Section 12: Appointment of arbitrators

12. Appointment of arbitrators (1) Unless otherwise agreed by the parties, no person shall be precluded by reason of his nationality from acting as an arbitrator. continued on page I15A – 9 [Issue 7] I15A – 8 (2) Revised Laws of Mauritius (2) Subject to subsections (4) and (5), the parties shall be free to agree on a procedure for appointing the arbitral tribunal. (3) Insofar as there is no agreement pursuant to subsection (2)— (a) in an arbitration with 3 arbitrators— (i) each party shall appoint one arbitrator, and the 2 arbitrators thus appointed shall appoint the third arbitrator who shall act as presiding arbitrator; and (ii) where a party fails to appoint an arbitrator within 30 days of receipt of a request to do so from the other party, or where the 2 arbitrators fail to agree on the third arbitrator within 30 days of their appointment, the appointment shall be made, on the request of a party, by the PCA; (b) in an arbitration with a sole arbitrator, where the parties have failed to agree on the arbitrator within 30 days of receipt of a request from a party, he shall be appointed, on the request of a party, by the PCA; (c) where the arbitral tribunal is to be composed of a number of arbitrators other than one or 3, the arbitrators shall be appointed according to the method agreed upon by the parties, or, if those methods fail, in accordance with subsections (4) and (5); and (d) where there are multiple claimants or respondents, the multiple claimants, jointly, and the multiple respondents, jointly, shall each appoint an arbitrator, and the 2 arbitrators thus appointed shall appoint the third arbitrator who shall act as presiding arbitrator or, if this method of appointment fails, the appointment shall be made in accordance with subsections (4) and (5). (4) Where, under an appointment procedure agreed upon by the parties— (a) a party fails to act as required under that procedure; (b) the parties, or any arbitrators already appointed, are unable to reach an agreement expected of them under that procedure; or (c) a third party, including an arbitral institution, fails to perform any function entrusted to it under that procedure, any party may request the PCA to take any necessary measures, unless the agreement on the appointment procedure provides other means for securing the appointment. (5) In the event of any other failure to constitute the arbitral tribunal, any party may request the PCA to take any necessary measures, unless the agreement on the appointment procedure provides other means for resolving the failure. (6) The measures which the PCA may take under subsections (4) and (5) shall include— (a) giving directions as to the making of any necessary appointments; I15A – 9 [Issue 2] International Arbitration Act (b) directing that the arbitral tribunal shall be constituted by such appointments (or any one or more of them) as have been made; (c) revoking any appointment already made; (d) appointing or reappointing any or all of the arbitrators; and (e) designating any arbitrator as the presiding arbitrator. (7) The PCA, 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 or presiding arbitrator, shall also take into account the advisability of appointing an arbitrator of a nationality other than those of trators; and (e) designating any arbitrator as the presiding arbitrator. (7) The PCA, 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 or presiding arbitrator, shall also take into account the advisability of appointing an arbitrator of a nationality other than those of the parties.