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GUIDE to TOMAC ARBITRATION
6. Appointment of Arbitrators
Table of Contents
- Under Ordinary Rules, in the case of Two Parties' Case, Each party shall
nominate an arbitrator from among the persons who are listed on the Panel
of TOMAC Arbitrators and the two arbitrators thus nominated shall, unless
otherwise agreed, nominate a third arbitrator.
In the case of Multi-parties Case, unless otherwise agreed by the parties,
where there are more than two parties to an arbitration, TOMAC shall appoint
an arbitrator or arbitrators taking into account all parties' intention.
Under the SCAP Rules, a sole Arbitrator, who has no connection with either
of the parties or the matter in dispute, should be appointed by TOMAC from
among persons listed on "the Panel of Arbitrators" within 10
days from the day when the Respondent's Defense was filed or should have
been filed, whichever is earlier. Under the Simplified Rules uneven number
of arbitrators, usually a sole arbitrator, will be appointed within 10
days.
- The arbitrator are selected based upon TOMAC's understanding of the nature
of the arbitration in question. When there are an insufficient number of
appropriate candidates, TOMAC will go outside the Panel to make their selection.
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(Sample)
______________, 20____
Claimant's Representative: ______________
Respondent's Representative: ______________
NOTICE OF ARBITRATOR NOMINATIONS
ARBITRATION ARISING OUT OF THE DISPUTES
RELATING TO THE TIME CHARTER FOR THE S.S. HEISEI MARU
(CASE No. TOMAC-2014XXX)
In accordance with Section 15 of the Rules of Arbitration of TOMAC, we
hereby nominate the following as our preferred arbitrators in the above
captioned case.
Mr. Zento Suzuki (Suzuki Line)
Claimant's Representative: (Signature)
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