Selection or Appointment of Arbitrators

If the disputing parties agree that the arbitral tribunal is to be composed of a sole arbitrator, they shall jointly select or request the chairman (or president) of the arbitration commission to appoint a sole arbitrator within the time period specified in the applicable arbitration rules.

If the disputing parties agree that the arbitral tribunal is to be composed of three arbitrators, each disputing party shall select one arbitrator or request the chairman of the arbitration commission to appoint one arbitrator within the time period specified in the applicable arbitration rules. Then the disputing parties shall jointly select or request the chairman to appoint a third arbitrator to serve as the chief arbitrator.

It should be noted that a third arbitrator may also be directly selected by the disputing parties, and the third arbitrator selected by the two arbitrators jointly selected by the disputing parties is deemed as selected by the disputing parties. In the case of two or more members of the claimant or respondent, the members of each party will be deemed as a single person and shall jointly make a selection or request the chairman to make an appointment.

In practice, a list of candidates for the presiding arbitrator may be recommended by the chairman for selection by the disputing parties. If the disputing parties fail to reach a consensus, the presiding arbitrator may be appointed by the chairman or jointly selected by the two arbitrators selected by the disputing parties. For detailed rules, please consult the arbitration rules of the arbitration commission agreed upon in your arbitration agreement.

Failure of Selection

Where the parties fail to agree on the composition of the arbitral tribunal or select arbitrators or a sole arbitrator within the time period specified in the arbitration rules, the chairman of the arbitration commission shall make an appointment.