Tag: Part III — THE ARBITRAL TRIBUNAL

11.1 Where there are multiple Claimants or multiple Respondents, the multiple Claimants jointly and the multiple Respondents jointly shall nominate one arbitrator each.

11.2 Failing a joint nomination, the Registrar shall appoint all three arbitrators and designate the presiding arbitrator.

12.1 Confirmation. Every nominee arbitrator shall be confirmed by the Registrar before assuming office. Confirmation shall be granted on receipt of a signed Statement of Acceptance, Availability, Independence, and Impartiality in the form prescribed by the Centre.

12.2 Disclosure. Every arbitrator shall disclose, before accepting appointment and on a continuing basis thereafter, any circumstance likely to give rise to justifiable doubts as to independence or impartiality, including the circumstances set out in the Fifth and Seventh Schedules to the Act and any circumstance falling within the Orange or Red Lists of the IBA Guidelines on Conflicts of Interest in International Arbitration, 2024.

12.3 Grounds for Challenge. An arbitrator may be challenged if:

12.3.1 circumstances exist that give rise to justifiable doubts as to independence or impartiality; 12.3.2 the arbitrator does not possess the qualifications agreed by the parties; or 12.3.3 the arbitrator has, without cause, failed to meet timelines or act within the scope of authority.

12.4 Procedure. A challenge shall be made in writing to the Registrar within fifteen (15) days of the challenging party becoming aware of the grounds for challenge. The Registrar shall invite brief submissions from the challenged arbitrator and the other parties, and shall decide the challenge within twenty-one (21) days by reasoned decision. The decision of the Registrar is final for the purposes of the administration of the arbitration but shall not prejudice any right of recourse under the Act.

12.5 Replacement. Where an arbitrator is removed, resigns, or is unable to act, a replacement shall be appointed by the same method as the original appointment. The Tribunal, once reconstituted, shall determine whether and to what extent prior proceedings shall stand.

12.6 Screened Appointment. On joint party election, the Registrar shall operate a screened appointment mechanism in which the party making a nomination does not communicate that nomination to the nominee, the appointment being communicated by the Registrar. The mechanism is available on all Tracks.

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7.1 The Tribunal shall consist of a sole arbitrator or three arbitrators as the parties have agreed.

7.2 Absent party agreement, the Registrar shall determine the number of arbitrators, having regard to:

7.2.1 the complexity of the dispute; 7.2.2 the amount in dispute; 7.2.3 the Track allocated under Part IV; 7.2.4 the preferences expressed by the parties; and 7.2.5 efficient and cost-effective resolution.

7.3 For Small-Value Track and Express Track proceedings under Part IV, the Tribunal shall consist of a sole arbitrator, save in exceptional circumstances as determined by the Registrar for good cause recorded in writing or on joint party election.

8.1 Every arbitrator shall be and remain independent and impartial.

8.2 Every arbitrator shall have the qualifications agreed by the parties or, absent such agreement, such qualifications as the Registrar considers appropriate having regard to the nature of the dispute.

8.3 For international commercial arbitrations, the sole or presiding arbitrator shall be of a nationality other than that of any party, unless the parties otherwise agree in writing.

8.4 Arbitrators appointed under these Rules shall be drawn, wherever reasonably possible, from the Lex Arbitrate Panel of Arbitrators. The Registrar may appoint an arbitrator outside the Panel where the dispute so requires, subject to the qualifications and disclosure requirements under these Rules.

9.1 Where the Tribunal is to consist of a sole arbitrator, the parties shall jointly nominate the arbitrator within fifteen (15) days of the filing of the Answer.

9.2 Failing joint nomination, the Registrar shall appoint the sole arbitrator.

9.3 In making any appointment, the Registrar shall have regard to the factors set out in Article 7.2 and to the requirement that the arbitrator be able to commit to the timelines under these Rules.

10.1 Where the Tribunal is to consist of three arbitrators, the Claimant shall nominate one arbitrator in the Request and the Respondent shall nominate one arbitrator in the Answer.

10.2 The two party-nominated arbitrators shall nominate the presiding arbitrator within fifteen (15) days of confirmation of the second co-arbitrator.

10.3 Failing nomination by the party-nominated arbitrators, the Registrar shall appoint the presiding arbitrator.

10.4 Failing nomination by a party, the Registrar shall appoint the co-arbitrator on behalf of that party. A party that has failed to nominate shall retain the right to participate fully in the arbitration thereafter.