APPOINT AUTHORITY

Indication of arbitrators and mediators

Appointing Authority

The President of the CAM-CCBC is competent to act as an appointing authority at the request of the interested parties and is therefore responsible for nominating arbitrators in ad hoc arbitration and mediation proceedings, as well as dispute boards. Such an assignment is defined in accordance with the terms of Article 2.6, item g of the CAM-CCBC Regulation. For this service, a constant amount will be charged in item VII of the Expenditure Table 2019.

The need to appoint an appointing authority in an ad hoc proceeding constitutes a significant difference between the elaboration of an institutional arbitration clause and an ad hoc arbitration clause. In the first case, it is up to the chosen institution to appoint or replace arbitrators where the parties have not. In the second case, there is no such institution administering the proceeding, and litigants must designate an ad hoc nominating authority to appoint or replace arbitrators.

The appointing authority may be an arbitral institution, a judicial, commercial or professional body, or another neutral entity. The parties must select an organization or a title (for example, the president of an arbitration institution, the presiding judge of a state court, or the president of a business or professional entity), and not an individual (since it may be unable to act when called upon to do so). The parties should also make sure that the selected authority will agree to perform these functions if and when called upon to do so.

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