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APPOINTMENT
OF AN ARBITRATOR
WHO
MAY BE APPOINTED
A person of any nationality may be an arbitrator, unless otherwise
agreed by the parties. In case of an international commercial arbitration,
where the parties belong to different nationalities, the Chief Justice
of India may appoint an arbitrator of a nationality other than that
of the parties.
NUMBER
OF ARBITRATORS
The
reference may be made either to a single arbitrator or a panel of
odd number (i.e. 3, 5,7, etc.) of arbitrators. The parties are free
to fix the number of arbitrators by agreement. If there is no agreement,
the reference shall be made to a sole arbitrator.
GROUNDS FOR
CHALLENGING APPOINTMENT
The
appointment of an arbitrator may be challenged if
-
circumstances
exist that give rise to justifiable doubts as to his independence
or impartiality or
-
he
does not posses the qualifications agreed to by the parties.
PLACE OF ARBITRATION
The
parties are free to agree on the place of arbitration and failing
an agreement to do so the place shall be determined by the arbitral
tribunal having regard to the circumstances of the case and convenience
of the parties.
WHO
MAY REFER TO ARBITRATION?
An
arbitration agreement is a contract and thus, any party to such
an agreement must have the capacity to contract.
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