qual number of arbitrators. Where a party fails to appoint an arbitrator within the period of time stipulated by the SCC Institute, the SCC Institute shall make the appointment, unless otherwise agreed by the parties.
(3) Where there are multiple parties on either side and the dispute is to be decided by more than one arbitrator, the multiple Claimants, jointly, and the multiple Respondents, jointly, shall appoint an equal number of arbitrators. If either side fails to make such joint appointment, the SCC Institute shall make the appointment for that side. If the circumstances so warrant the SCC Institute may appoint the entire Arbitral Tribunal, unless otherwise agreed by the parties.
(4) Where the Arbitral Tribunal is to consist of more than one arbitrator, the Chairman shall be appointed by the SCC Institute, unless otherwise agreed by the parties.
(5) Where the dispute is to be decided by a sole arbitrator, the SCC Institute shall make the appointment, unless otherwise agreed by the parties.
(6) Where an arbitrator appointed by a party dies, the party in question shall appoint another arbitrator. Where an arbitrator appointed by the SCC Institute dies, the SCC Institute shall appoint another arbitrator.
(7) Where an arbitrator resigns or is removed, the SCC Institute shall appoint another arbitrator. If the arbitrator had been appointed by a party, the SCC Institute shall solicit the views of the appointing party. Where the Arbitral Tribunal consists of three or more arbitrators, the SCC Institute may decide that the remaining arbitrators shall proceed with the case. Prior to making such a decision, the views of the parties and the arbitrators shall be solicited.
(8) If the parties are of different nationalities the SCC Institute shall appoint a sole arbitrator or a Chairman of a nationality other than of the parties, unless the parties have agreed differently or if otherwise deemed appropriate by the SCC Institute.
Article 17
Impartiality and Independence and Duty
of an Arbitrator to Disclose
(1) An arbitrator must be impartial and independent.
(2) A person asked to accept an appointment as arbitrator must disclose any circumstances likely to give rise to justifiable doubts as to his impartiality and independence. If he is nevertheless appointed, he shall immediately, in a written statement, make the same disclosure to the parties and the other arbitrators.
(3) An arbitrator who becomes aware of any circumstances which may disqualify him, must immediately, in writing, inform the parties and the other arbitrators thereof.
Article 18
Challenge of Arbitrator
(1) Where a party wishes to challenge an arbitrator that party shall send a written statement to the SCC Institute setting forth the reasons for the challenge.
(2) Notification of a challenge must be made within 15 days as from the date on which the allegedly disqualifying circumstance became known to the party. Failure by a party to notify the SCC Institute of a challenge within the stipulated period of time will be considered a waiver of the right to initiate such a challenge.
(3) The SCC Institute shall provide the parties and the arbitrators the opportunity to comment on the challenge.
(4) The SCC Institute shall make the final decision on the challenge. If the SCC Institute finds an arbitrator disqualified, it shall remove the arbitrator.
Article 19
Removal of Arbitrator
(1) Where an arbitrator is prevented from de facto fulfilling his duties or fails to perform his functions in an adequate manner, the SCC Institute shall remove the arbitrator.
(2) Before removing an arbitrator, the SCC Institute shall solicit the views of the parties and the arbitrator
> 1 2 3 ... 16 17 18 ... 21 22 23
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
