arbitrator appointment

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ARBITRATION:

Appointment Of Arbitrator

30 May, 2012 1JAMALUDIN YAAKOB
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CONTENT

Learning Outcomes

Introduction

Governing Laws

Arbitration Act 2005

KLRCA Arbitration Rules

PWD 2010

APPOINTENT OF ARBITRATOR

230 May, 2012 JAMALUDIN YAAKOB
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Learning Outcomes



At the end of the lecture students should be able

to explain and relate the procedures for theappointment of arbitrators under the

Arbitration Act 2005, the KLRCA Arbitration

Rules, the PWD 2010standard form of contract.


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Learning Outcomes



Arbitration

Act 2005

PWD 2010

KLRCS

Rules


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Introduction

Generally, it may be said that construction works arebreeding grounds for disputes.

There are various factors that can give rise to many disputesin construction works, inter alia:

unfair risk allocation,

unrealistic expectations and schedules,

poorly prepared contract documents,

financial issues,communication problems, and even

the economy




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Introduction



Negotiation

Methods of

resolving disputes

in construction

contracts:

Mediation

Arbitration

Litigation

Adjudication(CIPAA)


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Introduction



There are many advantages (as well as disadvantages)

of using arbitration as a method of resolving disputes.

One of the advantages is, the parties may appoint thearbitrator of their choice that will resolve their

dispute (award).

It is believed that an arbitrator is a better judge to

make decisions relating technical disputes.


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Governing Laws



Arbitration Act

2005

Arbitration

(Institutional) Rules

Arbitration

Agreement/Clause

PAM Arbitration Rules

UNCITRAL Arbitration

Rules

KLRCA ArbitrationRules

PAM 2006

PWD 2010 CIDB 2000

IEM xxxx
http://act%20646.pdf/http://act%20646.pdf/http://uncitral-arbitration-rules-of-1976.pdf/http://uncitral-arbitration-rules-of-1976.pdf/http://klrca-rules-20081.pdf/http://klrca-rules-20081.pdf/http://klrca-rules-20081.pdf/http://klrca-rules-20081.pdf/http://uncitral-arbitration-rules-of-1976.pdf/http://uncitral-arbitration-rules-of-1976.pdf/http://act%20646.pdf/http://act%20646.pdf/


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Appointment

of Arbitrator

Number of

Arbitrators

Appointment

of Arbitrators
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Section 12

Number of

Arbitrators

Parties are free to determine

number of arbitrators

Default - international arbitration -

3 arbitratorsDefault - domestic arbitration - 1

arbitrator

Appointment by default.....Section 13

Procedure
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Section 12



(1) The parties are free to determine the number of

arbitrators.

(2) Where the parties fail to determine the number of

arbitrators, the arbitral tribunal shall

(a) in the case of an international arbitration,

consist of three arbitrators; and

(b) in the case of a domestic arbitration, consist of

a single arbitrator.


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Section 13



Nationality

(1) Unless otherwise agreed, no person shall be

precluded by reason of nationality from

acting as an arbitrator.

Procedure of

appointment

(2) The parties are free to determine the

procedure.

Failure toappointment

(5)Appointment by the Director of KLRCA.

(7)Appointment by the High Court.


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PWD 2010



Clause

66

Clause

66.1 Dispute

Person

Named

Written Notice

Clause

66.2Person

NamedBinding

Written Decision
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PWD 2010



Clause

66

Clause

66.3No

Decision

Arbitration

Notice

Within 45 days

from cl. 66.1 notice

Not

Satisfied

Within 45 days

after decision

OR

Arbitration

Notice


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PWD 2010



Clause

66

Clause

66.3 KLRCAArbitration

Rules

Parties fail toappoint

Director ofKLRCA

Director fails

to appoint

The

High Court

After 45

days from

cl. 66.1notice

Time linenot clear

See

KLRCARules

SeeKLRCA

Rules
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Interpretation Act 1967



Computation of time

54. (1) In computing time for the purposes of any

written law

(a) a period of days from the happening of an event or the

doing of any act or thing shall be deemed to be exclusive

of the day on which the event happens or the act or thing

is done;

Sending:

The day after


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Receive of Notice



Receiving:

The day after

Article 2:

6.

For the purpose of calculating a period of

time .... such period shall begin to run on

the day following the day when the notice

is received.


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O O O


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Notice: KLRCA Rules



Clause

67

Article 2:

1.

A notice ... May be transmitted by any

means of communication that provides .....

...for a record of its transmission

Article 2:

1.

A notice ... May be transmitted by any

means of communication that provides .....

...for a record of its transmission


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PWD 2010



Date of

Notice

Clause

66

Article 3(2) UNCITRAL Arbitration Rules:

the date the respondent receives the

arbitration notice.



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KLRCA Rules



Rules for Arbitration

(as Revised in 2010)

Part I: Rules for Arbitration of KLRCA (as revised in 2010)

Part II: UNCITRAL Arbitration Rules (as revised in 2010)



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KLRCA Rules: Appointing Authority



Rule 22.

Parties may agree to use other than KLRCA asthe Appointing Authority

Part I Rules for Arbitration of KLRCA



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KLRCA Rules



Notices

Appointing

Authority

Appointing

Authority



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KLRCA Rules: Notices



Rule 2

1.

All notices from one party to the other, a copy

should be also served on the KLRCA Director

One copy to

the Director of

KLRCA.



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KLRCA Rules: Notices



Rule 2

1. (a)

Within 40 days from notice of

arbitration received by the respondent;

or

Time Line for

Appointment of

Arbitrator by

Director of KLRCA.

Rule 2

1. (b)

(as) had been agreed upon by the

parties



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PAM 2006





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CIDB 2000




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Introduction

There are many advantages as well as disadvantagesof using arbitration as a method of resolving disputes.





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Introduction

Generally, it may be said that construction works are

breeding grounds for disputes.

The first stage in the arbitration proceedings is the

appointment of the arbitrator. It is usual for a claimant to include in the arbitration

notice the nominees for appointment as arbitrator





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Governing Rules

Generally, it may be said that construction works are

breeding grounds for disputes.

The first stage in the arbitration proceedings is the

appointment of the arbitrator. It is usual for a claimant to include in the arbitration

notice the nominees for appointment as arbitrator




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arbitrator appointment

Documents