Appointment of Arbitrators

(a)No person shall be precluded by reason of his or her nationality from acting as an arbitrator, unless otherwise agreed by the parties in the interest of neutrality.

(b)The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs

(d)and

(e)of this Section.

(c)Failing such agreement, appointment of arbitrators shall be made as directed by the court.

(d)Where, under an appointment procedure agreed upon by the parties,

(1)a party fails to act as required under such procedure, or

(2)the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure, or

(3)a third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the court or other authority specified in Section 42A106 to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.

(e)A decision on a matter entrusted by paragraphs

(c)or

(d)of this Section to the court or other authority specified in Section 42A106 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 parties.