Federal Arbitration Law

Article 11 — Article (11) Method of Nomination of the Arbitral Tribunal

Chapter Three: Arbitral Tribunal

1. The parties to Arbitration may mutually agree on the procedures to be followed to appoint the Arbitrator or Arbitrators, and on the period of time and method for effecting their appointment. 2. If the arbitration tribunal is composed of a sole arbitrator and the Parties fail to reach agreement concerning nomination of the Arbitrator within (15) fifteen days from the date of submission of a written request from one of the parties to inform the other party of the same, the body concerned shall appoint such arbitrator, at the request of any of the parties. Such decision shall not be subject to appeals in any way whatsoever, without prejudice to the provisions of Article (14) of this Law; 3. If three arbitrators are to be appointed, each party shall nominate one arbitrator. The two arbitrators thus appointed shall nominate the third arbitrator. If one of the parties fails to nominate its arbitrator within fifteen (15) days following the receipt of a request made by the other party, or if both the appointed arbitrators fail to arrive at an agreement concerning the nomination of a third arbitrator within fifteen (15) days after the latter of them was appointed, the competent court or the delegated person shall appoint such third arbitrator on an expedited basis upon a request made by one of the parties. Such decision shall not be subject to appeals in any way whatsoever, without prejudice to the provisions of Article (14) of this Law; 4. The body concerned, whilst nominating the arbitrator, shall take into consideration the provisions laid down in this Law and the conditions agreed upon by both the parties in order to ensure appointment of an independent and impartial arbitrator. 5. In cases where the delegated person fails to appoint an arbitrator in accordance with the procedures determined upon the agreement of the parties or in accordance with the provisions of this Law in case of failure to reach an agreement, any of the parties may request from the court to take the necessary action in order to complete the formation and appointment of the members of the Arbitral Tribunal. The award of the court shall not be subject to appeal in any way whatsoever. 6. If an application for appointment of an arbitrator is submitted to the body concerned, the applicant shall send a copy of such application at the same time to the other parties and to any arbitrator previously appointed in the same dispute. The application shall briefly refer to the subject matter of the dispute and any requirements required by the Arbitration Agreement to be met in the arbitrator to be appointed and all steps taken to appoint any other member in the Arbitral Tribunal. 7. The third arbitrator appointed in accordance with the provisions of this Article shall act as the presiding arbitrator of the Arbitral Tribunal. Such provision shall be applicable to the Arbitral Tribunal comprising of more than three arbitrators. 8. The court may, at the request of any of the parties, request from any arbitral entity in the State to provide it with a list of no more than six names of the persons specialized in the field of arbitration to appoint one of them, after the requesting party pays the fees prescribed in the arbitral entity. Such fees shall be deemed part of the arbitration costs.

WAWhatsAppTGTelegram