Arbitration - Investing into North African Solar Power - page 69

does not have the competence to check the whole contract. The SCC Rules do not
really stipulate regulations concerning jurisdiction, except that the Board may
decide about the tribunal jurisdiction (Art. 9(i) of the SCC Rules). In the case of
the CAM, the Arbitral Council decides about the admissibility of the arbitration
(Art. 11(1) of the CAM Rules). The decision of the Council is not binding for the
tribunal, according to Art. 11(2) of the CAM Rules. According to Art. 23(1) of the
UNCITRAL Rules, the arbitral tribunal rules on its own jurisdiction, and the
validity of the arbitration agreement and the respective contract.

2.2.2.2 Arbitrator

It is important that the arbitrators are aware of the law of the country where the
award is going to be enforced. 203 Otherwise, the award could be just a “waste of
paper”. 204 This includes a well balanced choice of arbitrators, as there are stereo-
types that Western arbitrators only reflect their cultural background. 205 However,
there are often very few arbitrators from Arab countries. This also reflects ICC
arbitration. Within ICC practice, only a small amount of chosen arbitrators stem
from the Middle East or Africa. 206
All the different arbitration rules include special provisions on the appointment
of the arbitrators. One general principle that all rules stipulate that the arbitrator
must be impartial and independent (Art. 14(1) of the SCC Rules/Art. 11(1) of the
ICC Rules and Art. 2(4) Appendix V to the ICC Rules/Art. 5.2 of the LCIA Rules/
Art. 8(4) of the CRCICA Rules/Art. 1(1) and 6-7 (Code of Ethics of Arbitrators) of
the CAM Rules/Art. 8 and 6(7) of the UNCITRAL Rules).
The number of arbitrators is also an important, because parties might be confi-
dent with 1, 3 or more arbitrators. In some arbitration rules, there are three
arbitrators (Art. 12 of the SCC Rules/Art. 10(1) of the CRCICA Rules/Art. 7
(1) of the UNCITRAL Rules). However, there are also few arbitration rules
which use just one arbitrator, unless this has been agreed to by the parties (Art.
13(1) and (2) of the ICC Rules and Art. 2(1) Appendix V to the ICC Rules/Art. 5.4
of the LCIA Rules/Art. 13(2) of the CAM Rules).
Furthermore, there is the possibility to challenge an arbitrator under all the
arbitration rules (Art. 15 of the SCC Rules/Art. 14(4) of the ICC Rules and Art.
3 Appendix V to the ICC Rules/Art. 10.3 of the LCIA Rules/Art. 11-13 of the
CRCICA Rules/Art. 19 of the CAM Rules/Art. 12 of the UNCITRAL Rules).
Finally, there are regulations concerning the release or replacement of an arbitrator

203

Euro-Mediterranean Association for Cooperation and Development e.V. ( 2010 ), 1; cf Ahdab
and Stackpool-Moore ( 2008 ), 275 (278).
204 Euro-Mediterranean Association for Cooperation and Development e.V. ( 2010 ), 1.
205 Ahdab and Stackpool-Moore ( 2008 ), 275 (277).
206 Although the number is increasing, in: Nariman ( 2004 ), 123 (125); Ahdab and Stackpool-
Moore ( 2008 ), 275 (277-278); Opposite opinion, in: Hammoud and Houerbi ( 2008 ), 231 (240).