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(2) The communications provided for in this Rule shall be made or promptly confirmed in writing and shall either be transmitted through the Secretary-General or directly between the parties with a copy to the Secretary-General. Rule 4 (1) If the Tribunal is not constituted within 90 days after the dispatch by the Secretary General of the notice of registration, or such other period as the parties may agree, either party may, through the Secretary General, address to the Chairman of the Administrative Council a request in writing to appoint the arbitrator or arbitrators not yet appointed and to designate an arbitrator to be the President of the Tribunal. (2) The provision of paragraph (1) shall apply mutatis mutandis in the event that the parties have agreed that the arbitrators shall elect the President of the Tribunal and they fail to do so. (3) The Secretary-General shall forthwith send a copy of the request to the other party. (4) The Chairman shall, with due regard to Articles 38 and 40 (1) of the Convention, and after consulting both parties as far as possible, comply with that request within 30 days after its receipt. (5) The Secretary General shall promptly notify the parties of any appointment or designation made by the Chairman. Rule 5 (1) The party or parties concerned shall notify the Secretary-General of the appointment of each arbitrator and indicate the method of his appointment. (2) As soon as the Secretary-General has been informed by a party or the Chairman of the Administrative Council of the appointment of an arbitrator, he shall seek an acceptance from the appointee. (3) If an arbitrator fails to accept his appointment within 15 days, the Secretary-General shall promptly notify the parties, and if appropriate the Chairman, and invite them to proceed to the appointment of another arbitrator in accordance with the method followed for the previous appointment.
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