(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.