Appointment as arbitrator
Arbitrator Appointments
Farokhnia-Mimnagh Solicitors accepts appointment as arbitrator in international and commercial disputes, whether ad hoc or under the auspices of an arbitral institution. Under Ireland's Arbitration Act 2010, an arbitrator determines the dispute and issues a binding, enforceable award without recourse to the courts on the merits.
Where parties to a contract have agreed to refer disputes to arbitration, an arbitrator appointment means accepting appointment as the arbitrator, or as one member of a panel, to determine the dispute, rather than acting as advocate for either side. The role is impartial and independent, governed by the applicable arbitral rules and, for a reference seated in Ireland, the Arbitration Act 2010.
An arbitrator directs the procedure, hears the parties' evidence and submissions, and issues a reasoned award. Under the Arbitration Act 2010, the award is final and binding on the parties, enforceable as a judgment of the High Court, and open to challenge only on the narrow grounds set out in the Act.
How it works
The process
Appointment
Accepting appointment as sole arbitrator or panel member under the arbitration clause, the applicable institutional rules, or by agreement of the parties.
Directions and procedure
Setting the procedural timetable and directions for statements of case, evidence and any hearing.
Award
Issuing a reasoned, binding award that is enforceable as a judgment of the High Court under the Arbitration Act 2010.
Who this serves
Sectors
Commercial contract disputes
Appointment to determine disputes under supply, distribution and services agreements.
Construction disputes
Appointment as arbitrator under standard-form construction contracts referring disputes to arbitration.
Shareholder and partnership disputes
Appointment to determine disputes between business owners under a shareholders' agreement.
Related
Related Services
Representation in Domestic Arbitration
Representing clients in arbitration proceedings concerning Irish commercial disputes. We provide you with expert advice and representation through every stage of your dispute.
Mediator Appointments
Appointment as mediator to help parties reach a settlement of their commercial disputes.
Questions
Frequently Asked Questions
Under the Arbitration Act 2010, an arbitrator is usually appointed under the procedure set out in the parties' arbitration clause or the institutional rules they have chosen. Where the parties cannot agree, an application can be made to the Irish High Court, or its nominee, to appoint an arbitrator.
An arbitrator is appointed under the Arbitration Act 2010 to determine a commercial dispute referred by agreement of the parties. The arbitrator directs the procedure, considers the evidence and submissions, and issues a final, reasoned award that is binding on the parties.
Yes. Under the Arbitration Act 2010, which incorporates the UNCITRAL Model Law, an arbitrator's award is final and binding, with no general right of appeal on the merits. It can only be challenged before the High Court on narrow procedural or public policy grounds.
Yes. Parties are generally free to agree the identity, qualifications and number of arbitrators in the arbitration clause or by later agreement. Under the Arbitration Act 2010, the Irish High Court steps in to appoint an arbitrator only where the parties cannot reach agreement.
The Arbitration Act 2010 does not prescribe formal qualifications for an arbitrator; the parties are free to agree who they wish to appoint. Many commercial parties choose a solicitor, barrister or other professional with relevant sector or dispute resolution experience.
An arbitrator's fee is typically agreed with the parties before or shortly after appointment, and can be charged on a fixed, hourly or per diem basis depending on the size and expected duration of the reference, in addition to any institutional administration fees where relevant rules apply.
Yes, in limited circumstances. Under the Arbitration Act 2010, an arbitrator can be challenged on grounds of justifiable doubts as to impartiality or independence, or failure to possess qualifications agreed by the parties, with any dispute about removal ultimately determined by the Irish High Court.
Where an arbitration clause provides a mechanism for appointment and the parties cannot agree, or one party fails to cooperate, the Arbitration Act 2010 allows an application to the Irish High Court, or a person designated by the President of the High Court, to make the appointment.
Under the Arbitration Act 2010, an award must state the reasons on which it is based unless the parties have agreed that no reasons are to be given, or the award is made on agreed terms recording a settlement reached by the parties during the reference.
Generally, an arbitrator does not also mediate the same dispute, since mediation under the Mediation Act 2017 involves confidential discussions that could compromise the arbitrator's impartiality. Where parties want to try mediation first, this is usually done before, and separately from, the arbitration.
Start Your Arbitration Consultation
Set out the contract and the dispute, and receive a response within one business day.