When appointing an arbitrator, the Madrid Court of Arbitration considers the particular case at hand and analyses the background, education and experience of the candidates, with a view to selecting arbitrators appropiate for the specific arbitration. In this process, the Court traditionally consulted its list of arbitrators (which provided guidance) but it could appoint arbitrators who are not included in that list, if appropriate. On 11 July 2018 however, the list of arbitrators was suppressed. This change, which will take effect on 12 October 2018, is explained in detail here.
Under the Court’s Rules, the parties are free to elect party-appointed arbitrators and to agree on who the chairperson should be. If such agreement was not reached within the timeframe set in the Rules, the Court will make the appointment.
For the appointment of arbitrators, the Court will follow these guidelines, which include the following possibilities: appointment of a specific person or appointment using list methods, which involve presenting a number of candidates to the parties and receiving the parties' preferences.
From 12 October 2018 onwards the names of the arbitrators appointed by the Court, the parties and the coarbitrators will be publically available, through this website. The information will also include the arbitrators’ nationality and whether the arbitrator was appointed by the parties, the coarbitrators or the Court. Further, it will indicate if the case is still ongoing.
There is more information on the arbitrator appointment procedure in the Arbitrator Appointment Comittee section of this web.