Appointments under Ad Hoc Agreements
Ad Hoc Agreements
ACICA may be designated by the parties to act as the appointing authority in an ad hoc arbitration (where the arbitration is not being administered by ACICA or another arbitral institution). Agreeing to an appointing authority in the arbitration agreement assists in preventing any delay or deadlock that may arise as a result of parties failing to reach an agreement on the identity of an arbitrator.
Agreements referencing the UNCITRAL Arbitration Rules
Parties may agree to the application of the UNCITRAL Arbitration Rules to govern the arbitral process when a dispute under the relevant contract arises. The UNCITRAL Arbitration Rules are often utilised for this purpose in ad hoc arbitrations. The UNCITRAL Rules allow the parties the freedom to choose an appointing authority. If the parties have not designated an appointing authority in the arbitration agreement, Article 6 of the UNCITRAL Rules provides that a party may at any time propose an appointing authority for agreement by all parties.
ACICA may be designated by the parties to act as appointing authority under the UNCITRAL Arbitration Rules.
Applicable process for ad hoc appointments
The ACICA Appointment of Arbitrator Rules (2016) (Appointment Rules) apply to ad hoc appointments made by ACICA as the agreed appointing authority, whether under the UNCITRAL Arbitration Rules or otherwise. A detailed outline of the appointment process under the Appointment Rules is provided here.