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Select the arbitrator is a very important step in the arbitration proceedings. 30th, 31st of the arbitration law of the people's Republic of China provides that the arbitral tribunal composed of three arbitrators or one arbitrator, arbitral tribunal composed of persons appointed by the parties in the arbitration panel of arbitrators selected in or authorize the Chairman of the Arbitration Commission. Therefore, thechoice of arbitrators is the parties ' rights and obligations under the law, but alsodirectly related to the arbitration case can be conducted in a fair and timely manner, the parties to this is not to be taken lightly.
Selecting arbitrators should take three principles:
1, select the arbitrator familiar with the expertise. Arbitrators are under ArbitrationCommittee appointed from senior legal professionals, so arbitrators have a goodmoral quality; but due to the arbitrators ' career is different, its familiar with professional knowledge is also different. Choose familiar with the expertise of the arbitrator to arbitration related cases more quickly and accurately grasp the focus of controversy, distinguish right from wrong responsibility, propose the best solution toresolve the dispute, so as to improve the efficiency and quality of arbitration. Thearbitrators if parties choose expertise are not familiar with, such as the select construction arbitrator to hear financial cases, even if the arbitrator is trying to put thecase well, but due to the lack of expertise are often difficult to equal. Once when awritten expression of the arbitrator is selected, if there is no sufficient reason for an arbitrator should withdraw, this option cannot be changed, therefore, the partiesin selecting the arbitrators should be very cautious.
2, may choose not to comply with the statutory conditions for withdrawal should be an arbitrator. 34th article of the arbitration law of the people's Republic of China, an arbitrator has one of the following situations must be avoided; it is a party tothe case or close relatives of the parties or agents; and have a stake in this case; and a party to the case, the agents have other relationships, could affect the impartial arbitration; privately met with the party, agent, or accept the parties or agents treat or gift. Because the other parties to meet legal requirements to avoid the subject of arbitrators the right to apply for the withdrawal, due to the other party terminate the whole arbitration procedures for challenge, you will extend the time of the arbitration, are good for both sides.
3, you must select an arbitrator within the time prescribed. Each have their own arbitration rules or arbitration bodies, arbitration rules for selected time restrictionsare imposed. Arbitral institutions after the case, will be issued to the parties separately and the Panel of arbitrators of the arbitration rules, the parties must be selected arbitrator within the time limit provided for in the arbitration rules. In accordance with the provisions of the arbitration law of the people's Republic of China article 32nd, parties within the arbitration rules provide that the term of validity of the selected arbitrator, arbitration institutions will be treated as waiver of such a right,by the Arbitration Committee composed of arbitrators Arbitration Tribunal.
In conclusion, the Parties communicated to the Panel of arbitrators of the Arbitration Committee must carefully read, should be carefully selected in accordance withthe arbitration rules of, exercising its rights under law.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311