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30 May, 2012
JAMALUDIN YAAKOB
APPOINTENT OF ARBITRATOR
CONTENT Learning Outcomes Introduction Governing Laws Arbitration Act 2005 KLRCA Arbitration Rules
PWD 2010
30 May, 2012
JAMALUDIN YAAKOB
APPOINTENT OF ARBITRATOR
Learning Outcomes
At the end of the lecture students should be able to explain and relate the procedures for the appointment of arbitrators under the Arbitration Act 2005, the KLRCA Arbitration Rules, the PWD 2010 standard form of contract.
30 May, 2012
JAMALUDIN YAAKOB
APPOINTENT OF ARBITRATOR
Learning Outcomes
KLRCS Rules
30 May, 2012 JAMALUDIN YAAKOB
APPOINTENT OF ARBITRATOR
Introduction
Generally, it may be said that construction works are breeding grounds for disputes.
There are various factors that can give rise to many disputes in construction works, inter alia: unfair risk allocation, unrealistic expectations and schedules, poorly prepared contract documents, financial issues, communication problems, and even the economy
30 May, 2012 JAMALUDIN YAAKOB
APPOINTENT OF ARBITRATOR
Arbitration
APPOINTENT OF ARBITRATOR
Introduction There are many advantages (as well as disadvantages) of using arbitration as a method of resolving disputes. One of the advantages is, the parties may appoint the arbitrator of their choice that will resolve their dispute (award). It is believed that an arbitrator is a better judge to make decisions relating technical disputes.
30 May, 2012
JAMALUDIN YAAKOB
APPOINTENT OF ARBITRATOR
Governing Laws
PAM Arbitration Rules
APPOINTENT OF ARBITRATOR
Appointment of Arbitrator
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JAMALUDIN YAAKOB
APPOINTENT OF ARBITRATOR
Arbitration Act 2005 Parties are free to determine number of arbitrators Default - international arbitration 3 arbitrators Default - domestic arbitration - 1 arbitrator
Section 13 Procedure
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Appointment by default.....
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Section 12 (1) The parties are free to determine the number of arbitrators. (2) Where the parties fail to determine the number of arbitrators, the arbitral tribunal shall (a) in the case of an international arbitration, consist of three arbitrators; and (b) in the case of a domestic arbitration, consist of a single arbitrator.
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APPOINTENT OF ARBITRATOR
Section 13
(1) Unless otherwise agreed, no person shall be precluded by reason of nationality from acting as an arbitrator.
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APPOINTENT OF ARBITRATOR
Clause 66
PWD 2010
Written Notice
Clause 66.1
Dispute
Person Named
Written Decision
Clause 66.2
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Person Named
Binding
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APPOINTENT OF ARBITRATOR
Clause 66
PWD 2010
Within 45 days from cl. 66.1 notice
Clause 66.3
No Decision
Arbitration Notice
OR
Not Satisfied
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Arbitration Notice
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APPOINTENT OF ARBITRATOR
APPOINTENT OF ARBITRATOR
Clause 66
Notice: Content
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Interpretation Act 1967 Sending: The day after Computation of time 54. (1) In computing time for the purposes of any written law (a) a period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day on which the event happens or the act or thing is done;
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APPOINTENT OF ARBITRATOR
Receive of Notice Receiving: The day after For the purpose of calculating a period of time .... such period shall begin to run on the day following the day when the notice is received.
Article 2: 6.
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Notice, ETC.
Language
Clause 67.2
Clause 67.3
Methods of service
Address
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JAMALUDIN YAAKOB
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Clause 67
Notice: KLRCA Rules A notice ... May be transmitted by any means of communication that provides ..... ...for a record of its transmission A notice ... May be transmitted by any means of communication that provides ..... ...for a record of its transmission
Article 2: 1. Article 2: 1.
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JAMALUDIN YAAKOB
APPOINTENT OF ARBITRATOR
Clause 66
PWD 2010 Clause 66.1: If a dispute arises any party may refer it to person named in the Appendix Clause 66.3(a): If that person fails to make decision within 45 days (from date of notice); or Clause 66.3(b): if the parties are not satisfied with the decision
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APPOINTENT OF ARBITRATOR
Clause 66
PWD 2010 Article 3(2) UNCITRAL Arbitration Rules: the date the respondent receives the arbitration notice.
Date of Notice
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KLRCA Rules
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Rule 2 2.
Parties may agree to use other than KLRCA as the Appointing Authority
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KLRCA Rules
Notices
Appointing Authority
Appointing Authority
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Rule 2 1.
All notices from one party to the other, a copy should be also served on the KLRCA Director
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Within 40 days from notice of arbitration received by the respondent; or (as) had been agreed upon by the parties
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PAM 2006
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CIDB 2000
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IEM 2000
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Introduction There are many advantages as well as disadvantages of using arbitration as a method of resolving disputes.
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APPOINTENT OF ARBITRATOR
Introduction Generally, it may be said that construction works are breeding grounds for disputes. The first stage in the arbitration proceedings is the appointment of the arbitrator. It is usual for a claimant to include in the arbitration notice the nominees for appointment as arbitrator
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APPOINTENT OF ARBITRATOR
Governing Rules Generally, it may be said that construction works are breeding grounds for disputes. The first stage in the arbitration proceedings is the appointment of the arbitrator. It is usual for a claimant to include in the arbitration notice the nominees for appointment as arbitrator
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APPOINTENT OF ARBITRATOR
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