Article 10
Method of Constituting the Tribunal in the Absence
of Agreement between the Parties
(1) If the parties have not agreed upon the number of
arbitrators and the method of their appointment within 60 days after the registration of
the notice, the Secretary-General shall, upon the request of either party promptly inform
the parties that the Tribunal is to be constituted in accordance with the following
procedure:
(a) the Claimant shall, in a communication to the
Respondent:
(i) name two persons, identifying one of them, who shall
not have the same nationality as nor be a national of either party, as the arbitrator
appointed by it, and the other as the arbitrator proposed to be the President of the
Tribunal; and
(ii) invite the Respondent to concur in the appointment
of the arbitrator proposed to be the President of the Tribunal and to appoint another
arbitrator;
(b) promptly upon receipt of this communication the
Respondent shall, in its reply:
(i) name a person as the arbitrator appointed by it, who
shall not have the same nationality as nor be a national of either party; and
(ii) concur in the appointment of the arbitrator
proposed to be the President of the Tribunal or name another person as the arbitrator
proposed to be President; and
(c) promptly upon receipt of the reply containing such a
proposal, the Claimant shall notify the Respondent whether it concurs in the appointment
of the arbitrator proposed by that party to be the President of the Tribunal.
(2) The communications provided for in paragraph (1) of
this Article 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.
Article 11
Appointment of Arbitrators and Designation of President of
Tribunal by the Chairman of the Administrative Council
(1) Promptly upon receipt of a request by a party to the
Chairman to make an appointment or designation pursuant to Article 6 (4) of these Rules,
the Secretary-General shall send a copy thereof to the other party.
(2) The Chairman shall use his best efforts to comply
with that request within 30 days after its receipt, or such longer period as the parties
may agree. Before he proceeds to make appointments or a designation, he shall consult both
parties as far as possible.
(3) The Secretary-General shall promptly notify the
parties of any appointment or designation made by the Chairman.
