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September 17, 2013|
An arbitrator can be appointed directly by name (this is not the common method used), through the court or through the arbitration centre. If you agree for the court or arbitration centre to appoint an arbitrator you need to make an application. The arbitration provisions of the Civil Procedure Code contain mandatory provisions concerning the appointment of an arbitrator. There must be an odd number of arbitrators, although there is no limit set on the number of arbitrators.
The arbitrator must also satisfy certain other requirements. He must not under The UAE Civil Procedure Code, Federal Law No. 11 of 1992, Article 206:
If the parties fail to agree on the number or identity of the arbitrators, the UAE courts are tasked with making the appointments, which will be final and cannot be appealed. Moreover, under Article 207 if a party wishes to challenge and potentially remove an arbitrator, he or she can only do so after the appointment has been made. The reasons for removal require the same grounds as for a public judge can be challenged and dismissed; namely if there are justifiable doubts as to his impartiality or independence, if he does not possess the qualifications agreed by the parties, or if the arbitrator has deliberately neglected to act in accordance with the arbitration agreement. A party’s application to remove an arbitrator must be made within five days of notification of the appointment of the arbitrator or the date on which the reasons for dismissal became known.
The parties are free to decide the number of arbitrators, though in the absence of such agreement the default position is that there will be one. If the parties are unable to agree on the identity of an arbitrator, the court will make the appointment within 30 days of a request by a party, and the appointment cannot be appealed.
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