Section 44: Appointment of sole arbitrator, etc.

(1) If a sole arbitrator is to be appointed, either party may propose to the other the names of one or more persons, one of whom would serve as the sole arbitrator.
(2) If within thirty days after receipt by a party of a proposal made in accordance with subsection (1) of this section, the parties have not reached agreement on the choice of a sole arbitrator, the sole arbitrator shall be appointed by the appointing authority.
(3) The appointing authority shall, at the request of one of the parties, appoint the sole arbitrator as promptly as possible; and in making the appointment, the appointing authority shall use the following list-procedure, unless both parties agree that the list-procedure should not be used or unless the appointing authority determines in its discretion that the use of the list-procedure is not appropriate for the case, that is-
(a) at the request of one of the parties the appointing authority shall comminicate to both parties an identical list containing at least three names;
(b) within fifteen days after the receipt of the said list, each party may return the list to the appointing authority, after having deleted the name or names to which he objects and numbered the remaining names on the list in the order of his preference;
(c) after the expiration of the above period of time, the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties.
(4) In making the appointment, the appointing authority shall have regard to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and shall take into account as well, the advisability of appointing an arbitrator of a nationality other than the nationalities of the parties.
(5) If three arbitrators are to be appointed, each party shall appoint one arbitrator; and the two arbitrators thus appointed shall choose the third arbitrator who shall act as the presiding arbitrator of the arbitral tribunal.
(6) If within thirty days after the receipt of a party's notification of the appointment of an arbitrator, the other party has not notified the first party of the arbitrator he has appointed, the first party may request the appointing authority previously designated by the parties to appoint the second arbitrator.
(7) If within thirty days after the appointment of the second arbitrator, the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the appointing authority, in the same way as a sole arbitrator would be appointed under subsections (1) to (4) of this section.
(8) When the appointing authority is requested to appoint an arbitrator pursuant to the provisions of this section, the party which makes the request shall, send the appointing authority a copy of the notice of arbitration, a copy of the contract out of or in relation to which the dispute has arisen and a copy of the arbitration agreement if it is not contained in the contract, and the appointing authority may require from either party such information as it deems necessary to fulfil its functions under this Act.
(9) Where the names of one or more persons are proposed for appointment as arbitrators, their full names, addresses and nationalities shall be indicated, together with a description of their qualifications.
(10) Except as otherwise agreed by the parties, no person shall be disqualified from being appointed as an arbitrator by reason of his nationality.