Business Law Deneme Sınavı Sorusu #1019290

Which of the followings is correct concerning the appointment of the arbitrators?


Two arbitrators shall be appointed when parties cannot determine the arbitrators.

Parties may select only one arbitrator per dispute.

The number of the arbitrators appointed has to be odd.

All the arbitrators shall be appointed by the local court of first instance.

The number of the arbitrators appointed has to be even.


Yanıt Açıklaması:

The parties are free to determine the number of arbitrators. However, the number shall be odd. If the number of arbitrators is not determined by the parties, three arbitrators shall be appointed (Article 7A). The parties are also free to determine how the arbitrators will be appointed. Article 7B will be applicable if the parties did not make any agreement on the method of appointment of the arbitrators. Accordingly, 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 civil court of first instance. 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 civil court of first instance. The third arbitrator appointed shall be the chairman of the arbitral tribunal. In an arbitration with more than three arbitrators, the arbitrators who will appoint the last arbitrator shall be appointed by the parties in equal numbers in accordance with the procedure set forth above.

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