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.
Appears in 8 contracts
Samples: Grant Agreement, Grant Agreement, Technical Cooperation Agreement
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.
Appears in 6 contracts
Samples: Grant Agreement, Grant Agreement, Non Reimbursable Technical Cooperation Agreement
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 arbitratorReferee, 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.
Appears in 2 contracts
Samples: Technical Cooperation Agreement, Technical Cooperation Agreement
Composition of the Tribunal. (a) The Arbitration Tribunal shall be composed of three (3) members, members to be appointed in the following manner: one by the Bank, another by the BeneficiaryCounter-Guarantor, and a third, hereinafter called the “Referee”, by direct agreement between the parties Parties or through their respective arbitrators. If the parties Parties or the arbitrators fail to agree on who the Referee shall be the Refereebe, or if one of the parties fails to appoint 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 Parties fails to appoint an arbitrator, he or she 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 or her successor shall be appointed in the same manner as for the original appointment. The successor shall perform have the same functions and shall have the same powers faculties as his or her predecessor.
Appears in 1 contract
Samples: Sovereign Counter Guarantee Contract
Composition of the Tribunal. The Arbitration Tribunal shall be composed of three (3) members, 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 the Referee shall be the Refereebe, or if one of the parties fails to appoint the 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, he or she 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 or her successor shall be appointed in the same manner as for the original appointment. The successor shall perform have the same functions and shall have the same powers faculties as his or her predecessor.
Appears in 1 contract
Samples: Non Reimbursable Financing Agreement
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 arbitratorReferee, 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.
Appears in 1 contract
Samples: Letter of Agreement
Composition of the Tribunal. The Arbitration Tribunal shall be composed of three (3) members, members to be appointed in the following manner: one by the Bank, another by the BeneficiaryBorrower, 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 the Refereebe, or if one of the parties fails to appoint the 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, he or she 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 or her successor shall be appointed in the same manner as for the original appointment. The successor shall perform have the same functions and shall have the same powers faculties as his or her predecessor.
Appears in 1 contract
Samples: Loan Agreement