Arbitražna pravila UNCITRAL-a (engleski tekst)

Status propisa

Primena prema pravilima postupka

Prikazana Verzija

Opšte Informacije

DonosilacKomisija Ujedinjenih nacija za međunarodno trgovinsko pravo (UNCITRAL)

Arbitražna pravila UNCITRAL-a (engleski tekst)

Section IIČl. Article 7–Article 16

Composition of the arbitral tribunal

Article7

Number of arbitrators

1. If the parties have not previously agreed on the number of arbitrators, and if within 30 days after the receipt by the respondent of the notice of arbitration the parties have not agreed that there shall be only one arbitrator, three arbitrators shall be appointed.
2. Notwithstanding
paragraph 1
, if no other parties have responded to a party’s proposal to appoint a sole arbitrator within the time limit provided for in
paragraph 1
 and the party or parties concerned have failed to appoint a second arbitrator in accordance with , the appointing authority may, at the request of a party, appoint a sole arbitrator pursuant to the procedure provided for in
article 8, paragraph 2
, if it determines that, in view of the circumstances of the case, this is more appropriate.

Verzija člana

Otvori član u drugoj verziji zakona

3 verzije

UNCITRAL — izdanje 2010

Izbor otvara URL istog člana u odabranom izdanju.

Article8

Appointment of arbitrators (articles 8 to 10)

1. If the parties have agreed that a sole arbitrator is to be appointed and if within 30 days after receipt by all other parties of a proposal for the appointment of a sole arbitrator the parties have not reached agreement thereon, a sole arbitrator shall, at the request of a party, be appointed by the appointing authority.
2. The appointing authority shall appoint the sole arbitrator as promptly as possible. In making the appointment, the appointing authority shall use the following list-procedure, unless the parties agree that the list-procedure should not be used or unless the appointing authority determines in its discretion that the use of the list-procedure is not appropriate for the case:
a)
The appointing authority shall communicate to each of the parties an identical list containing at least three names;
b)
Within 15 days after the receipt of this list, each party may return the list to the appointing authority after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference;
c)
A fter the expiration of the above period of time the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties;
d)
If for any reason the appointment cannot be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitrator.

Verzija člana

Otvori član u drugoj verziji zakona

3 verzije

UNCITRAL — izdanje 2010

Izbor otvara URL istog člana u odabranom izdanju.

Article9
1. If three arbitrators are to be appointed, each party shall appoint one arbitrator. The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator of the arbitral tribunal.
2. If within 30 days after the receipt of a party’s notification of the appointment of an arbitrator the other party has not notified the first party of the arbitrator it has appointed, the first party may request the appointing authority to appoint the second arbitrator.
3. If within 30 days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the appointing authority in the same way as a sole arbitrator would be appointed under
article 8
.

Verzija člana

Otvori član u drugoj verziji zakona

3 verzije

UNCITRAL — izdanje 2010

Izbor otvara URL istog člana u odabranom izdanju.

Article10
1. For the purposes of
article 9, paragraph 1
, where three arbitrators are to be appointed and there are multiple parties as claimant or as respondent, unless the parties have agreed to another method of appointment of arbitrators, the multiple parties jointly, whether as claimant or as respondent, shall appoint an arbitrator.
2. If the parties have agreed that the arbitral tribunal is to be composed of a number of arbitrators other than one or three, the arbitrators shall be appointed according to the method agreed upon by the parties.
3. In the event of any failure to constitute the arbitral tribunal under these Rules, the appointing authority shall, at the request of any party, constitute the arbitral tribunal and, in doing so, may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrator.

Verzija člana

Otvori član u drugoj verziji zakona

3 verzije

UNCITRAL — izdanje 2010

Izbor otvara URL istog člana u odabranom izdanju.

Article11

Disclosures by and challenge of arbitrators** (articles 11 to 13)

When a person is approached in connection with his or her possible appointment as an arbitrator, he or she shall disclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence. An arbitrator, from the time of his or her appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties and the other arbitrators unless they have already been informed by him or her of these circumstances.

Verzija člana

Otvori član u drugoj verziji zakona

3 verzije

UNCITRAL — izdanje 2010

Izbor otvara URL istog člana u odabranom izdanju.

Article12
1. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence.
2. A party may challenge the arbitrator appointed by it only for reasons of which it becomes aware after the appointment has been made.
3. In the event that an arbitrator fails to act or in the event of the de jure or de facto impossibility of his or her performing his or her functions, the procedure in respect of the challenge of an arbitrator as provided in
article 13
 shall apply.
Article13
1. A party that intends to challenge an arbitrator shall send notice of its challenge within 15 days after it has been notified of the appointment of the challenged arbitrator, or within 15 days after the circumstances mentioned in became known to that party.
2. The notice of challenge shall be communicated to all other parties, to the arbitrator who is challenged and to the other arbitrators. The notice of challenge shall state the reasons for the challenge.
3. When an arbitrator has been challenged by a party, all parties may agree to the challenge. The arbitrator may also, after the challenge, withdraw from his or her office. In neither case does this imply acceptance of the validity of the grounds for the challenge.
4. If, within 15 days from the date of the notice of challenge, all parties do not agree to the challenge or the challenged arbitrator does not withdraw, the party making the challenge may elect to pursue it. In that case, within 30 days from the date of the notice of challenge, it shall seek a decision on the challenge by the appointing authority.

Verzija člana

Otvori član u drugoj verziji zakona

3 verzije

UNCITRAL — izdanje 2010

Izbor otvara URL istog člana u odabranom izdanju.

Article14

Replacement of an arbitrator

1. Subject to
paragraph 2
, in any event where an arbitrator has to be replaced during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in that was applicable to the appointment or choice of the arbitrator being replaced. This procedure shall apply even if during the process of appointing the arbitrator to be replaced, a party had failed to exercise its right to appoint or to participate in the appointment.
2. If, at the request of a party, the appointing authority determines that, in view of the exceptional circumstances of the case, it would be justified for a party to be deprived of its right to appoint a substitute arbitrator, the appointing authority may, after giving an opportunity to the parties and the remaining arbitrators to express their views: (a) appoint the substitute arbitrator; or (b) after the closure of the hearings, authorize the other arbitrators to proceed with the arbitration and make any decision or award.

Verzija člana

Otvori član u drugoj verziji zakona

3 verzije

UNCITRAL — izdanje 2010

Izbor otvara URL istog člana u odabranom izdanju.

Article15

Repetition of hearings in the event of the replacement of an arbitrator

If an arbitrator is replaced, the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his or her functions, unless the arbitral tribunal decides otherwise.
Article16

Exclusion of liability

Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, the appointing authority and any person appointed by the arbitral tribunal based on any act or omission in connection with the arbitration.

Verzija člana

Otvori član u drugoj verziji zakona

3 verzije

UNCITRAL — izdanje 2010

Izbor otvara URL istog člana u odabranom izdanju.