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Commercial Arbitration$
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Hong-Lin Yu

Print publication date: 2011

Print ISBN-13: 9781845861070

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861070.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 13 October 2019

Arbitrators

Arbitrators

Chapter:
(p.105) Chapter 7 Arbitrators
Source:
Commercial Arbitration
Author(s):

Hong-Lin Yu

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861070.003.0007

This chapter explains how arbitrators are appointed to an arbitral tribunal. The first step the parties have to take in order to resolve the dispute between them is to appoint an arbitrator or a number of arbitrators to compose an arbitral tribunal. According to s 2(1) of the Arbitration (Scotland) Act 2010, ‘arbitrator’ is defined as a sole arbitrator or a member of a tribunal, while ‘tribunal’ means a sole arbitrator or panel of arbitrators. Given the essential role of an arbitrator in deciding the disputes between the parties, the Arbitration (Scotland) Act 2010 provides detailed provisions governing the appointment of arbitrators, jurisdiction of arbitrators, duties of arbitrators, powers of arbitrators and judicial immunity of arbitrators, as well as the issues of the arbitrator's expenses and fees. The appointment of arbitrators is also addressed in rr 2–18 of the Scottish Arbitration Rules and ss 15–21 of the (English) Arbitration Act 1996.

Keywords:   arbitrators, arbitral tribunal, Arbitration (Scotland) Act 2010, jurisdiction, judicial immunity, Scottish Arbitration Rules, (English) Arbitration Act 1996, arbitration

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