Rules of Riga International Arbitration Court

§4. Arbitrators.

25. article.

The arbitrator is a person who according to provisions of the Arbitration Agreement, the Arbitration Rules and Arbitration Law is appointed for resolution of the dispute.

The arbitrator may be appointed from the list of arbitrators (Supplement No.1 to the Arbitration Rules). The arbitrators listed in the list of arbitrators shall conform to the requirements of Art.14, 15 of Arbitration Law and have agreed in writing to be listed as arbitrators.

The arbitrator is not a representative of the party by which the arbitrator is appointed. The arbitrator should perform his duties in good faith, without subordinating to any influence, the arbitrator shall be independent, objective and just. In his activity and decision making the arbitrator shall be objective and independent.

26. Number of the Arbitrators.

The number of arbitrators should be odd.
If the parties have not agreed upon the number of arbitrators, the Arbitral Tribunal shall consist of three arbitrators.
The Arbitral Tribunal may also consist of a sole arbitrator if the parties have agreed upon that. The parties may also agree upon other (odd) number of arbitrators.

27. Appointment of the Arbitrators.

The parties may determine the procedure of appointment of the arbitrators. If the parties have not agreed upon the procedure of appointment of the arbitrators, the arbitrators shall be appointed in accordance with the Arbitration Rules considering the equality of the parties.
The parties may delegate the right to appoint the arbitrator to any other capable natural or legal person.

28. article.

If the parties have agreed that the dispute would be considered by a sole arbitrator, but they have not agreed upon a particular arbitrator, the Presidium of the Arbitration Court, when sending the notice of receipt of the claim mentioned in Article 21 of the Arbitration Rules, offers to the Respondent to reach an agreement with the Claimant upon a particular arbitrator.

If the parties have not agreed during the term determined by the Arbitration Court upon the arbitrator, the arbitrator shall be appointed by the Presidium of the Arbitration Court.

29. article.

If the parties have agreed to invoke three arbitrators or if the dispute is to be reviewed by three arbitrators in accordance with Article 26 of the Arbitration Rules, the Claimant, when filing the claim, shall specify the arbitrator elected by it.

The Presidium of the Arbitration Court, when sending the notice of receipt of the claim mentioned in Article 21 of the Arbitration Rules, shall inform the Respondent of the claim and offer to appoint the arbitrator on its part.
If any of the parties has not specified the arbitrator selected on its part, the arbitrator shall be appointed by the Presidium of the Arbitration Court.

The arbitrators appointed by the parties or, in case the parties or a party have not appointed an arbitrator, the arbitrators appointed by the Presidium of the Arbitration Court, shall agree on the appointment of the third arbitrator who acts as a Chairman of the Arbitral Tribunal.

If the arbitrators appointed by the parties or, in case the parties or a party have not appointed an arbitrator, the arbitrators appointed by the Presidium of the Arbitration Court, may not agree upon the Chairman of the Arbitral Tribunal within 10 (ten) days, this person shall be appointed by the Presidium of the Arbitration Court.

30. article.

If the parties have agreed upon other (odd) number of arbitrators, each of the parties according to the aforementioned procedure appoints identical number of arbitrators, who shall thereafter agree to appoint the Chairman of the Arbitral Tribunal from the list of arbitrators.

31. artile.

IIf the claim is submitted by several Claimants or if the claim is raised against several Respondents, they should respectively agree upon the candidate of arbitrator on their part.

32. article.

The composition of the Arbitral Tribunal shall be approved by the Presidium of the Arbitration Court and notified to the parties. Before approval of the composition of the Arbitral Tribunal, the Presidium of the Arbitration Court shall verify, whether the agreement of the parties, requirements of Arbitration Law and the Arbitration Rules were observed during formation of the Arbitral Tribunal.

If the Presidium of the Arbitration Court determines that the Arbitral Tribunal has not been selected in accordance with agreement between the parties, Arbitration Law or the Arbitration Rules, the Presidium shall not approve the Arbitral Tribunal and the new Arbitral Tribunal shall be selected in accordance with the Arbitration Rules by eliminating of the observed violations.

33. Removal of the Arbitrator.

If the party has appointed the arbitrator and has notified another party of that, it may not remove this arbitrator without the consent of the other party.

34. Grounds for Challenge of the Arbitrator.

The person, whose consent is requested to be appointed as the arbitrator, shall disclose any circumstances to the parties, which may give rise to any justified doubts as to its impartiality and independence.

If such circumstances have arisen or have been discovered after the initiation of the arbitration but before the end of arbitration, the arbitrator shall immediately reveal them to the parties.

One may challenge the arbitrator

1. who has been a representative to a party, an expert or a witness in the case were parties have participated;
2. who is in kinship relation of at most the third degree or affinity relation of at most the second degree with some of the participants of the dispute or their representatives;
3. who is in kinship relation of at most the third degree or affinity relation of at most the second degree with some of the arbitrators in the Arbitral Tribunal that reviews the case;
4. who is employed with some of the participants of the dispute or their representatives or if the arbitrator provides legal assistance to some of the parties;
5. who or whose spouse, or a kinsman of at most the third degree, or a business partner, or a company which is party in the dispute or where its participant, shareholder or member, member of monitoring, control or executive body is the arbitrator or his kinsman of at most the third degree, have a tangible interest in the outcome of the civil dispute;
6. who does not conform to the requirements of Arbitration Law or terms the parties have agreed upon;
7. if there are other circumstances which give rise to any justified doubts as to the impartiality and independence of this person.

The party may challenge the arbitrator it has appointed or in whose appointment it has participated, only if the ground for challenge was discovered by it after the appointment of the arbitrator has been made.

35. Procedure of Challenge of the Arbitrator.

The parties may agree upon the procedure of challenge of the arbitrator.

If the parties have not agreed upon the procedure of challenge of the arbitrator, the party may file its objection to the arbitrator within five days from the day, when it has learned of the appointment of this arbitrator or it got to know the grounds for challenge, by submitting to the Arbitration Court a written notice specifying in it the arbitrator to be challenged and the grounds for challenge.

The arbitrator being challenged shall decide within five days whether to accept the filed objection.

If the arbitrator, against whom the objections are stated, does not resign from his obligations, the issue on challenge is decided by the Arbitral Tribunal within five days from the day of the receipt of the notice.

36. article.

The arbitrator not later than five days from the day when the arbitrator has learned of his appointment, or from the day, when the arbitrator knows about the circumstances which can give rise to any justified doubts as to his impartiality and independence, shall reject to accept the assignment and shall indicate the grounds for self-rejection.

37. article.

If the arbitrator has withdrawn himself or if the challenge of the arbitrator is accepted, the new arbitrator shall be appointed in accordance with the procedure prescribed by the Arbitration Rules.

38. Termination of Power of the Arbitrator.

The authority of the arbitrator terminates if he has withdrawn himself from the settling of the dispute, if the challenge of the arbitrator has been accepted, if the parties have agreed about his removal, if the restrictions of Art.15 of Arbitration Law may be attributed to him, and with his death.
The authority of the arbitrator may also be terminated if the arbitrator cannot act as the arbitrator for a period longer than one month (owing to absence, illness or other reasons).
The parties are free to agree upon the procedure to terminate the authority of the arbitrator.
If the parties have not agreed upon the procedure of termination of the arbitrator's authority, at the request of the parties or the arbitrator, or on the arbitrator’s own initiative the Presidium of the Arbitration Court shall decide concerning the termination of authority of the arbitrator.
If the authority of the arbitrator has been terminated, a new arbitrator shall be appointed in the manner determined by the Arbitration Rules.

39. Consequences of Appointment of the Arbitrator.

If the arbitrator is replaced during review of the dispute by a sole arbitrator, or if the Chairman of the Arbitral Tribunal is replaced, the review of the dispute shall be restarted.

If one of the arbitrators of the Arbitral Tribunal is replaced, the issue on confirmation or restarting of review of the dispute anew or continuation of review of the dispute may be decided at the discretion of the Arbitral Tribunal.