Clauses for appointing arbitrators from the International Construction Arbitrators Association

Contracting parties wishing to ensure that any arbitration is conducted by an experienced specialist international construction arbitrator should consider the following with their lawyers.

Particular condition in FIDIC contract where ICC arbitration is prescribed (i.e. the default provision): Unless the Parties are able to agree upon an individual to act as sole or chair/president arbitrator (as the case may be), the sole or chair/president arbitrator to be submitted for confirmation to the Court of the ICC will be the person nominated by the President of the International Construction Arbitrators Association (ICAA).

Form of agreement after dispute has arisen under FIDIC contract where ICC arbitration is prescribed: As the Parties have not agreed upon an individual to act as sole or chair/president arbitrator (as the case may be), the following procedure will apply: the sole or chair/president arbitrator to be submitted for confirmation to the Court of the ICC will be the person nominated by the President of the ICAA.

As all projects and contracts are different and take place in many different legal jurisdictions, it is essential that legal advice is taken to adapt the above appropriately. 

Where something other than ICC arbitration has been agreed, further adjustment may be required.