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Appointment of Arbitrator


Number of Arbitrators

l       The arbitral tribunal shall be composed of one or three arbitrators.

l       Unless otherwise agreed by the parties or provided by the Arbitration Rules, an arbitral tribunal shall be composed of three arbitrators.

 

Panel of Arbitrators

l       Parties may agree to appoint arbitrators from outside the SCIA's Panel of Arbitrators. An arbitrator appointed in accordance with such agreement from outside the SCIA's Panel of Arbitrators may serve as arbitrator of the arbitration in dispute if he/she meets the conditions prescribed by law for arbitrator subject to the confirmation by the Chairman of the SCIA.

l       Parties may agree on the means of appointing arbitrators, unless such agreement cannot be implemented or is in conflict with a mandatory provision of the law as it applies to the arbitration proceedings.

 

Appointment of Arbitrators in Three-arbitrator Tribunal

l       Where a case is arbitrated by a tribunal composed of three arbitrators, in accordance with Article 29 of SCIA Arbitration Rules, unless otherwise agreed by the parties, within fifteen (15) days from the date of receipt of the Notice of Arbitration, the Claimant and the Respondent shall each appoint, or entrust the Chairman of the SCIA to appoint, an arbitrator, failing which the arbitrator shall be appointed by the Chairman of the SCIA.

l       Where the parties fail to appoint the presiding arbitrator in accordance with the procedure above, the arbitrator shall be appointed by the Chairman of the SCIA.

 

Appointment of Presiding Arbitrator in Three-arbitrator Tribunal

l       Where a case is arbitrated by a tribunal composed of three arbitrators, within fifteen (15) days from the date of the Respondent's receipt of the Notice of Arbitration, the parties shall jointly appoint or jointly entrust the Chairman of the SCIA to appoint the presiding arbitrator, failing which the presiding arbitrator shall be appointed by the Chairman of the SCIA.

l       In the alternative the parties may agree that the presiding arbitrator to be appointed jointly by the two appointed arbitrators. Unless otherwise agreed by the parties, where the two appointed arbitrators fail to appoint the presiding arbitrator within five (5) days from the date of the determination of the second arbitrator, the presiding arbitrator shall be appointed by the Chairman of the SCIA.

l       The Chairman of the SCIA may recommend a list of candidates for the presiding arbitrator for the parties to select from.

 

Appointment of Sole Arbitrator

l       Where the arbitral tribunal is composed of a sole arbitrator, the procedure of appointing sole arbitrator shall be the same as it for the presiding arbitrator, excluding the procedures of jointly appointment by co-arbitrators.

 

Arbitrator Interest Conflicts

l       A party shall appoint an arbitrator having no conflict of interest.

l       A prospective arbitrator shall disclose in writing to the SCIA any facts or circumstances likely to give rise to justifiable doubts as to his/her impartiality or independence.

l     A party which has justifiable doubts as to the impartiality or independence of an arbitrator may challenge that arbitrator in writing and shall state the facts and reasons on which the challenge is based and provide supporting evidence.

 

Appointment of substitute arbitrator

l       Where an arbitrator is unable to fulfill his/her functions due to, inter alia, being challenged or voluntary withdrawal from his/her office, a substitute arbitrator shall be appointed following the original procedure within the specified period of time.

l       Where an arbitrator is prevented de jure or de facto from fulfilling his/her functions, or fails to fulfill his/her functions in accordance with the requirements of the Arbitration Rules, a substitute arbitrator shall be appointed following the original procedure within the specified period of time.

 

 







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