Appointment Process Under Statutory Appointment of Arbitrator Rules 2022
When making appointments under the Appointment Rules (applicable to appointments made pursuant to its role as default appointing authority under the IAA), the following process applies:
Step 1 — Application
A party wishing to apply for an appointment should send to ACICA and the other parties to the arbitration a completed Form A, with relevant attachments, in accordance with the prescribed procedure under the Appointment Rules, and payment of the prescribed fee (Appointment Application).
The form and attachments may be firstly submitted by email to secretariat@acica.org.au. The original executed form must then be forwarded with all supporting documents to ACICA’s Head Office. No appointment will be made until ACICA has received the original signed application form (including attachments) with the requisite appointment fee.
Any other party to the proceedings has at least 10 days before any appointment is made to serve any information on ACICA which it considers relevant, including reasons why no appointment should be made, or why no person or class of persons should be appointed.
The fee payable to ACICA for an appointment is AUD2,000 (excluding GST, if applicable) per arbitrator.
Step 2 – Consideration by the Appointment Committee and Recommendation of a Nominee
The ACICA Statutory Arbitrator Appointment Committee, made up of ACICA President, Secretary-General and up to six members of the ACICA Board as well as an independent member, recommends a nominee to be appointed, having regard to a range of factors including the nature of the dispute, identity of the parties, availability of potential arbitrators, their expertise and experience, independence and impartiality, and any other matters considered relevant by ACICA or highlighted by parties in their Appointment Application(s).
The nominee is chosen from an arbitrator pool which ACICA has established and maintains, made up of its own panel of arbitrators as well as other arbitrators from Australia and around the world with relevant experience and expertise.
Step 3 – Consultation of Advisory Board
The ACICA Statutory Appointment Advisory Board is made up of independent nominees, from time to time, of the Federal Attorney-General, the Chief Justice of Australia, the Chief Justice of the Federal Court, the President of the Australian Bar Association, the President of the Law Council of Australia, the Institute of Arbitrators and Mediators Australia, the Chartered Institute of Arbitrators Australia Branch and a number of industry bodies (namely the Australian Industry Group, the Minerals Council of Australia and the Australian Maritime and Transport Arbitration Commission).
The Advisory Board is notified of the Appointment Committee’s nomination and has the opportunity within a specified time of the nomination to give advice to ACICA on the nominee’s suitability to act as arbitrator. Any advice given by any member of the Advisory Board is given and used solely for the purposes of a specific application under the Appointment Rules and remains confidential to ACICA.
Step 4 – Decision by ACICA Executive
The ACICA Executive (comprised of ACICA’s office-bearers) decides whether to appoint the nominee, taking into consideration the non-binding advice given by the Advisory Board.
In circumstances where the ACICA Executive declines to appoint the nominee, the Appointment Committee will, if appropriate, be asked to nominate a new candidate and the process will repeat in accordance with the Appointment Rules until a nominee is appointed. The ACICA Executive may also decline to make an appointment if it is not satisfied that an arbitrator should be appointed. When the ACICA Executive decides to make an appointment or declines to make an appointment, the parties will be notified.
