Replacement of Arbitrators - Article 20 - Chamber of Arbitration of Milan Rules: A Commentary

CHIARA GIOVANNUCCI ORLANDI is a Professor of Civil Procedural Law, National and International Arbitration and ADR, Bologna University. Visiting Professor of International Commercial Arbitration, School of Law of Pittsburgh, USA, Oct-Nov 2010. Co-Director and Lecturer on International Commercial Arbitration, LLM American and International Legal Practice Bologna Program, Loyola Law School Los Angeles, 2006-2010. Lecturer on International Commercial Arbitration, Summer Program, held by Loyola and Brooklyn Law Schools in Bologna, since 1998. Member of the Arbitral Council, Chamber of Arbitration of Milan. Member of the Mediation and Arbitration Committee of the Italian Bar Association, CNF, Rome. Member of the Arbitration and Conciliation Committee and Scientific Advisor on Mediation, Unioncamere, Rome.

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Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 20 – REPLACEMENT OF ARBITRATORS

1. An arbitrator shall be replaced by another arbitrator where:
a. the arbitrator does not accept the appointment or resigns after accepting it;
b. the arbitrator is not confirmed;
c. the arbitrator is removed by all parties;
d. the Arbitral Council upholds a challenge against the arbitrator;
e. the Arbitral Council, after consulting the parties and the Arbitral Tribunal, removes the arbitrator for violation of the duties of the Arbitral Tribunal under these Rules or for other serious grounds;
f. the arbitrator dies or is no longer able to perform his/her tasks due to infirmity or on other serious grounds.

2. The Secretariat may suspend the proceedings in any of the cases indicated in Article 20.1. In any case, when the suspension is lifted, the time limit for filing the award is extended to 90 days, if, by the elapse of time during the suspension, the time limit is less than 90 days.

3. A new arbitrator shall be appointed by the same authority that appointed the substituted arbitrator. If a replacement arbitrator must also be substituted, the new arbitrator shall be appointed by the Arbitral Council.

4. The Arbitral Council shall determine the fees, if any, due to the substituted arbitrator, taking into account the work done and the reasons for the replacement.

5. In case of the replacement of an arbitrator, the newly constituted Arbitral Tribunal may decide to repeat all or some of the acts of the proceedings taken place up to that moment.

1. Introductory Remarks.

The article at hand aims at guaranteeing the establishment or reestablishment of an arbitration panel.

The term “replacement” may lead one to suppose that this article applies only after the arbitrator has accepted the appointment; however, the article likewise applies to all the circumstances that might occur after the arbitrator’s appointment, despite his or her acceptance.

In both cases, the reference to the same term “replacement” is important to underline how, by the time the request for arbitration is filed with the Secretariat and registered by it, the arbitral proceeding has commenced (along with the filing obligations, expenses, etc.)1 and any problems related to the appointing procedure does not imply the commencement of a new procedure.

Table of Contents:

1. Introductory Remarks.
2. Grounds for Replacement.
3. Appointment of the new Arbitrator.
4. Effect on prior proceedings.
5. The removed arbitrator’s fees.
6. Truncated arbitral tribunal: no reference in the Cam Rules.