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Rule 5
Appointment of arbitrator
(1) When a party makes an application to the Appellate Court for the appointment of an arbitrator in accordance with sub-section (1) of section 7 of the Act, the following shall be disclosed:-
(a) the name, surname, nationality and business address of the applicant and the respondent, including other particulars which are helpful in filing the notice,
(b) Summary of Disputes,
(c) the treatment sought to be obtained,
(d) the name and address of the arbitrator appointed prior to the filing of the application,
(e) If an arbitrator has not been appointed by following the procedure mentioned in the contract as mentioned in sub-section (1) of section 7 of the Act or if there is no mention in the contract regarding the appointment of an arbitrator, (f) The name, surname, nationality, profession, their field of expertise of at least three persons who can be arbitrators and their consent to be arbitrators,
(g) That a copy of the agreement between the petitioner and the respondent is enclosed,
(h) That a copy of the application is attached to be sent to the other party.
(2) When applying for the appointment of an arbitrator in accordance with sub-section (2) of section 8 of the Act, in addition to the matters mentioned in sub-rule (1), the person appointed for arbitration has resigned or refused to be an arbitrator or his position has become vacant due to his death or any other reason. If he went, that matter and the related evidence should also be disclosed.
(3) After the receipt of the petition in accordance with sub-rule (1), if there is any reason why the appeal court should not provide the remedy as requested in the petition, a copy of the petition shall be attached within ten days from the date of receipt of the notice with a written reply and proof. will issue a notice in the name of the other party.
(4) After the application for the appointment of an arbitrator is registered, if the other party appoints an arbitrator in accordance with the agreement or the law, the appellate court must be informed in writing.
(5) If information is received that an arbitrator has been appointed in accordance with sub-rule (4), the appellate court shall register the matter and keep the application under sub-rule (1) in order and give notice of the matter to the petitioner and the concerned arbitrator.
(6) Except in the case of sub-rule (5), the appellate court, after receiving the written answer as per sub-rule (3) or after the deadline for submitting the same, if all the parties agree on the person to be the arbitrator, the person proposed by them and if there is no consensus, the court shall choose the person it deems suitable. The said person shall appoint an arbitrator within the period mentioned in Sections 7 and 8 of the Act and settle the petition as per sub-rule (1).
(7) In accordance with sub-rule (6), the appellate court may seek additional information or clarification from the petitioner or the opposing party on the disputed matter before dismissing the petition.
(8) When the Appellate Court appoints an arbitrator under sub-rule (6) or sub-rule
When appointing a third arbitrator in accordance with (9), in addition to the matters mentioned in Section 10 of the Act, the matter of whether or not the person to be appointed as an arbitrator agrees to be an arbitrator and the matters mentioned in sub-rule (5) of Rule 6 shall also be considered and decided. > (9) In the event that the arbitrator appointed on behalf of the parties to the agreement has been appointed as per sub-rule (5) or (6) and the third arbitrator is yet to be appointed, the appellate court shall give the arbitrators a period of seven days to appoint the third arbitrator, unless otherwise provided in the agreement. If they fail to appoint a third arbitrator within that period, the court will appoint a third arbitrator after taking the opinion of the arbitrator and the parties.
(10) After the appellate court takes the action related to the appointment of arbitrator in accordance with sub-rule (6) or (9), it will also give notice of the same to the parties concerned and the arbitrator.
(11) Notwithstanding anything written elsewhere in this regulation, before appointing an arbitrator in a dispute where the arbitrator's decision directly or indirectly incurs financial liability to the Government of Nepal, the Appellate Court may take the response of the relevant ministry of the Government of Nepal. If a response is requested in this way, the relevant ministry must send a response within fifteen days and if the response is not received within that period, there will be no hindrance in making a decision regarding the appointment of an arbitrator.
(a) the name, surname, nationality and business address of the applicant and the respondent, including other particulars which are helpful in filing the notice,
(b) Summary of Disputes,
(c) the treatment sought to be obtained,
(d) the name and address of the arbitrator appointed prior to the filing of the application,
(e) If an arbitrator has not been appointed by following the procedure mentioned in the contract as mentioned in sub-section (1) of section 7 of the Act or if there is no mention in the contract regarding the appointment of an arbitrator, (f) The name, surname, nationality, profession, their field of expertise of at least three persons who can be arbitrators and their consent to be arbitrators,
(g) That a copy of the agreement between the petitioner and the respondent is enclosed,
(h) That a copy of the application is attached to be sent to the other party.
(2) When applying for the appointment of an arbitrator in accordance with sub-section (2) of section 8 of the Act, in addition to the matters mentioned in sub-rule (1), the person appointed for arbitration has resigned or refused to be an arbitrator or his position has become vacant due to his death or any other reason. If he went, that matter and the related evidence should also be disclosed.
(3) After the receipt of the petition in accordance with sub-rule (1), if there is any reason why the appeal court should not provide the remedy as requested in the petition, a copy of the petition shall be attached within ten days from the date of receipt of the notice with a written reply and proof. will issue a notice in the name of the other party.
(4) After the application for the appointment of an arbitrator is registered, if the other party appoints an arbitrator in accordance with the agreement or the law, the appellate court must be informed in writing.
(5) If information is received that an arbitrator has been appointed in accordance with sub-rule (4), the appellate court shall register the matter and keep the application under sub-rule (1) in order and give notice of the matter to the petitioner and the concerned arbitrator.
(6) Except in the case of sub-rule (5), the appellate court, after receiving the written answer as per sub-rule (3) or after the deadline for submitting the same, if all the parties agree on the person to be the arbitrator, the person proposed by them and if there is no consensus, the court shall choose the person it deems suitable. The said person shall appoint an arbitrator within the period mentioned in Sections 7 and 8 of the Act and settle the petition as per sub-rule (1).
(7) In accordance with sub-rule (6), the appellate court may seek additional information or clarification from the petitioner or the opposing party on the disputed matter before dismissing the petition.
(8) When the Appellate Court appoints an arbitrator under sub-rule (6) or sub-rule
When appointing a third arbitrator in accordance with (9), in addition to the matters mentioned in Section 10 of the Act, the matter of whether or not the person to be appointed as an arbitrator agrees to be an arbitrator and the matters mentioned in sub-rule (5) of Rule 6 shall also be considered and decided. > (9) In the event that the arbitrator appointed on behalf of the parties to the agreement has been appointed as per sub-rule (5) or (6) and the third arbitrator is yet to be appointed, the appellate court shall give the arbitrators a period of seven days to appoint the third arbitrator, unless otherwise provided in the agreement. If they fail to appoint a third arbitrator within that period, the court will appoint a third arbitrator after taking the opinion of the arbitrator and the parties.
(10) After the appellate court takes the action related to the appointment of arbitrator in accordance with sub-rule (6) or (9), it will also give notice of the same to the parties concerned and the arbitrator.
(11) Notwithstanding anything written elsewhere in this regulation, before appointing an arbitrator in a dispute where the arbitrator's decision directly or indirectly incurs financial liability to the Government of Nepal, the Appellate Court may take the response of the relevant ministry of the Government of Nepal. If a response is requested in this way, the relevant ministry must send a response within fifteen days and if the response is not received within that period, there will be no hindrance in making a decision regarding the appointment of an arbitrator.