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Appointment of the Arbitrators - Article 14 - Chamber of Arbitration of Milan Rules: A Commentary

Author(s): 
Laura Salvaneschi
Page Count: 
12 pages
Media Description: 
PDF from "Chamber of Arbitration of Milan Rules: A Commentary"
Published: 
April, 2012
Jurisdictions: 
Italy,
International
Practice Areas: 
Arbitrators and Arbitral Tribunals,
Tribunal of Three Arbitrators,
Tribunal of Two Arbitrators,
Sole Arbitrator,
Nationality of Arbitrators,
Designation of Arbitrators,
CAM,
Responsibility of Parties
Author Detail: 

LAURA SALVANESCHI is Professor of Civil Procedure Law at the Bicocca University of Milan, where she now also teaches Arbitration Law. She has authored a number of scientific papers on different areas of civil procedure, in particular arbitration law. Noteworthy case studies are “The interest in challenging judicial decisions” and “multi-party arbitration”, as well as many several essays and notes on the reform of arbitration law published in collected works. She is a partner in the BEP Bonelli Erede Pappalardo office, where she practises litigation and arbitration in relation to cases involving contracts, corporate law, banking and finance law, bankruptcy, insolvency and family law.

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Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 14 - APPOINTMENT OF THE ARBITRATORS

1. The arbitrators shall be appointed in accordance with the procedures established by the parties in the arbitrations agreement.

2. Unless otherwise agreed in the arbitration agreement, the sole arbitrator shall be appointed by the Arbitral Council.

3. Where the parties have agreed to appoint the sole arbitrator jointly without indicating a time limit, this time limit shall be set by the Secretariat. If the parties fail to reach an agreement, the sole arbitrator shall be appointed by the Arbitral Council.

4. Unless otherwise agreed in the arbitration agreement, the arbitral panel shall be appointed in the following manner:
a) each party shall appoint an arbitrator in the request for arbitration and the statement of defence; if a party fails to do so, the arbitrator shall be appointed by the Arbitral Council;
b) the president of the Arbitral Tribunal shall be appointed by the Arbitral Council. The parties may, however, provide for the president to be appointed by the arbitrators appointed by the parties jointly. If the arbitrators fail to reach an agreement within the time limit indicated by the parties, or within the time limit set by the secretariat where the parties have not indicated any, the president shall be appointed by the Arbitral Council.

5. Where the parties have different nationalities or registered offices in different countries, the Arbitral Council shall appoint as sole arbitrator or president of the Arbitral Tribunal a person of a nationality other than those of the parties, unless otherwise agreed by the parties.

1. Introduction

1.1. The constitution of the Arbitral Tribunal involves the process of selecting its members. The absence of standing or pre-established courts to which the dispute may be submitted “contrasts markedly with national courts (or many international tribunals, such as the International Court of Justice), which have a permanent existence, a pre-existing complement of judges who are assigned randomly to cases and generally applicable, comprehensive procedural rules. Rather, for most arbitral proceedings, an arbitral tribunal must be separately constituted by the parties (or otherwise), in accordance with the terms of the arbitration agreement and applicable law”.

Table of Contents: 

1. Introduction 
2. The appointment of the arbitrators 
3. The appointment of a sole arbitrator  
4. The appointment of a panel of arbitrators 
5. The criteria followed in the appointment of the ArbitralTribunal.