About Arbitrators

Arbitrators are those persons responsible for resolving a dispute between the parties.   They are chosen by the parties to the dispute, not appointed.   If the parties cannot agree on their choice, then the CDB will make the appointment from the List of Arbitrators.

There will be either one or three arbitrators. Again, this is a decision of the parties who make that decision either in a clause inserted in the contract or at the time that the parties agree to arbitrate. This decision is made on the appropriate form. CAC01 for the Claimant and CAC02  for the Respondent.

The arbitrators are independent persons, ie. they are independent of the parties and of the Government. This means that they are not Government officials and are not connected with the parties in any way. For example, they may not be directors, employees of or investors in any of the parties nor may they be related to them. They should not either be otherwise unfairly disposed to one of the parties. On the other hand, they may themselves be experienced contractors although, of course, they may not be involved as arbitrators in any dispute in which they are or may be seen to be involved or where their impartiality is or may be compromised.

The arbitrators are under a duty to satisfy themselves and the Secretariat of the CDB, before they accept their appointment as arbitrators, that there is no conflict of interest. To this end, they are required to sign an acceptance form which includes a declaration of their independence. If this proves to be false, they will be removed from the List of Arbitrators.

The arbitrators will apply the law of Bhutan. However, if the parties agree, they may also reach their decision based on their own understanding of the fair and objective principles which apply in the construction industry. Even here, however, the arbitrators will be required to have regard to the terms of the contract in dispute and the relevant trade usages.

Arbitrators do not act as arbitrators full-time. They are called upon only as and when they are chosen by the parties to resolve a particular dispute. Arbitrators appear on a List of Arbitrators maintained by the CDB. The parties chose their arbitrators from this List.

The List is composed of independent persons who have been screened by the CDB Secretariat.  They are screened according to a set of objective and transparent criteria. The List is open to anyone fulfilling those criteria.

In this way, the screening process ensures and guarantees that those persons appearing on the List are:

  • Reputable and respected
  • Impartial and fair
  • Suitably qualified
  • Experienced

The types of people appearing on the List are senior and experienced:

  • Businessmen
  • Contractors
  • Former Government officials
  • Former Justices
  • Lawyers
  • Accountants and finance specialists

If you think you fulfil these criteria, please take a look at "How to become an arbitrator"

 

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