الهيئة الدولية للتحكيم

كيفية تعيين المحكمين ،الهيئة الدولية للتحكيم

Appointment of arbitrators

(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless
otherwise agreed by the parties.
(2) Judges of Croatian courts may only be appointed as presiding arbitrators or as sole arbitrators.
(3) Parties are free to agree on the procedure of appointing the arbitrator or arbitrators, subject to the
provisions of paragraphs 4 and 5 of this article.
(4) Failing such agreement,
1) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two
arbitrators thus appointed shall appoint the third arbitrator as presiding arbitrator.
If a party fails to appoint an arbitrator or fails to inform the other party of this appointment
within thirty days of the notice of appointment by the other party accompanied by a request
to appoint an arbitrator, or if two arbitrators fail to agree on the third arbitrator within thirty
days of the appointment of the last appointed of them, the appointment of the arbitrator shall
be made, upon request of a party, by the appointing authority specified in Article 43,
paragraph 3 of this Law;
2) in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator, such
arbitrator shall be appointed, upon request of a party, by the appointing authority specified
in Article 43, paragraph 3 of this Law. Law on Arbitration (Arbitration Act)


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(5) Where, under an appointment procedure agreed by the parties,
1) a party fails to act as required under such procedure, or
2) the parties or arbitrators are unable to reach an agreement required of them under such
procedure, or
3) a third party, including an institution, fails to perform any function entrusted to it under
such procedure, any party may request the appointment authority specified in Article 43,
paragraph 3 of this Law to take the necessary measure, unless the agreement on the
appointment procedure provides other means for securing the appointment.
(6) The appointing authority specified in Article 43, paragraph 3 of this Law, 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 a dispute with an international element, in the case of a sole or presiding
arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality
other than those of the parties.
(7) A decision on a matter that is, pursuant to paragraphs 3 or 4 of this article entrusted to the
appointing authority specified in Article 43, paragraph 3 of this Law, shall not be subject to appeal.
Rights and duties of arbitrators
الهيئة الدولية للتحكيم