ARBITRAL TRIBUNAL

ARBITRAL TRIBUNAL

If the parties have not agreed otherwise, three arbitrators shall be appointed.

1)  No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.

(2) Judges of Croatian courts may only be appointed as presiding arbitrators or as sole arbitrators.

(3) Parties are free to agree on the procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs 4 and 5 of this article.

(4) Failing such agreement,

1) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator as presiding arbitrator. If a party fails to appoint an arbitrator or fails to inform the other party of this appointment within thirty days of the notice of appointment by the other party accompanied by a request to appoint an arbitrator, or if two arbitrators fail to agree on the third arbitrator within thirty days of the appointment of the last appointed of them, the appointment of the arbitrator shall be made, upon request of a party, by the appointing authority specified in Article 43, paragraph 3 of this Law;

 2) in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator, such arbitrator shall be appointed, upon request of a party, by the appointing authority specified in Article 43, paragraph 3 of this Law.

(5) Where, under an appointment procedure agreed by the parties,

 1) party fails to act as required under such procedure, or

2)  parties or arbitrators are unable to reach an agreement required of them under such procedure, or

3)  third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the appointment authority specified in Article 43, paragraph 3 of this Law to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.

(6) The appointing authority specified in Article 43, paragraph 3 of this Law, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator, and, in a dispute with an international element, in the case of a sole or presiding arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.

(7) A decision on a matter that is, pursuant to paragraphs 3 or 4 of this article entrusted to the appointing authority specified in Article 43, paragraph 3 of this Law, shall not be subject to appeal.