Commentary

20 Procedure for appointment of arbitrators

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

20 Procedure for appointment of arbitrators

| Commentary

20 Procedure for appointment of arbitrators

The procedure for appointing arbitrators is set out in the Arbitration Act 1996 Section 16, which establishes the general rule that parties are free to agree on rules for the formation of the arbitral tribunal1. These matters will commonly be addressed in the arbitration agreement, either directly or by incorporating a particular set of arbitration rules. The parties’ agreement should, as far as possible, be preserved2.

Where the parties have not agreed on a procedure for appointing the tribunal, or the agreement covers only some aspects of the appointment process (for example, where the parties

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