Composition of the Tribunal. The Arbitration Tribunal shall be composed of three (3) members, to be appointed in the following manner: one by the Bank, another by the Beneficiary, and a third, hereinafter called the “Referee”, by direct agreement between the parties or through their respective arbitrators. If the parties or the arbitrators fail to agree on who shall be the Referee, or if one of the parties fails to appoint the arbitrator, the Referee shall be appointed, at the request of either party, by the Secretary General of the Organization of American States. If either of the parties fails to appoint an arbitrator, he or she shall be appointed by the Referee. If either of the appointed arbitrators or the Referee is unwilling or unable to act or to continue to act, his or her successor shall be appointed in the same manner as for the original appointment. The successor shall perform the same functions and shall have the same powers as his or her predecessor.
Composition of the Tribunal. (a) The Arbitration Tribunal shall be composed of three members to be appointed in the following manner: one by the Bank, another by the Borrower, and a third, hereinafter called the “Referee”, by direct agreement between the parties or through their respective arbitrators. If the parties or the arbitrators fail to agree on who the Referee shall be, or if one of the parties should not designate an arbitrator, the Referee shall be appointed, at the request of either party, by the Secretary General of the Organization of American States. If either of the parties fails to appoint an arbitrator, one shall be appointed by the Referee. If either of the appointed arbitrators or the Referee is unwilling or unable to act or to continue to act, his successor shall be appointed in the same manner as for the original appointment. The successor shall have the same functions and faculties as his predecessor.
(b) If the controversy affects not only the Borrower but also the Guarantor, if any, both shall be considered a single party and consequently shall act jointly in the designation of the arbitrator and for the other purposes of the arbitration proceedings.
Composition of the Tribunal. The Tribunal will have sufficient members to conduct hearings (both in the English and French languages) across Canada, all of whom will be independent. As a whole, the Tribunal will possess the requisite capital markets and adjudicative expertise.
Composition of the Tribunal. (a) The arbitration tribunal shall be composed of three members to be appointed in the following manner: one by the Bank; another by the Borrower; and a third, hereinafter the “President,” by direct agreement between the Parties or through their respective arbitrators. In all decisions, the President of the tribunal shall have the right to cast a double vote in the case of deadlock. If the Parties or the arbitrators fail to agree on who the President shall be, or if one of the Parties is unable to designate an arbitrator, the President shall be appointed, at the request of either Party, by the Secretary General of the Organization of American States. If either of the Parties fails to appoint an arbitrator, one shall be appointed by the President. If either of the appointed arbitrators or the President is unwilling or unable to act or to continue to act, his or her successor shall be appointed in the same manner as for the original appointment. The successor shall have the same functions as his or her predecessor.
(b) In any conflict, both the Borrower and the Guarantor shall be considered a single party and, consequently, shall act jointly in the designation of the arbitrator and for the other purposes of the arbitration proceedings.
Composition of the Tribunal. (a) The arbitration tribunal shall be composed of three members to be appointed in the following manner: one by the Bank; another by the Beneficiary; and a third, hereinafter the “President,” by direct agreement between the Parties or through their respective arbitrators. In all decisions, the President of the tribunal shall have the right to cast a double vote in the case of deadlock. If the Parties or the arbitrators fail to agree on who the President shall be, or if one of the Parties is unable to designate an arbitrator, the President shall be appointed, at the request of either Party, by the Secretary General of the Organization of American States. If either of the Parties fails to appoint an arbitrator, one shall be appointed by the President. If either of the appointed arbitrators or the President is unwilling or unable to act or to continue to act, his or her successor shall be appointed in the same manner as for the original appointment. The successor shall have the same functions as his or her predecessor.
Composition of the Tribunal. In the Event of Failure of a Disputing Party to Appoint an Arbitrator or Failure to Agree on the Appointment of the Chairman of the Arbitral Tribunal
1. The Secretary-General shall appoint arbitrators in arbitration proceedings in accordance with this Section.
2. Where a tribunal, other than a tribunal established pursuant to section 15-27, is not constituted within 90 days from the date on which the claim is submitted to arbitration, the Secretary-General shall, at the request of either disputing party, appoint, at his discretion, the arbitrator or arbitrators not yet appointed, but not the presiding arbitrator or arbitrators, who shall be appointed in accordance with paragraph 3.
3. The Secretary-General shall appoint the president of the tribunal from among the arbitrators on the list referred to in paragraph 4, ensuring that the president of the tribunal is not a national of the disputing Party or a national of the Party of the disputing investor. In the event that an arbitrator available to chair the tribunal is not found on the list, the Secretary- General shall appoint, from the ICSID Panel of arbitrators, the chair of the tribunal, provided that the chair of the tribunal is not a national of the disputing Party or a national of the Party of the disputing investor.
4. Upon entry into force of this Agreement, the Parties shall establish and maintain a list of 15 arbitrators as potential chairpersons of the arbitral tribunal who meet the qualifications set forth in the ICSID Convention and the rules referred to in Article 15-21 and who have experience in international law and investment matters. The arbitrators on the list shall be appointed by consensus without regard to their nationality.
