(1) In the absence of agreement between the parties regarding 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, all in accordance with Article 9 of these Rules.
(2) Upon the dispatch of the notice of registration of the request for
arbitration, the parties shall promptly proceed to constitute a Tribunal.
(3) The Tribunal shall consist of a sole arbitrator or any uneven number
of arbitrators appointed as the parties shall agree.
(4) If the Tribunal shall not have been constituted within 90 days after
the notice of registration of the request for arbitration has been dispatched
by the Secretary-General, or such other period as the parties may agree,
the Chairman of the Administrative Council (hereinafter called the "Chairman")
shall, at the request in writing of either party transmitted through the
Secretary-General, appoint the arbitrator or arbitrators not yet appointed
and, unless the President shall already have been designated or is to
be designated later, designate an arbitrator to be President of the Tribunal.
(5) Except as the parties shall otherwise agree, no person who had previously
acted as a conciliator or arbitrator in any proceeding for the settlement
of the dispute or as a member of any fact-finding committee relating thereto
may be appointed as a member of the Tribunal.
Nationality of Arbitrators
(1) The majority of the arbitrators shall be nationals of States other
than the State party to the dispute and of the State whose national is
a party to the dispute, unless the sole arbitrator or each individual
member of the Tribunal is appointed by agreement of the parties. Where
the Tribunal is to consist of three members, a national of either of these
States may not be appointed as an arbitrator by a party without the agreement
of the other party to the dispute. Where the Tribunal is to consist of
five or more members, nationals of either of these States may not be appointed
as arbitrators by a party if appointment by the other party of the same
number of arbitrators of either of these nationalities would result in
a majority of arbitrators of these nationalities.
(2) Arbitrators appointed by the Chairman shall not be nationals of the
State party to the dispute or of the State whose national is a party to
Qualifications of Arbitrators
Arbitrators shall be persons of high moral character and recognized competence
in the fields of law, commerce, industry or finance, who may be relied
upon to exercise independent judgment.
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 request, 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) either party shall, in a communication to the other party:
(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 other party to concur in the appointment of the arbitrator
proposed to be the President of the Tribunal and to appoint another
(b) promptly upon receipt of this communication the other party 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 initiating party shall notify the other party 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.
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. 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.
Acceptance of Appointments
(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 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.
Replacement of Arbitrators prior to Constitution of the Tribunal
At any time before the Tribunal is constituted, each party may replace
any arbitrator appointed by it and the parties may by common consent agree
to replace any arbitrator.
Constitution of the Tribunal
(1) The Tribunal shall be deemed to be constituted and the proceeding to have begun on the date the Secretary-General notifies the parties that all the arbitrators have accepted their appointment.
(2) Before or at the first session of the Tribunal, each arbitrator shall sign a declaration in the following form:
“To the best of my knowledge there is no reason why I should not serve on the Arbitral Tribunal constituted with respect to a dispute between ______________________ and ____________________.
“I shall keep confidential all information coming to my knowledge as a result of my participation in this proceeding, as well as the contents of any award made by the Tribunal.
“I shall judge fairly as between the parties and shall not accept any instruction or compensation with regard to the proceeding from any source except as provided in the Administrative and Financial Regulations of the Centre.
“Attached is a statement of (a) my past and present professional, business and other relationships (if any) with the parties and (b) any other circumstance that might cause my reliability for independent judgment to be questioned by a party. I acknowledge that by signing this declaration, I assume a continuing obligation promptly to notify the Secretary-General of the Centre of any such relationship or circumstance that subsequently arises during this proceeding.”
Any arbitrator failing to sign such a declaration by the end of the first session of the Tribunal shall be deemed to have resigned.
Replacement of Arbitrators after Constitution of the Tribunal
(1) After a Tribunal has been constituted and proceedings have begun,
its composition shall remain unchanged; provided, however, that if an
arbitrator should die, become incapacitated, resign or be disqualified,
the resulting vacancy shall be filled as provided in this Article and
Article 17 of these Rules.
(2) If an arbitrator becomes incapacitated or unable to perform the duties
of his office, the procedure in respect of the disqualification of arbitrators
set forth in Article 15 shall apply.
(3) An arbitrator may resign by submitting his resignation to the other
members of the Tribunal and the Secretary-General. If the arbitrator was
appointed by one of the parties, the Tribunal shall promptly consider
the reasons for his resignation and decide whether it consents thereto.
The Tribunal shall promptly notify the Secretary-General of its decision.
Disqualification of Arbitrators
(1) A party may propose to a Tribunal the disqualification of any of
its members on account of any fact indicating a manifest lack of the qualities
required by Article 8 of these Rules, or on the ground that he was ineligible
for appointment to the Tribunal under Article 7 of these Rules.
(2) A party proposing the disqualification of an arbitrator shall promptly,
and in any event before the proceeding is declared closed, file its proposal
with the Secretary-General, stating its reasons therefor.
(3) The Secretary-General shall forthwith:
(a) transmit the proposal to the members of the Tribunal and, if it
relates to a sole arbitrator or to a majority of the members of the
Tribunal, to the Chairman; and
(b) notify the other party of the proposal.
(4) The arbitrator to whom the proposal relates may, without delay, furnish
explanations to the Tribunal or the Chairman, as the case may be.
(5) The decision on any proposal to disqualify an arbitrator shall be
taken by the other members of the Tribunal except that where those members
are equally divided, or in the case of a proposal to disqualify a sole
arbitrator, or a majority of the arbitrators, the Chairman shall take
(6) Whenever the Chairman has to decide on a proposal to disqualify an
arbitrator, he shall use his best efforts to take that decision within
30 days after he has received the proposal.
(7) The proceeding shall be suspended until a decision has been taken
on the proposal.
Procedure during a Vacancy on the Tribunal
(1) The Secretary-General shall forthwith notify the parties and, if
necessary, the Chairman of the disqualification, death, incapacity or
resignation of an arbitrator and of the consent, if any, of the Tribunal
to a resignation.
(2) Upon the notification by the Secretary-General of a vacancy on the
Tribunal, the proceeding shall be or remain suspended until the vacancy
has been filled.
Filling Vacancies on the Tribunal
(1) Except as provided in paragraph (2) of this Article, a vacancy resulting
from the disqualification, death, incapacity or resignation of an arbitrator
shall be promptly filled by the same method by which his appointment had
(2) In addition to filling vacancies relating to arbitrators appointed
by him, the Chairman shall:
(a) fill a vacancy caused by the resignation, without the consent of
the Tribunal, of an arbitrator appointed by a party; or
(b) at the request of either party, fill any other vacancy, if no new
appointment is made and accepted within 45 days of the notification
of the vacancy by the Secretary-General.
(3) In filling a vacancy the party or the Chairman, as the case may be,
shall observe the provisions of these Rules with respect to the appointment
of arbitrators. Article 13(2) of these Rules shall apply mutatis mutandis
to the newly appointed arbitrator.
Resumption of Proceeding after Filling a Vacancy
As soon as a vacancy on the Tribunal has been filled, the proceeding
shall continue from the point it had reached at the time the vacancy occurred.
The newly appointed arbitrator may, however, require that the oral procedure
be recommenced, if this had already been started.