ENGLISH

Rules

Services rendered by the ICC in ad hoc arbitrations under the UNCITRAL Arbitration Rules.

Article 1

Appointment of Sole or Presiding Arbitrator

When requested to act as the appointing authority and to appoint a sole or presiding (third) arbitrator, the ICC will follow the list-procedure set forth in the UNCITRAL Rules (Art. 6 Section 3) unless all parties agree that the list-procedure is not appropriate for the case. In selecting arbitrators, the ICC will choose qualified persons having the necessary professional and business background primarily from among those who have previously acted as arbitrators under the ICC Arbitration Rules. The ICC will carefully consider the nature of the case as described in the notice of arbitration in order to include in the list (if the list-procedure is considered appropriate) only those persons whose knowledge and experience as arbitrators are recognised in this particular field.

When appointing the sole or presiding arbitrator under the UNCITRAL Rules the ICC will follow its usual practice and, insofar as possible, designate a person of a nationality other than the nationalities of the parties, unless the parties agree otherwise in writing. In order to fulfil the functions of appointing authority the ICC through its Court of Arbitration will constitute a special committee ("the UNCITRAL Committee") of three persons chosen from among the members of the ICC Court of Arbitration under the chairmanship of its Chairman. (The Chairman may designate a Vice-Chairman of the Court to replace him during a session of the UNCITRAL Committee).

The UNCITRAL Committee will sit in principle every two weeks. Its decisions are taken unanimously. If the decision cannot be taken unanimously the matter is referred to the plenary session of the ICC Court of Arbitration.