(1) In the absence of agreement between the parties regarding the number of arbitrators and the method of their appointment, the Tri- bunal shall consist ofthree 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 ofthe notice ofregistration ofthe 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 arbitra- tor 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 ofthe dispute or as a member ofany fact-finding committee relating thereto may be appointed as a member of the Tribunal.

(1) The majority ofthe arbitrators shall be nationals ofStates 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 ofthese 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 ofthe same number ofarbitrators ofeither ofthese nation- alities would result in a majority of arbitrators of these nationalities.

(2) Arbitrators appointed by the Chairman shall not be nationals ofthe State party to the dispute or ofthe State whose national is a party to the dispute.

Arbitrators shall be persons ofhigh moral character and recognized competence in the fields of law, commerce, industry or finance, who may be relied upon to exercise independent judgment.

(1) If the parties have not agreed upon the number of arbitrators and the method of their appointment within 60 days after the registra- tion of the request, the Secretary-General shall, upon the request of either party promptly inform the parties that the Tribunal is to be con- stituted in accordance with the following procedure:

(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.

(1) Promptly upon receipt of a request by a party to the Chairman to make an appointment or designation pursuant to

Article 6(4)

ofthese Rules,the Secretary-General shall send a copy thereofto 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.

(1) The party or parties concerned shall notify the Secretary-Gen- eral 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 appro- priate the Chairman,and invite them to proceed to the appointment of another arbitrator in accordance with the method followed for the pre- vious appointment.

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.

(1) The Tribunal shall be deemed to be constituted and the pro- ceeding 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 ofmy participation in this proceeding,as well as the con- tents 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 (ifany) 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 cir- cumstance 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.

(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 dis- qualified,the resulting vacancy shall be filled as provided in this Article and

Article 17

of these Rules.

(2) Ifan 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 arbi- trator 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.

(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:

(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 that decision.

(6) Whenever the Chairman has to decide on a proposal to dis- qualify 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.

(1) The Secretary-General shall forthwith notify the parties and,if necessary, the Chairman of the disqualification, death, incapacity or resignation ofan arbitrator and ofthe consent,ifany,ofthe Tribunal to a resignation.

(2) Upon the notification by the Secretary-General ofa vacancy on the Tribunal, the proceeding shall be or remain suspended until the vacancy has been filled.

(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 been made.

(2) In addition to filling vacancies relating to arbitrators appointed by him,the Chairman shall:

(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 mutandisto the newly appointed arbitrator.

As soon as a vacancy on the Tribunal has been filled,the proceed- ing 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.