- Unless otherwise agreed by the parties, a person of any nationality
may be an arbitrator.
- Where the arbitration agreement provides that each party shall
appoint one arbitrator, and the two appointed arbitrators shall
appoint the presiding arbitrator, and
(a) A party fails to appoint an arbitrator within
thirty days from the receipt of a request to do so from the other
party
(b) The appointed arbitrators fail to agree on
the presiding arbitrator within thirty days from the date of their
appointment, the appointment shall be made, upon request of a
party, by the ICADR.
- In an arbitration with a sole arbitrator, if the parties fail
to agree on the arbitrator within thirty days from receipt of
a request by one party from the other party to agree, the appointment
shall be made, upon request of a party, by the ICADR.
- A decision by the ICADR on a matter entrusted to it by sub-rule
(3) will be final and binding on the parties.
- Upon receipt of a request , the ICADR will
(a) make the appointment as promptly as possible.
(b) following the prescribed procedure have regard to
(i) any qualifications required of the arbitrator by the agreement
of the parties;
(ii) such considerations are as likely to secure the appointments
of an independent as an impartial arbitrator; and
(iii)in the case of appointment of a sole or presiding arbitrator
in an international commercial arbitration, the advisability
of appointing a person of a nationality other than the nationalities
of the parties.
- The ICADR, before appointing a person as arbitrator or the
presiding arbitrator, will obtain confirmation from such person
that
(i) no circumstances exist that give rise to justifiable doubts
as to his independence or impartiality, and
(ii) where any qualifications are required of an arbitrator
by the agreement of the parties, he possesses those qualifications.
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