Common use of Composition of the Arbitral Tribunal Clause in Contracts

Composition of the Arbitral Tribunal. 1. The Parties shall apply the following procedures in establishing an Arbitral Tribunal: (a) the Arbitral Tribunal shall comprise three members; (b) within 15 days after the notification of the request for the establishment of the Arbitral Tribunal, the complaining Party shall appoint one arbitrator and the Party complained against shall appoint one arbitrator. If the complaining Party or the Party complained against fail to appoint an arbitrator within such period, an arbitrator shall be selected by lot from the indicative roster of that Party established under Article 12.8 within 3 days after expiration of said period; (c) the Parties shall endeavor to agree on a third arbitrator who shall serve as chair, within 15 days from the date the second arbitrator has been appointed or selected. If the Parties are unable to agree on the chair, the chair shall be selected by lot from the roster established under Article 12.8 within 3 days after expiration of said period; (d) each disputing Party shall endeavor to select arbitrators who have expertise or experience relevant to the subject matter of the dispute. 2. In case that a Party raises a reasoned objection against an arbitrator regarding his or her compliance with the Code of Conduct attached as Annex 12-B, the Parties shall follow the procedures provided for in rules 15 and 16 of Annex 12-A. 3. If an arbitrator is unable to participate in the proceedings, is removed or resigns, a new arbitrator shall be selected as provided for in Annex 12-A.

Composition of the Arbitral Tribunal. 1. The Parties shall apply the following procedures in establishing an Arbitral Tribunal: (a) the Arbitral Tribunal shall comprise three (3) members; (b) within 15 fifteen (15) days after the notification of the request for the establishment of the Arbitral Tribunal, the complaining Party shall appoint select one arbitrator and the Party complained against shall appoint select one arbitrator. If the complaining Party or the Party complained against fail fails to appoint select an arbitrator within such period, an arbitrator shall be selected by lot from the indicative roster of that Party established under Article 12.8 14.8 within 3 three (3) days after expiration of the said period, in the presence of representatives of both Parties. If no indicative roster of that Party exists, the arbitrator shall be selected from the indicative roster for chair and if no such roster exists, the arbitrator shall be selected from the indicative roster of the other Party, within the same said period; (c) the Parties shall endeavor to agree on a third arbitrator who shall serve as chair, within 15 fifteen (15) days from the date the second arbitrator has been appointed or selected. If the Parties are unable to agree on the chair, the chair shall be selected by lot from the roster established under Article 12.8 14.8 within 3 three (3) days after expiration of the said period, in the presence of representatives of both Parties; (d) each disputing Party shall endeavor to select arbitrators who have expertise or experience relevant to the subject matter of the dispute. 2. In case that a Party raises a reasoned objection against an arbitrator regarding his or her compliance with the Code of Conduct attached as Annex 12-14- B, the Parties shall follow the procedures provided for in rules 15 and 16 of Annex 1214-A. 3. If an arbitrator is unable to participate in the proceedings, is removed or resigns, a new arbitrator shall be selected as provided for in Annex 1214-A.