(1) The parties are free to agree on a procedure of appointing the arbitrator or
arbitrators.
(2) Unless otherwise agreed by the parties, a party shall be bound by his
appointment of an arbitrator as soon as the other party has received notice of the
appointment.
(3) 1 Failing an agreement between the parties on the appointment of the
arbitrators, a sole arbitrator shall, if the parties are unable to agree on his
appointment, be appointed, upon request of a party, by the court. 2 In an
arbitration with three arbitrators, each party shall appoint one arbitrator, and the
two arbitrators thus appointed shall appoint the third arbitrator who shall preside
over the arbitral tribunal. 3 If a party fails to appoint the arbitrator with in one
month of receipt of a request to do so from the other party, or if the two arbitrators
fail to agree on the third arbitrator within one month of their appointment, the
arbitrator shall be appointed, upon re quest of a party, by the court.
(4) W here, under an appointment procedure agreed upon by the parties, a party
fails to act as required under such procedure, or if the parties, or two arbitrators,
are unable to reach an agreement expected of them under such procedure, or a
third party fails to perform any function entrusted to it under such procedure, any
party may request the court to take the necessary measure, unless the agreement
on the appointment procedure provides other means for securing the appointment.
(5) 1 The court, in appointing an ar bitrator, shall have due regard to any
qualifications required of the arbitrator by the agreement of the parties and to such
considerations as are likely to secure the appointment of an independent and
impartial arbitrator. 2 In the case of appointment of a sole or third arbitrator, the
court shall take into account as well the advisability of appointing an arbitrator of a
nationality other than those of the parties.
Section 1036 Challenge of an arbitrator
(1) 1 W hen a person is approached in connection with his possible appointment as
an arbitrator, he shall disclose any circumstances likely to give rise to doubts as to
his impartiality or independence. 2 An arbitrator, from the time of his appointment
and throughout the arbitral proceedings, shall without delay disclose any such
circumstances to the parties unless they have alread y been informed of them by
him.
(2) 1 An arbitrator may be challenged only if circumstances exist that give rise to
justifiable doubts as to his impartiality or independence, or if he does not possess
qualifications agreed to by the parties. 2 A party may challenge an arbitrator
appointed by him, or in whose appointment he has participated, only for reasons of
which he becomes aware after the appointment has been made.
Section 1037 Challenge procedure
(1) The parties are free to agree on a procedure for challenging an arbitrator,
subject to the provisions of subsection 3.
(2) 1 Failing such agreement, a party who intends to challenge an arbitrator shall,
within two weeks after becoming aware of the constitution of the arbitral tribunal or
after becoming aware of any circumstance referred to in section 1036 subs. 2, send
a written statement of the reasons for the challenge to the arbitral tribunal. 2
Unless the challenged arbitrator withdraws from his office or the other party agrees
to the challenge, the arbitral tribunal shall decide on the challenge.