The procedure for the same is provided for by law. [v] It provides that a person may be appointed as an arbitrator, regardless of nationality, unless the parties have agreed otherwise. The parties may themselves agree on a procedure for the appointment of the arbitrator. In the event that they do not reach an agreement, for example. B in arbitration proceedings with 3 arbitrators, each party appoints one arbitrator and the other two arbitrators, who are supposed to be the arbitrator, appoint the third arbitrator. The parties themselves, the designated authority or the arbitral institutions may appoint the arbitrator. In the case of disputes concerning international commercial transactions, it is essential that the arbitrator to be appointed does not have the same nationality as the parties to the dispute. This is done to protect the impartiality and preserve the neutrality of the arbitrator. Here too, the choice of seat is very important. Where the defence of sovereign immunity is invoked, the Power of the Tribunal to interpret the fact that the defence is determined in accordance with the law of the seat of the arbitral tribunal. If you enter into a contract with a state, you must ensure that the arbitration clause provides for a seat where the law takes a restrictive approach to sovereign immunity – for example, London or Geneva, unlike the People`s Republic of China. The Tribunal`s decision is consistent with its general pro-arbitration position, always subject to clear evidence of the primary consent of the parties to the arbitration proceedings. The increasing number of arbitration rules and institutions makes it even more desirable for the parties to rely on the arbitration clause or arbitration rules proposed by most arbitral institutions, in order to avoid situations that could seriously delay the arbitration proceedings and to leave it to the relevant arbitration rules to fill in the gaps.
The place of arbitration shall relate only to the place where the parties concerned may, at their discretion, carry out their actual arbitration operations taking into account comfort, costs and other factors, and shall not be a necessary element of the arbitration agreement. The parties may freely agree on the location of the event according to reality. The jurisdiction of the arbitration does not affect the legal effect of the arbitration itself and does not form the basis for the exercise of jurisdiction by the local courts. However, since the place of arbitration can easily be confused with the seat of arbitration, it is necessary for the parties to make a clear and clear statement in the agreement. The clause must indicate the seat or place of arbitration. The seat of the arbitration shall determine the rules of procedure governing the arbitration. For example, if the seat is Paris, aspects such as impartiality and disclosure are subject to civil law principles and may differ from the position in an ordinary jurisdiction such as England. Second, the arbitration clause must clearly delineate its scope and define the nature of the disputes that are arbitrate under the contract in question. . . .