month period.

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Cases by jurisdiction

As the plaintiff argued that the dispute fell outside the scope of the arbitration clause (article 7 (1) MAL), the Court stated that it was not clear whether the dispute fell within the arbitration clause, and this was an issue to be decided by the arbitral tribunal, (article 16 (1) MAL).

III. INTERNATIONAL COMMERCIAL ARBITRATION AND CONCILIATION 12

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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.

11. Encourages States that have not yet done so to nominate conciliators and arbitrators in accordance with annexes V and VII to the Convention, and requests the Secretary General to continue to update and circulate lists of these conciliators and arbitrators on a regular basis

12. Encourages States that have not yet done so to nominate conciliators and arbitrators in accordance with annexes V and VII to the Convention, and requests the Secretary General to continue to update and circulate lists of these conciliators and arbitrators on a regular basis

The Convention also stipulates that every State party shall be entitled to nominate four arbitrators, each of whom shall possess experience in maritime affairs and enjoy the highest reputation for fairness, competence and integrity.

The grounds relied on would fall within article 34 (2) (a) (iii) MAL.

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

It relied on articles 34 (2) (a) (iii) and 36 (1) (a) (iii) MAL and stated that these matters did not fall within the terms of submission to arbitration and were beyond the scope of arbitration.

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.

International Special Fellowship Course on Arbitration sponsored by the Chartered Institute of Arbitrators (Berlin, Germany, 18 20 October 1996)

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.

It shall contain the names of the members who have participated and the date of the final decision.

MAL 34 (2) (a) (iii)

Furthermore, the Court held that the claimant's right to be heard in accordance with the law had been infringed, as it was only informed about the constitution of a two member tribunal, but not of a chairman being appointed.

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