PART 4
Composition of Arbitral Tribunal
Division 1—Arbitrators
23. Article 10 of UNCITRAL Model Law (Number of arbitrators)
(1) Article 10(1) of the UNCITRAL Model Law, the text of which is set out below, has effect—
“Article 10. Number of arbitrators
- (1) The parties are free to determine the number of arbitrators.
- (2) [Not applicable.]”.
(2) For the purposes of subsection (1), the freedom of the parties to determine the number of arbitrators includes the right of the parties to authorize a third party, including an institution, to make that determination.
(3) Subject to section 1 of Schedule 2 (if applicable), if the parties fail to agree on the number of arbitrators, the number of arbitrators is to be either 1 or 3 as decided by the HKIAC in the particular case.
24. Article 11 of UNCITRAL Model Law (Appointment of arbitrators)
(1) Article 11 of the UNCITRAL Model Law, the text of which is set out below, has effect subject to section 13(2) and (3)—
“Article 11. Appointment of arbitrators
- (1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
- (2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs (4) and (5) of this article.
- (3) Failing such agreement,
- (a) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to
