FAI appointing arbitrators in ad hoc cases
Parties may agree that the FAI appoint the arbitral tribunal, even though the arbitration is not administered by the FAI nor subject to the FAI Rules. In this case, the arbitration proceedings are referred to as ad hoc proceedings.
If the arbitration is meant to take place in Finland, the arbitration proceedings are governed solely by the Finnish Arbitration Act (967/1992). According to the Arbitration Act, ad hoc proceedings are commenced by the claimant submitting a written notice of arbitration to the respondent (see Sections 12(1) and 21 of the Arbitration Act). The Arbitration Institute cannot take actions to start ad hoc proceedings. The Institute can merely appoint the arbitral tribunal in ad hoc proceedings commenced by the claimant.
Depending on the contents of the applicable arbitration agreement, the Institute may appoint a sole arbitrator, a presiding arbitrator of a three-member arbitral tribunal, all the members of the arbitral tribunal or an arbitrator on behalf of a defaulting party that has failed to appoint an arbitrator where so required by the arbitration agreement. Before making any appointment, the Institute shall grant the respondent an opportunity to be heard.
Request for appointment of the arbitral tribunal
Once the claimant has commenced ad hoc proceedings, it must submit a written request for appointment of the arbitral tribunal to the Arbitration Institute. The request must include the following:
1. the name, profession and contact details of each party and their counsel;
2. a short account of the dispute;
3. a preliminary statement of the claimant’s claim and an indication of the amount in dispute expressed in euro;
4. the name and contact details of the arbitrator appointed by the claimant, if applicable;
5. a copy of any document on which the claim is based and, unless incorporated in the former, a copy of the arbitration agreement; and
6. a copy of the notice of arbitration referred to in Section 12(1) of the Arbitration Act, which the claimant has served on the respondent.
The fee for the appointment of the arbitral tribunal is EUR 3 000.
The fee is payable to the bank account of the Finland Chamber of Commerce:
The request must be accompanied by a proof of payment of the fee.
Number of copies
The request with attachments must be submitted in the number of copies required to provide one copy for the Arbitration Institute, one for each respondent and one for each arbitrator.
The respondent’s answer to the request must include:
1. the respondent’s preliminary response to the relief sought by the claimant;
2. the respondent’s observations or proposals as to the number of arbitrators; and
3. the name and contact details of the arbitrator appointed by the respondent.