Examples of using Second arbitrator in English and their translations into Russian
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Official
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Colloquial
The most common request is for the designation of an appointing authority to appoint a second arbitrator on behalf of a defaulting respondent.
If within 30 days of the appointment of the second arbitrator, the two arbitrators fail to elect a presiding arbitrator, he/she shall be appointed by the President of the Court of Arbitration.
In one case, the claimant requested that the PCA Secretary-General designate an appointing authority to appoint the second arbitrator on behalf of a defaulting respondent.
The Parties shall, within a period of sixty days following the appointment of the second arbitrator, appoint the third arbitrator, who shall not be a national of either Party and shall not be of the same nationality as either of the first two arbitrators.
The first party may request the competent person(body) previously agreed upon by the parties- the President of the Arbitration Court or the President of the International Union of Commerce and Industry(London, UK),to appoint the second arbitrator;
If within 30 days after the appointment of the second arbitrator the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the appointing authority in the same way as a sole arbitrator would be appointed under article 8.
If within 30 days after the receipt of a party's notification of the appointment of an arbitrator the other party has not notified the first party of the arbitrator it has appointed,the first party may request the appointing authority to appoint the second arbitrator.
In those circumstances, and in casethe respondent failed to appoint a second arbitrator, it was suggested that the appointing authority might, at the request of the claimant, appoint a sole arbitrator, if it determined that, in view of the circumstances of the case, this would be more appropriate.
The claimant(s), irrespective of number, shall constitute one'side' which shall nominate one arbitrator; the respondent(s), irrespective 239 of number,shall constitute one'side' which shall nominate the second arbitrator; and a third arbitrator, who shall serve as Chairman, shall be appointed by the LCIA Court.
Paragraph 40 of document A/CN.9/746/Add.1 explained the power of the appointing authority under article 7, paragraph(2), of the 2010 UNCITRAL Arbitration Rules to appoint a sole arbitrator when no other parties had responded to a party's proposal to appoint a sole arbitrator and the party orparties concerned had failed to appoint a second arbitrator.
If a competent person(body)is not agreed upon by the parties within 5 days of receipt by one party of the notice from other party of appointment of an arbitrator to thethree-arbitrator l tribunal, the second arbitrator shall be appointed by the President of the Arbitration Court within 24 hours after accrual of the relevant right.
If within 15 days after the second arbitrator is appointed, two arbitrators appointed in accordance with the rules of this article by the parties or by a competent person(body) on their behalf, fail to select the third arbitrator, the latter shall be appointed by a competent person(body) under the procedure of appointing a sole arbitrator specified in art.
If within 30 days of receipt by one party of the notice from another party on the appointment of an arbitrator to an arbitral tribunal of three arbitrators, the other party(the receiver of the original notice)does not notify the first party in response about the arbitrator appointed by it, the second arbitrator shall be appointed in accordance with the following rules.
If within 15 days after the appointment of the second arbitrator, two arbitrators appointed in accordance with the rules of this article by the parties or by a competent person(body) on their behalf, fail to agree on the selection of the third arbitrator, the latter is appointed by a competent person(body) under the procedure specified for the appointment of a sole arbitrator. .
If within 30 days after one party receives the notice from another party(the first party- the initiator of the procedure) about appointment of an arbitrator to an arbitral tribunal of three arbitrators, the other party(recipient of the original notice),does not notify the first party in response about of the arbitrator appointed by it, the second arbitrator shall be appointed in accordance with the following rules.
Notwithstanding paragraph 1, if no other parties have responded to a party 's proposal to appoint a sole arbitrator within the time limit provided for in paragraph 1 and the party orparties concerned have failed to appoint a second arbitrator in accordance with article 9 or 10, the appointing authority may, at the request of a party, appoint a sole arbitrator pursuant to the procedure provided for in article 8, paragraph 2, if it determines that, in view of the circumstances of the case, this is more appropriate.
However, article 7, paragraph(2) includes a corrective mechanism so that, if no other parties have responded to a party's proposal to appoint a sole arbitrator and the party(ies)concerned have failed to appoint a second arbitrator, the appointing authority may, at the request of a party, appoint a sole arbitrator, if it determines that, in view of the circumstances of the case, this is more appropriate.
The Secretary-General designates an appointing authority or himself assumes the role of appointing the second and/or third arbitrator.
In the award, the arbitrator found that the second defendant was the alter ego of the first defendant and hence was a party to the contract and the arbitration agreement.
The second objection was also rejected as the arbitrator was empowered to continue the process even in the absence of a party as provided for under article 25.
On the second ground, the court ruled that the arbitrator had not exceeded its jurisdiction in interpreting the contract, and emphasized that a reviewing court should never review the merits of an arbitral award.
In support of the suggested replacement, it was observed that the word"or" would better mirror the structure of article 11, paragraph(3),which referred in its first sentence to the situation where all parties agreed to the challenge, and in the second sentence, provided that the arbitrator might withdraw from his or her office.
The respondent appealed from this decision and sought annulment of the award,arguing first that the arbitrator had no jurisdiction to issue an order an injunction under Quebec law, and second that the arbitrator had exceeded his jurisdiction by interpreting the contract as generously as he did.
The Working Group agreed to add the words"and the other members of the arbitral tribunal" after the word"parties" in the second sentence of article 9 to clarify that an arbitrator should disclose not only to the parties, but also to the other members of the arbitral tribunal, circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence.
The appointing authority may berequested by a party, under article 9, paragraph(2), to appoint the second of three arbitrators in case of a three arbitrator panel.
The second stage would consist of an arbitral proceeding before a Panel of Arbitrators.
In addition, there was a second method, whereby a court or arbitrator"will not admit.
The second arbitration, before a panel of three arbitrators, however, resulted in an award against the miller.
The second arbitration was conducted by a sole arbitrator and the Organization was required to pay compensation in the amount of $1,626.14.
At the second stage, article 41, paragraph(4) provides that, after receiving the arbitrators' fees and expenses, any party has the right to request the appointing authority to review that determination.