The composition of the arbitral tribunal is covered by the 鳞状细胞癌仲裁规则 和 the 鳞状细胞癌的规则 for 加快仲裁. Read more about the factors that determine the appointment of SCC arbitrators.
Arbitrators can be non-lawyer experts in areas relevant to the dispute, 但在实践中, 绝大多数仲裁员都是律师, 法学教授或学者, judges 和 other dispute resolution professionals.
There are very few restrictions on arbitrator 资格 under the 鳞状细胞癌的规则 or the 瑞典 仲裁 Act, which applies to arbitrations seated in 斯德哥尔摩. Anyone who is impartial to the dispute 和 independent of the parties can serve as an arbitrator.
No, the SCC does not have a specific list or a roster of certified arbitrators; rather, parties have near complete freedom to appoint the arbitrator they consider best suited to decide the dispute.
Parties may request from the SCC a list of c和idates that meet certain criteria; they may also consider searching for information on potential arbitrators through 仲裁员的情报, 雀鳝艺术, 汁液的描摹, ArbiLex 或其他相关消息来源.
- The composition of the arbitral tribunal is covered by 文章 16-18 of the 鳞状细胞癌仲裁规则和《九游会体育》第17-19条 SCC加速仲裁规则.
- The st和ards for impartiality 和 independence are discussed in the SCC Practice Notes on Arbitrator Challenges 2016-2018 和 2013-15
根据SCC仲裁规则, the parties can agree on whether the dispute should be decided by a sole arbitrator or by a tribunal of three arbitrators. 如果双方意见不一致, the SCC Board decides the number of arbitrators, taking into consideration the complexity of the case, the amount in dispute 和 any other relevant circumstances. There was previously a default for three arbitrators, but under the most recent revision of the 鳞状细胞癌仲裁规则 (2017), 此默认值已被删除. 统计2017 - 19所示 show that 55-70 percent of the cases are heard by a three-member tribunal, 其余由唯一的仲裁员负责.
阅读更多: >> 统计2017 - 19所示
Under the SCC加速仲裁规则, disputes are always decided by a sole arbitrator.
T多数仲裁任命由他负责 在SCC仲裁 是双方共同决定的吗, only around 35 percent are made by the SCC Board. 然而, the Board appoints around 70 percent of all sole arbitrators 和 50-60 percent of all chairpersons.
If the dispute is to be resolved by a sole arbitrator, the SCC gives the parties 10 days to appoint an arbitrator jointly. If they do not agree on an arbitrator, the SCC Board makes the appointment. 为三人法庭, each side appoints one arbitrator 和 the SCC appoints the chairperson, 除非双方另有约定. The parties are free to agree on a different procedure for arbitrator appointments, 和 it is relatively common for the chairperson to be appointed by the parties jointly or by the party-appointed arbitrators.
If a party fails or declines to appoint an arbitrator, the SCC Board will make the appointment on behalf of that party. 在多党仲裁, if one side comprising multiple parties fails to appoint an arbitrator, the SCC Board may appoint the entire tribunal.
阅读更多: >> SCC statistics on who appoints the arbitrators
What factors are taken into consideration when appointing an arbitrator?
在做这些任命时, the SCC Board considers primarily the following factors, as stipulated by the 鳞状细胞癌的规则 和 the 仲裁员任命政策:
- The nature 和 circumstances of the dispute — this informs the type of expertise or specialisation required to decide the dispute.
- Previous experience as an arbitrator — this is important for sole arbitrators or chairpersons to manage the arbitration process efficiently.
- The seat, applicable law 和 language of the arbitration.
- Nationality — if the parties are of different nationalities, the sole arbitrator or chairperson will generally not be of the same nationality as a party.
- The arbitrator’s availability — arbitrators must have time to decide the dispute within the timeline stipulated by the applicable 鳞状细胞癌的规则.
- 法庭平衡-在三个成员的法庭, 委员会力求平衡专门知识, 资格, 资历, 语言和其他相关因素.
- Diversity — where there are many arbitrators of similar 资格, the Board will actively consider diversity of gender, 年龄及国籍.
阅读更多: >> 仲裁员任命政策
How do I get appointed as an arbitrator by the SCC?
The SCC does not have a list or a roster of approved arbitrators, but it is a high priority to have knowledge of 和 contact with demonstrably experienced 和 skilled arbitrators - with expertise from different industries, 商业领域和法律问题. In addition to possessing the relevant skill set for the case in question, the SCC Board seek to promote diversity when appointing arbitrators.
作为仲裁员，我们欢迎你 请在此注册您的简历 to provide the SCC Board with updated information about your 资格. >>To the SCC Arbitrator Registry
If you are already registered with the SCC please consider an update of the information periodically, to ensure that the SCC has access to accurate information regarding, 例如, new areas of expertise or appointments in non-SCC arbitrations.
接触 firstname.lastname@example.org 更新您的信息.