b) a single arbitrator or member of an arbitral panel will:
i.
be independent and impartial, and
ii.
preferably, have knowledge of, or experience in, the subject matter or
issues of the Disagreement.
Appointment of Arbitrators
19.
A Party proposing the name of an arbitrator to another Party under Section 20 will also
submit a copy of that individual's resume and the statement that individual is required to
make under Section 26.
20.
In an arbitration with a single arbitrator, if the Parties fail to agree on the arbitrator within
30 days after the commencement of the arbitration, the appointment will be made by the
Neutral Appointing Authority, on the written request of a Party that is copied to the other
Parties.
21.
In an arbitration with three arbitrators and two Parties:
a) each Party will appoint one arbitrator, and the two appointed arbitrators will
appoint the third arbitrator; and
b) the three arbitrators shall select a chair from among themselves.
22.
In the appointment procedure under Section 21, if:
a) a Party fails to appoint an arbitrator within 30 days after receipt of a request to do
so from the other Party; or
b) the two appointed arbitrators fail to agree on the third arbitrator within 30 days
after the last of them is appointed; or
c) the three arbitrators fail to appoint a chair within 15 days after the last of them is
appointed,
the appointment will be made by the Neutral Appointing Authority, on the written request
of a Party that is copied to the other Parties.
23.
In an arbitration with three arbitrators and three Parties:
a) the three Parties will jointly appoint the three arbitrators; and
b) the three arbitrators shall select a chair from among themselves.
24.
In the arbitration procedure under Section 23, if:
a) the three Parties fail to agree on the three arbitrators within 60 days after the
commencement of the arbitration; or
b) the three arbitrators fail to appoint a chair within 15 days after the last of them is
appointed,
the appointments will be made by the Neutral Appointing Authority, on the written
request of a Party copied to the other Parties.
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