(1) No person shall be precluded by reason of his/her nationality from acting as an arbitrator, unless otherwise agreed by the parties.(2) The parties are free to agree on a procedure for appointing the arbitrator or arbitrators, subject to the provisions of subsections (4) and (5) of this section.(3) Failing such agreement:(a) In an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator. If a party fails to appoint the arbitrator within thirty (30) days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty (30) days of their appointment, the appointment shall be made, upon request of a party, by the court specified in § 3241 of this title.(b) In an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, the arbitrator shall be appointed, upon request of a party, by the court specified in § 3241 of this title.(4) Where, under an appointment procedure agreed upon by the parties:(a) A party fails to act as required under such procedure; or(b) the parties, or two arbitrators,

pecified in § 3241 of this title.(4) Where, under an appointment procedure agreed upon by the parties:(a) A party fails to act as required under such procedure; or(b) the parties, or two arbitrators, are unable to reach an agreement under such procedure, or(c) a third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the court or other authority specified in of § 3241f of this title to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.(5) A decision on a matter entrusted by subsection (3) or (4) of this section to the court specified in subsection (3) or (4) of this section is not appealable. The court or other authority in appointing an arbitrator shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations that are likely to secure the appointment of an independent and impartial arbitrator. In the case of a sole or third arbitrator, the court shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the

nt and impartial arbitrator. In the case of a sole or third arbitrator, the court shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties. History —Jan. 5, 2012, No. 10, § 3.02.