s.16Appointment of arbitrators
16
Section 16Part 5 — ARBITRAL TRIBUNAL

Appointment of arbitrators

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The parties may agree to a procedure for appointment of an arbitrator in accordance with the rules they have chosen.
Where the parties fail to agree on rules for appointing the arbitral tribunal —
in an arbitration with a sole arbitrator, the arbitrator shall be appointed, upon the request of a party to the agreement, by the appointing authority; and
in an arbitration with two or more arbitrators, the parties shall appoint an odd number of arbitrators either by —
each party appointing an arbitrator and agreeing to the appointment of a subsequent arbitrator; or
two or more parties agreeing to the appointment of the required number of arbitrators.
Where subsection (2)(b) applies —
if a party fails to appoint an arbitrator within thirty days of receipt of a first request to do so from the other party; or
if the parties fail to agree on the appointment of the additional arbitrator within thirty days of the receipt of the first request by any party to do so, the appointment shall be made, upon the request of a party, by the appointing authority.
If, under an appointment procedure agreed to by the parties —
one party fails to act as required under such procedure;
the parties are unable to reach an agreement under such procedure; or
a third party to the agreement, including an arbitral tribunal, fails to perform any function assigned to it under such procedure, any party may apply to the appointing authority to take the necessary measures unless the agreement on the appointment procedure provides other means for securing the appointment.
Where a party makes a request or makes an application to the appointing authority under subsection (2), (3) or (4), the appointing authority shall, in appointing an arbitrator, have regard to the following —
the nature of the subject-matter of the arbitration;
the availability of any arbitrator;
the identities of the parties to the arbitration;
any suggestion made by any of the parties regarding the appointment of any arbitrator;
any qualifications required of the arbitrator by the arbitration agreement or otherwise by the parties; and
such considerations as are likely to secure the appointment of an independent and impartial arbitrator.
An appointment made by the appointing authority may not be challenged except in accordance with this Law.
Notwithstanding the provisions of this Law, the parties may agree on the powers to be exercised by the appointing authority for the purpose of arbitral proceedings.

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