Section 3: Section 3: Composition of Arbitral Panel
Article 13 - Number of arbitrators(1) The parties are free to determine the number of arbitrators provided that it is an odd number.(2) Failing such determination, the number of arbitrators shall be three unless, in the case of an
Administered Arbitration, the arbitral institution considers it appropriate to have a sole arbitrator.
Article 14 - Appointment of arbitrators(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.(2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs 14(4) and 14(5) of this Article.(3) Failing such agreement,(A) in an
Arbitrationwith three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within 30 days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within 30 days of their appointment, the appointment shall be made, upon request of a party, by the QFC Tribunal;(B) in an Arbitrationwith a sole arbitrator, if the parties are unable to agree on the arbitrator within 30 days of receipt of a request to do so from the other party, he shall be appointed, upon request of a party, by the QFC Tribunal.(4) Where, under an appointment procedure agreed upon by the parties,(A) a party fails to act as required under such procedure; or(B) the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure; or(C) a third party, including an arbitral institution, fails to perform any function entrusted to it under such procedureany party may request the QFC Tribunalto take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.(5) A decision on a matter entrusted by paragraph 14(3) or 14(4) of this Article to the QFC Tribunalshall not be subject to appeal. The Court, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than that of any party.
Article 15 - Grounds for challenge(1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties and any arbitral institution administering the
Arbitrationunless they have already been so informed by him.(2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.
Article 16 - Challenge procedure(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of paragraph 16(3) of this Article.(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the
Arbitral Panelor after becoming aware of any circumstance referred to in Article 15(2), send a written statement of the reasons for the challenge to the Arbitral Panel. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the Arbitral Panelshall decide on the challenge.(3) If a challenge under any procedure agreed upon by the parties or under the procedure of paragraph 16(2) of this Article is not successful, the challenging party may request, within thirty days after having received notice of the decision rejecting the challenge, the QFC Tribunalto decide on the challenge, which decision shall be subject to no appeal; while such a request is pending, the Arbitral Panel, including the challenged arbitrator, may continue the arbitral proceedings and make an Award.
Article 17 - Failure or impossibility to act(1) If an arbitrator becomes as a matter of fact or law unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination. Otherwise, if a controversy remains concerning any of these grounds, any party may request the
QFC Tribunalto decide on the termination of the mandate, which decision shall be subject to no appeal.
Article 18 - Appointment of substitute arbitrator
Where the mandate of an arbitrator terminates under Articles 16 or 17 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced, unless otherwise agreed by the parties.
Article 19 - Immunity of arbitrator
An arbitrator shall not be liable for anything done or omitted in the discharge or purported discharge of his functions as arbitrator unless the act or omission is shown to have been in bad faith.