VIII APPOINTMENT OF ARBITRATORS
The LRA Arbitration Panel
35. Arbitrators are selected to serve on the LRA Arbitration Panel on the basis of their practical knowledge and experience of employment issues in the workplace and good employment relations practice. They are recruited through an open recruitment exercise, and appointed to the Panel on the basis of standard terms of appointment. It is a condition of their appointment that they exercise their duties in accordance with the terms of this Scheme. Each appointment is initially for a period of three years, although it may be renewed by the LRA, at the latter’s discretion. Payment is made by the LRA on the basis of a fee for each case heard.
Appointment to a case
36. Arbitral appointments are made exclusively by the LRA from the LRA Arbitration Panel. Parties will have no choice of arbitrator.
37. Once the LRA has been notified of a valid Arbitration Agreement, it will select and appoint an arbitrator, and notify all parties of the name of the arbitrator so appointed. In making or reviewing an appointment the LRA will take into account matters such as conflicts of interest.
Arbitrator’s duty of disclosure
38. Arbitrators have a continuing duty to disclose to the LRA any matter relating to the appropriateness, propriety, impartiality or conflict of interest concerning their appointment to hear a case. In support of this arbitrators will be required to disclose their interests to the LRA. The LRA will hold a register of arbitrators' interests. Notwithstanding arbitrators disclosing their continuing interests, the register will be formally updated on an annual basis.
39. Once appointed, and until the arbitration is concluded, every arbitrator shall be under a continuing duty forthwith to disclose to the LRA any such interests which may have arisen since appointment.
Removal of an arbitrator
40. Arbitrators may only be removed by the LRA or the court (under the provisions in paragraphs 41 to 43 below).
41. Applications under the Scheme to remove an arbitrator on any of the grounds set out in sections 24(1)(a) and (c) of the Arbitration Act 1996 shall be made in the first instance to the LRA.
42. If the LRA refuses such an application, a party may thereafter apply to the court.
43. –
(1) Sections 24(1)(a) and (c), 24(2), 24(3), 24(5) and 24(6) of the Arbitration Act 1996(1) shall apply to arbitrations conducted in accordance with the Scheme, subject to the following modifications.
(2) In subsection (1) for “(upon notice to the other parties, to the arbitrator concerned and to any other arbitrator) apply to the court”substitute “(upon notice to the other party, to the arbitrator concerned and to the Labour Relations Agency) apply to the High Court or the Belfast Recorder’s Court”.
(3) In subsection (2)–
(a)omit “If there is an arbitral or other institution or person vested by the parties with power to remove an arbitrator,”; and
(b)for “that institution or person”substitute “the Labour Relations Agency”.
44. The arbitrator may continue the proceedings and make an award while an application to the LRA (as well as the court) to remove him/her is pending.
Death of an arbitrator
45. The authority of an arbitrator is personal and ceases on his/her death.
Replacement of an arbitrator
46. Where an arbitrator ceases to hold an appointment for any reason, he/she shall be replaced by the LRA in accordance with the appointment provisions above.
47. Once appointed, the replacement arbitrator shall determine whether and, if so, to what extent the previous proceedings should stand.
Sections 24(1)(a) and (c), (2), (3), (5) and (6) of the Arbitration Act 1996 provide as follows:
“24. –
(1) A party to arbitral proceedings may (upon notice to the other parties, to the arbitrator concerned and to any other arbitrator) apply to the court to remove an arbitrator on any of the following grounds–
(a)that circumstances exist that give rise to justifiable doubts as to his impartiality;
... ... ... ...”
(c)that he is physically or mentally incapable of conducting the proceedings or there are justifiable doubts as to his capacity to do so;
... ... ... ...”
(2) If there is an arbitral or other institution or person vested by the parties with power to remove an arbitrator, the court shall not exercise its power of removal unless satisfied that the applicant has first exhausted any available recourse to that institution or person.
(3) The arbitral tribunal may continue the arbitral proceedings and make an award while an application to the court under this section is pending.
... ... ... ...”
(5) The arbitrator concerned is entitled to appear and be heard by the court before it makes any order under this section.
(6) The leave of the court is required for any appeal from a decision of the court under this section.”