Answer ... The parties are free to agree on the procedure to appoint the arbitrator or arbitrators. If, under the procedure agreed by the parties, a party fails to act as required under such procedure, the parties or two arbitrators cannot reach an agreement expected of them under such procedure, or a third party – including an institution – fails to perform any function entrusted to it under such procedure, any party may request the court or other authority specified in Law 24/2008 to take the necessary measure, unless the agreement on the appointment procedure provides for another means of securing the appointment. The court’s decision on the appointment is not subject to appeal.
In appointing an arbitrator, the court shall have due regard to any qualifications required of the arbitrator by agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator. In the case of a sole or third arbitrator, it shall also take into account the advisability of appointing an arbitrator of a different citizenship from the parties.
Answer ... No one is precluded, by reason of citizenship, from acting as an arbitrator, unless otherwise agreed by the parties.
Answer ... When a person is approached with a view to appointment as an arbitrator, he or she must disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. From the time of appointment and throughout the arbitral proceedings, an arbitrator must disclose without delay any such circumstances to the parties, unless they have already been informed of them. An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his or her impartiality or independence, or if he or she does not possess the qualifications agreed to by the parties. A party may challenge an arbitrator it has appointed or in whose appointment it has participated only for reasons of which it becomes aware after the appointment has been made.
Answer ... The parties are free to agree on a procedure for challenging an arbitrator.
Failing such agreement, a party that intends to challenge an arbitrator must, within 15 days of becoming aware of the constitution of the arbitral tribunal or of any grounds for challenge, send a written statement of the reasons for the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge. If a challenge under this procedure or any other procedure agreed by the parties is unsuccessful, the challenging party may, within 30 days of receipt of notice of the decision rejecting the challenge, have recourse to the court or the relevant arbitration institute, whose decision is not subject to appeal. The tribunal may continue the proceedings and may even issue an award in the meantime.
Answer ... The general duties apply to the arbitrators – that is, the arbitrators should be independent and impartial.
Answer ... (a) Procedure, including evidence?
Generally, the parties may freely agree on the rules of procedure. If no such rules are agreed, the tribunal will determine the rules of procedure at its own discretion. The competence of the tribunal includes determination of the admissibility, relevance and weight of evidence.
(b) Interim relief?
Arbitrators have the power to order interim measures. Such orders/interim awards are not enforceable in court.
(c) Parties which do not comply with its orders?
Generally, the tribunal will continue the procedure and issue its award on the basis of the available documents and evidence (including the parties’ behaviour).
(d) Issuing partial final awards?
Partial final awards are not regulated in the law and the concept is unfamiliar in local practice.
(e) The remedies it can grant in a final award?
The law does not limit the types of remedies that a tribunal can grant.
Arbitrators have the power to order interest (even compound interest) if the underlying agreement or the applicable substantive law so specifies and the statement of claim so requests.
Answer ... If any of the parties fails to appear in the hearing or fails to submit its evidence, the arbitration tribunal may continue the proceedings and may issue its award based on the available evidence.
Answer ... The legislation is silent on this issue and there is little practice in this field.