Rule 25 Formation of Arbitral Tribunal
1. The arbitral tribunal shall be composed of one or three arbitrators.
The arbitral tribunal composed of three arbitrators shall have a
presiding arbitrator.
2. The parties may consult with each other to agree on the formation
of an arbitral tribunal within the period of appointing arbitrator(s).
Should the parties fail to agree thereon, the arbitral tribunal
shall be formed pursuant to these Rules.
3. Where the SZAC makes a decision that it has jurisdiction over
a case, the parties shall agree on the formation of the arbitral
tribunal and appoint the arbitrators five (5) days upon receipt
of the decision.
4. After accepting a case, the SZAC shall appoint a staff member
to act as the secretary of the arbitral tribunal and to be in charge
of the procedural administration.
Rule 26 Appointment of Arbitrators
1. An arbitrator shall be appointed from the Panel of Arbitrators
provided by the SZAC.
2. Where the parties agree that an arbitral tribunal be composed
of three arbitrators, each party shall appoint one arbitrator or
entrust the Chairman of the SZAC to make such appointment within
fifteen (15) days upon receipt of the Notice of Arbitration.
3. Where the parties agree that an arbitral tribunal be composed
of a sole arbitrator, they shall jointly appoint or jointly entrust
the Chairman of the SZAC to appoint the arbitrator.
4. Where there are two or more persons in a party, they shall jointly
appoint or jointly entrust the Chairman of the SZAC to appoint one
arbitrator.
5. Should the parties fail to appoint or entrust the Chairman of
the SZAC to appoint one arbitrator purauant to the aforesaid stipulations,
the Chairman of the SZAC shall make such appointment.
Rule 27 Appointment of Presiding Arbitrator
1. Within fifteen (15) days upon receipt of the Notice of Arbitration
by the Respondent, the Presiding arbitrator shall be jointly appointed
by the parties or appointed by the Chairman of the SZAC upon the
parties joint authorization.
2. The parties may each recommend one to seven arbitrators as candidates
for the presiding arbitrator within the time limit specified in
the above paragraph. The Chairman of the SZAC may also select some
arbitrators tailored to each case from the Panel of Arbitrators
as candidates for the presiding arbitrator to facilitate the parties.
The Presiding Arbitrator shall be appointed as follows:
i. Where there is only one common candidate both recommended by
the parties, such candidate shall be the Presiding Arbitrator.
ii. Where there are more than two (including two) common candidates
both recommended by the parties, the Chairman of the SZAC shall
appoint one of them as the Presiding Arbitrator.
iii. Where there is no common candidate recommended by the parties,
the Chairman of the SZAC shall appoint the Presiding Arbitrator
from among arbitrators other than the recommended candidates.
3. Where the parties fail to jointly appoint or jointly entrust
the Chairman of the SZAC to appoint the Presiding Arbitrator, the
Chairman of the SZAC shall make such appointment.
4. The appointment of a sole arbitrator shall be the same as that
of the Presiding Arbitrator as specified in these Rules.
Rule 28 Notice of Formation of Arbitral Tribunal
The SZAC shall in due time notify the parties of the formation
of the arbitral tribunal in writing and send the relevant documents
to the arbitrator(s).
Rule 29 Reasons for Challenge
1. An arbitrator shall declare withdrawal from the arbitral tribunal
on his/her own initiative if he/she finds himself/herself in one
of the following circumstances:
i. He/she is one of the parties to arbitration or a close relative
of the parties or of their representatives;
ii. He/she has personal interest in the case;
iii. He/she has other connections to the parties or to their representatives
that may affect the impartial arbitration; or
iv. He/she has personally met with the parties or their representatives
in private or has accepted their gifts or invitation to entertainment.
2. The parties shall have the right to challenge an arbitrator.
3. A party who intends to challenge an arbitrator shall state the
reasons and forward it prior to the first oral hearing. Where a
party becomes aware of the reasons for challenge after the first
oral hearing or the arbitration is conducted only on documents,
the party may forward its challenge before the arbitral award is
rendered.
Rule 30 Disclosure
After an arbitrator has accepted the appointment and gets to notice
that he/she is in the circumstances besides those specified in paragraph
1 of the preceding provision with the parties or their representatives
which likely give rise to justifiable doubt as to the impartiality
or independence of arbitration, he/she shall disclose it to the
SZAC on his/her own initiative.
Rule 31 Decision on Challenge
The Chairman of the SZAC shall make a decision as to whether an
arbitrator shall withdraw from the arbitral tribunal. In the event
that the Chairman of the SZAC has been challenged as an arbitrator,
the SZAC shall make a decision thereon.
Rule 32 Replacement of Arbitrator
1. In the event that an arbitrator becomes de jure or de facto
unable to perform its functions and may affect the arbitral proceedings,
both the arbitrator and the parties shall ask for replacement of
the arbitrator.
2. The Chairman of the SZAC shall make a decision on the replacement.
In the event that the Chairman of the SZAC acts as the arbitrator,
the SZAC shall make a decision thereon.
Rule 33 Reformation of Arbitral Tribunal
1. The decision on the withdrawal or replacement of an arbitrator
shall be forwarded the parties in writing. In the event that the
said arbitrator is appointed by the parties,they shall reappoint
another arbitrator within five (5) days upon receipt of the notice.
2. The provisions of Rule 26 and Rule 27 under these Rules shall
be applicable to the reappointment of an arbitrator.
3. The SZAC shall notify the parties of the reformation of an
arbitral tribunal in writing.
4. After an arbitral tribunal has been reformed, the parties may
request that the previous arbitral proceedings be repeated and the
arbitral tribunal shall make the decision. The arbitral tribunal
may also on its own initiative decide whether the previous arbitral
proceedings shall be repeated or not.
|
