2. (a)
What is the minimum and the
maximum number of arbitrators
to be appointed ?
3. • depend on the arbitration agreement.
• not provide in agreement ?
a) deemed to follow the appointment under section
12 of the Arbitration Act.
b) free to determine the number of the arbitrators.
c) If parties fail to determine :
• International arbitration, there will be 3
arbitrators.
• Domestic arbitration, it will consist a single
arbitrator.
5. Qualifications required of the arbitrator
by the agreement of the parties.
Other considerations which are likely to
secure the appointment of an
independent an impartial arbitrator.
The advisability of appointing an
arbitrator of a nationality other than
those of the parties for international
arbitration.
6. 1. Appointment by parties
Parties are also free to decide and agree on a
procedure for appointing the arbitrator or the
presiding arbitrator under s. 13(2) of the Act,
fail to agree
each party then will appoint one arbitrator
two appointed arbitrator will appoint the third
arbitrator
7. 2. Appointment by Director of KLRCA .
Situations:
party fails to appoint an arbitrator within 30
days of receipt of a request
two arbitrators fail to agree on the third
arbitrator within 30 days of their appointment
single arbitrator : where the parties fail to
agree on the procedure in subsection(2) and
the parties fail to agree on the arbitrator
8. Under such procedure,
Parties have agreed on the procedure
for appointment of the arbitrator but a
party fails to act as required
The parties or two arbitrators are
unable to reach an agreement
Third party including an institution fails
to perform any function entrusted to it
9. 3. Appointment by High Court.
Failure or disable part of Director of
KLRCA to act under subsections (4),
(5) and (6) within 30 days from the
request.
10. (c)
If any of the parties is not satisfied
with the arbitrator so appointed,
briefly explain the grounds to
challenge such arbitrator and the
steps to be taken in making such
challenge.
11. Section 14 of the Arbitration Act
GROUNDS FOR CHALLENGE
An arbitrator may be challenged only if :
There is justifiable The arbitrator
doubts as to that does not possess
arbitrator’s qualifications
impartiality or agreed to by the
independence. parties.
12. Section 15 of the Arbitration Act
CHALLENGE PROCEDURE
The party who intends to
challenge shall within 15
days, send a written statement of
the “reasons for the challenge” to
the Arbitral Tribunal.
The Arbitral Tribunal shall make
decision on the challenge.
(Unless the challenged arbitrator
withdraws from office or the
other party agrees to the
challenge)
13. If not successful, the challenging
parties may within 30 days after
received notice of the decision
rejecting the challenge, apply to High
Court to make a decision on the
challenge.
While such an applicant is pending,
the Arbitral Tribunal and the
challenged arbitrator may continue
the arbitral proceedings and make an
award.
No appeal shall lie against the
decision of the High Court.
14. (d)
What are the processes involved
in the arbitral proceedings
conducted by the arbitrator/s?
15. Under s.5, before conduct the proceeding, appoint an arbitrator.
Decide on the procedure.
Under s.21, the parties are free to agree on the procedure to be
followed by the Arbitral Tribunal in conducting the proceedings.
Seat of the arbitration and place to conduct the proceeding
16. The arbitral proceeding will be commenced on the date on
which a request in writing for that dispute to be referred to
arbitration is received by the respondent.
The claimant will show the facts to support his claim, the
points at issue and the remedy sought by him.
If he fails to communicate the statement of claim to the
respondent, the tribunal shall terminate the proceeding.
The respondent will state his defence.
If he fails to communicate the statement of defence to the
claimant, the tribunal shall continue the proceeding.
Under s.26, the parties shall decide whether to hold oral hearings
or oral argument or the proceeding shall be conducted on the
basis of documents and other materials.
17. If the parties agreed to have an oral hearing, the Arbitral
Tribunal shall upon the application of any party hold oral
hearing at an appropriate stage of proceeding.
If any party fails to appear at the hearing, the tribunal will
continue the proceedings.
Before conducting the hearing or meeting, the parties shall be
given reasonable notice for the purpose of inspection of
goods, properties or documents.
The documents or the information that supplied to the tribunal
shall be communicated to the other party.
Within the process of hearing, the parties shall be treated with
equality and be given a fair and reasonable opportunity in
presenting their case.
18. In term of language used, the parties are free to agree on what
language they want to use.
When closing the case, the arbitrator will give the awards.
19. Under s.33, an award shall be made in writing and be signed by
the arbitrator.
An award shall state the reasons upon which it is based unless
the parties have agreed that no reason are to be given or the
award is an award on agreed terms under s.32.
The award shall state its date and the seat of arbitration.
After an award is made, a copy of the award signed by the
arbitrator will be delivered to each party.
The awards given by the arbitrators are final and binding.
