ICSID Dodatna arbitražna pravila (engleski tekst)

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Član Rule 82 ICSID Dodatna arbitražna pravila (engleski tekst) – Appointment of Three-Member Tribunal for Expedited Arbitration

Rule82

Appointment of Three-Member Tribunal for Expedited Arbitration

(1) A three-member Tribunal shall be appointed in accordance with the following procedure:
a)
each party shall appoint an arbitrator ( "co-arbitrator" ) within 20 days after the notice referred to in ; and
b)
the parties shall jointly appoint the President of the Tribunal within 20 days after the receipt of the acceptances from both co-arbitrators.
(2) The Secretary-General shall appoint the arbitrators not yet appointed if:
a)
an appointment is not made within the applicable time limit referred to in ;
b)
the parties notify the Secretary-General that they are unable to agree on the President of the Tribunal; or
c)
an appointee declines the appointment or does not comply with .
(3) The following procedure shall apply to the appointment by the Secretary-General of any arbitrators pursuant to :
a)
the Secretary-General shall first appoint the co-arbitrator(s) not yet appointed. The Secretary-General shall consult with the parties as far as possible and use best efforts to appoint the co-arbitrator(s) within 15 days after the relevant event in ;
b)
within 10 days after the later of the date on which both co-arbitrators have accepted their appointments or the relevant event referred to in , the Secretary- General shall transmit a list of five candidates for appointment as President of the Tribunal to the parties;
c)
each party may strike one name from the list and shall rank the remaining candidates in order of preference and transmit such ranking to the Secretary-General within 10 days after receipt of the list;
d)
the Secretary-General shall inform the parties of the result of the rankings on the next business day after receipt of the rankings and shall appoint the candidate with the best ranking. If two or more candidates share the best ranking, the Secretary-General shall select one of them; and
e)
if the selected candidate declines the appointment or does not comply with , the Secretary-General shall select the next highest-ranked candidate.