Appointment of Arbitrators: Relevant Regulations

To be specific, according to the contents of the UNCITRAL Model Law on International Commercial Arbitration 1985, this issue is specifically regulated as follows:

- No person shall be precluded by reason of their nationality from acting as an arbitrator, unless otherwise agreed by the parties.

- The parties are free to agree on a procedure for appointing the arbitrator or arbitrators.

- Failing such agreement:- In an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within 30 days of receipt of a request to do so from the other party or if the two arbitrators fail to agree on the third arbitrator within 30 days of their appointment, upon request of a party, the court or other competent authority shall make the appointment;- In an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, upon request of a party, the court or other competent authority shall make the appointment.

- Where under an appointment procedure agreed upon by the parties:- A party fails to act as required under such procedure; or- The parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure; or- A third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the court or other competent authority to take the necessary measure unless the agreement on the appointment procedure provides other means for securing the appointment.

- A decision on a matter entrusted to the court or other competent authority shall not be subject to appeal. The court or other competent authority in appointing an arbitrator shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account the advisability of appointing an arbitrator of a nationality other than those of the parties.

This content is stipulated in Article 11 of the UNCITRAL Model Law on International Commercial Arbitration 1985.

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