Selection of Arbitral Tribunal Sample Clauses

Selection of Arbitral Tribunal. 5.1 Are there any limits to the parties’ autonomy to select arbitrators?
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Selection of Arbitral Tribunal. 5.1 Are there any limits to the parties’ autonomy to select arbitrators? The main requirement of the Code of Civil and Commercial Procedure (Art. 193) pertains to the civil capacity of the arbitrators. An arbitrator may not be: a minor; an incapacitated person; or a person deprived of their civil rights due to a criminal offence or bankruptcy (unless it was rehabilitated). The arbitral tribunal must be composed of an odd number of arbitrators, otherwise the arbitration shall be null and void (Art. 193). Unless they are appointed by the Court (see question 5.2 below), the arbitrators must accept their mission in writing (Art. 194 of the Code of Civil and Commercial Procedure).
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Selection of Arbitral Tribunal. In Belgium, the law of limitation is a matter of substantive law. An arbitral tribunal should apply the rules on limitation provided by Belgian law in case Belgian law governs the substance of the dispute. The limitation period generally depends on the type of claim. For contract claims, it is generally ten years, and for tort claims, generally five years (Article 2262bis Civil Code), although specific laws can provide shorter limitation periods.
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Selection of Arbitral Tribunal. 5.1 Are there any limits to the parties’ autonomy to select arbitrators? The provisions of Libyan law guarantee the parties’ full autonomy to select arbitrators. Consequently, the parties are free to appoint either nationals or foreign citizens as members of an arbitral tribunal. The sole substantial requirement of the Code of Civil Proceeding (Article 741) pertains to the civil capacity of the arbitrators. Arbitrators may not be: a minor; a person under a disability or deprived of his civil rights due to a criminal sanction; or a non- rehabilitated bankrupt. Unless they are appointed by the Court (on behalf of a defaulting party), the arbitrators must accept their mission in writing (Article 747). Additionally, it is worth mentioning that Libyan magistrates may only be appointed upon the due authorisation of the Judicial Council, acting as the supervisory body of the Libyan magistracy. Regarding the number of arbitrators that may be appointed by the parties, the Code of Civil Procedure unsurprisingly requires the arbitral tribunal to be composed of an odd number of arbitrators (Article 744). However, disputes regarding administrative contracts may not be arbitrated by a sole arbitrator, pursuant to the provisions of the Decree on administrative contracts (Article 99, as amended in 2007). Finally, in the very specific event of equity arbitration (amiable composition), the parties are required to nominate the arbitrators in the arbitration clause or in the arbitration submission agreement, in accordance with the provisions of Article 745 of the Code of Civil Procedure. Civil Proceeding, the Court decision purposing to nominate an arbitrator on behalf of a defaulting party is not open to appeal.
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Selection of Arbitral Tribunal. 4.1 How is the law applicable to the substance of a dispute determined?
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Selection of Arbitral Tribunal. 5.1 Are there any limits to the parties' autonomy to select arbitrators? The law does not impose any limits on the parties' autonomy to select arbitrators. An arbitrator need not have any special qualification or training or be a member of the bar. Persons, known to or in the employment of one or more of the parties may be appointed so long as full disclosure is made (and not objected to).
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Selection of Arbitral Tribunal. 5.1 Are there any limits to the parties' autonomy to select arbitrators? Generally, selection and appointment of arbitrators is left at the free choice of the parties. However, selection process must ensure equal treatment of the parties and the arbitrators should also fulfil the requirements for independence and impartiality and for possession of the agreed professional qualifications and expertise. It should also be mentioned that according to the ICAA, only physical persons (Bulgarian or foreign citizens in case of international arbitration and Bulgarian citizens in case of domestic arbitration) could be nominated and appointed as arbitrators. The selection of arbitrators is also subject to the requirements. Usually, arbitral institutions impose some additional restrictions to the autonomy of the parties to select arbitrators. For example, parties to domestic arbitration before the AC at the BCCI may appoint only arbitrators who are included it the AC's list of arbitrators. As already mentioned in question 2.2 above, in domestic arbitrations the parties can appoint as arbitrators only persons who are Bulgarian citizens, except for the cases where a party to the dispute although seated in Bulgaria is an enterprise with a prevailing foreign participation.
Sample 1
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Selection of Arbitral Tribunal. The Tribunal shall be composed of three (3)arbitrators. In the request for arbitration, the Party requesting arbitration (the “Claimant”) shall nominate one (1) arbitrator. The Party named as respondent by the Claimant (the “Respondent”) shall nominate one (1) arbitrator within the time period specified in the Rules. The two arbitrators nominated by the Claimant and the Respondent shall together nominate the third and presiding arbitrator of the Tribunal, who shall be of a different nationality than the Parties. If within the time limits established in the Rules a Party fails to nominate an arbitrator or the arbitrators nominated by the Parties have not appointed the presiding arbitrator, such appointment shall be made by the ICC. Any replacement for an arbitrator shall be nominated by the Party originally entitled to make the relevant nomination.
Sample 1
Selection of Arbitral Tribunal. An arbitral tribunal of three arbitrators (the "Tribunal") shall be established in conformity with the Comprehensive Arbitration Rules and Procedures of JAMS, excluding Rule 30 thereof, in effect at the time such arbitration is commenced. Each party shall appoint an arbitrator within 15 days after the date of a request to initiate arbitration, and the two appointed arbitrators will then jointly appoint a third arbitrator within 15 days after the date of the appointment of the second arbitrator, to act as chairman of the Tribunal. Arbitrators not appointed within the time limits set forth in the preceding sentence shall be appointed by JAMS.
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Related to Selection of Arbitral Tribunal

  • Selection of Arbitrator The Claims shall be resolved by a single arbitrator. The arbitrator shall be selected in accordance with the Rules, and must have experience in the types of financial transactions at issue in the Claims. In the event of a conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall supersede the conflicting Rules only to the extent of the inconsistency. If AAA is unavailable to resolve the Claims, and if you and we do not agree on a substitute forum, then you can select the forum for the resolution of the Claims.

  • Selection of Arbitrators 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators:

  • Initiation of Arbitration Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.

  • Location of Arbitration The arbitration shall take place in Oklahoma City, Oklahoma, and the arbitrator shall issue any award at the place of arbitration. The arbitrator may conduct hearings and meetings at any other place agreeable to the parties or, upon the motion of a party, determined by the arbitrator as necessary to obtain significant testimony or evidence.

  • Compensation of Arbitrator Any such arbitration will be conducted before a single arbitrator who will be compensated for his or her services at a rate to be determined by the parties or by the American Arbitration Association, but based upon reasonable hourly or daily consulting rates for the arbitrator in the event the parties are not able to agree upon his or her rate of compensation.

  • Cost of Arbitration The fees for a single Arbitrator or a Chair of a Board of Arbitration shall be shared equally by the parties. Other costs incurred by each party shall be the responsibility of that party.

  • Authority of Arbitrator The expedited arbitrator shall have the same powers and authority as an arbitration board established under the provisions under the Labour Relations Code.

  • Selection and Payment of Arbitrator (a) Within ten (10) calendar days after the Service Date, Investor shall select and submit to Company the names of three (3) arbitrators that are designated as “neutrals” or qualified arbitrators by Utah ADR Services (xxxx://xxx.xxxxxxxxxxxxxxx.xxx) (such three (3) designated persons hereunder are referred to herein as the “Proposed Arbitrators”). For the avoidance of doubt, each Proposed Arbitrator must be qualified as a “neutral” with Utah ADR Services. Within five (5) calendar days after Investor has submitted to Company the names of the Proposed Arbitrators, Company must select, by written notice to Investor, one (1) of the Proposed Arbitrators to act as the arbitrator for the parties under these Arbitration Provisions. If Company fails to select one of the Proposed Arbitrators in writing within such 5-day period, then Investor may select the arbitrator from the Proposed Arbitrators by providing written notice of such selection to Company.

  • Notice of Arbitration If a Person asserts that there exists a Dispute, then such Person (the “Disputing Person”) will give each other Person involved in such Dispute a written notice setting forth the nature of the asserted Dispute. If all such Persons do not resolve any such asserted Dispute prior to the 10th business day after such notice is given, then any of them may commence arbitration pursuant to this Paragraph 19 by giving each other Person involved in such Dispute a written notice to that effect (an “Arbitration Notice”), setting forth any matters which are required to be set forth therein in accordance with the AAA Rules.

  • Scope of Arbitration The Executive expressly understands and agrees that claims subject to arbitration under this section include asserted violations of the Employee Retirement and Income Security Act of 1974; the Age Discrimination in Employment Act; the Older Worker’s Benefit Protection Act; the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964 (as amended); the Family and Medical Leave Act; any law prohibiting discrimination, harassment or retaliation in employment; any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress; or the public policy of any state, or any federal, state or local law.

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