Arbitrator (legal)
An arbitrator is a person who, as a member of an arbitration tribunal, is appointed to make a decision in arbitration proceedings in accordance with Book 10 of the ZPO .
General
An arbitration tribunal becomes responsible for the decision of a legal dispute if the parties involved in a legal relationship so agree in an arbitration agreement ( § 1029 ZPO). The parties may also agree on a procedure for determining the arbitrator (s); if they fail to make such an agreement, the arbitrator (s ) will be determined by a state court ( Section 1035 ZPO). Arbitrators can also be rejected because of bias ( § 1036 ZPO). If the rejection is unsuccessful according to the procedure agreed between the parties, if one has been agreed, or otherwise within two weeks after the reason for the rejection became known, a state court can be brought before a state court ( Section 1037 ZPO).
The parties can freely agree on the number of arbitrators appointed to make a decision; if no number is agreed, three arbitrators are to be appointed. The parties are free to choose the person, the only limit resulting from the principle that the administration of justice must be neutral and non-partisan. A qualification for judicial office or other formal qualifications are not required to be appointed as an arbitrator.
The office of arbitrator ends, except when the arbitration proceedings are terminated, if the arbitrator is not able to fulfill his task or if he otherwise fails to fulfill his tasks and he therefore resigns or the parties agree to terminate his office ( § 1038 ZPO).
literature
- Zöller (Ed.), Code of Civil Procedure , 29th edition 2012, commentary on §§ 1025 - 1088 ZPO.
Individual evidence
- ↑ The rejection of arbitrators due to bias in international arbitration - international standards and case studies. In: www.arbitrator-challenge.com. Retrieved December 22, 2016 .
