Functions

Scenario or Dispute	Procedure
Parties disagree over procedural matters such as CAA’s competence to administer the arbitration; the applicable arbitration rules; the number of arbitrators; the language and seat of arbitration.	The parties may agree to submit the disagreement to the CAA Court for preliminary determination. The decision of the CAA Court does not affect the arbitral tribunal’s jurisdiction for such matters. (Sample agreement)
Arbitral institution to appoint the arbitrator	Handled in accordance with Article 11, Paragraph 2 of the Arbitration Law
One of the parties fails to nominate an arbitrator within the time limit	Handled in accordance with Article 12, Paragraph 1 of the Arbitration Law: the requesting party may apply for the CAA Court’s appointment.
Party-appointed arbitrators fail to nominate the presiding arbitrator within the time limit	Handled in accordance with Article 9, Paragraphs 2 and 4 of the Arbitration Law: either party may apply for the CAA Court’s appointment
Arbitrator appointed by CAA becomes unable to perform the duties of an arbitrator	Handled in accordance with Article 13, Paragraph 4 of the Arbitration Law: CAA Court to make the appointment upon a party’s application or ex officio.
Challenge of arbitrator	Article 17, Paragraph 1 proviso of the Arbitration Law: parties may agree to submit to the CAA Court for decision (through Letter of Appointment of Arbitrator or party’s written agreement)
One of the parties disagree with the arbitral tribunal’s determination of the amount in dispute	Handled in accordance with Article 21-1, Paragraph 4 of the CAA Rules: any party may apply to the CAA Court for review
Arbitrator’s contravention of the CAA Code of Ethics	Article 19 of the CAA Code of Ethics for Arbitrators: any party may submit the complaint to the CAA Court
Determination of arbitrator’s fees in cases of arbitral tribunal’s failure to render the arbitral award, or an arbitrator’s refusal to sign the arbitral award.	The parties and the arbitrator may agree to submit the dispute to the CAA Court for determination. (Sample agreement – refusal to sign / delayed arbitral award)