UNCITRAL MODEL LAW ON
INTERNATIONAL COMMERCIAL ARBITRATION
see this article in the full MAL
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 agree on the third arbitrator within thirty
days of their appointment, the appointment shall be made, upon request of a party, by the court or
other authority specified in article 6;
(4) Where, under an appointment procedure agreed upon by the parties,
(b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the
court or other authority specified in article 6.
(a) a party fails to act as required under such
any party may request the court or other authority specified in article 6 to take the necessary
measure, unless the agreement on the appointment procedure provides other means for securing
(b) the parties, or two arbitrators, are unable to reach
an agreement expected of them under such procedure, or
(c) a third party, including an institution, fails to
perform any function entrusted to it under such procedure,
(5) A decision on a matter entrusted by paragraph (3) or (4) of this article to the court or other
authority specified in article 6 shall be subject to no appeal. The court or other authority, in
appointing an arbitrator, 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 and, in the case of a sole or third arbitrator, shall take into
account as well the advisability of appointing an arbitrator of a nationality other than those of the
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