CHAPTER IV
Arbitration
Section I
Request for Arbitration
Article 36
(1) Any Contracting State or any national of a Contracting
State wishing to institute arbitration proceedings shall address a request to that effect
in writing to the Secretary-General who shall send a copy of the request to the other
party.
(2) The request shall contain information concerning the
issues in dispute, the identity of the parties and their consent to arbitration in
accordance with the rules of procedure for the institution of conciliation and arbitration
proceedings.
(3) The Secretary-General shall register the request unless
he finds, on the basis of the information contained in the request, that the dispute is
manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parties
of registration or refusal to register.
Section 2
Constitution of the Tribunal
Article 37
(1) The Arbitral Tribunal (hereinafter called the Tribunal)
shall be constituted as soon as possible after registration of a request pursuant to
Article 36.
(2) (a) The Tribunal shall consist of a sole arbitrator or any uneven number of
arbitrators appointed as the parties shall agree.
(b) Where the parties do not agree upon the number of arbitrators and the
method of their appointment, the Tribunal shall consist of three arbitrators, one
arbitrator appointed by each party and the third, who shall be the president of
the Tribunal, appointed by agreement of the parties.
Article 38
If the Tribunal shall not have been constituted within 90
days after notice of registration of the request has been dispatched by the
Secretary-General in accordance with paragraph (3) of Article 36, or such other period as
the parties may agree, the Chairman shall, at the request of either party and after
consulting both parties as far as possible, appoint the arbitrator or arbitrators not yet
appointed. Arbitrators appointed by the Chairman pursuant to this Article shall not be