Common use of Constitution of the Arbitral Tribunal Clause in Contracts

Constitution of the Arbitral Tribunal. 1. Arbitration proceedings shall initiate upon written notice delivered by a Party (hereinafter referred to as "requesting Party") to the other Party (hereinafter referred to as "respondent Party") through diplomatic channels. Such notice shall contain a statement setting forth the provisions of Chapter II alleged to have been breached, the legal and factual grounds of the claim, a summary of the development and results of the consultations and negotiations pursuant to Article 21 (Consultations and Negotiations), the requesting Party's intention to initiate proceedings under this Section and the name of the arbitrator appointed by such requesting Party. 2. Within 30 days after delivery of such notice, the respondent Party shall notify the requesting Party the name of its appointed arbitrator. 3. Within 30 days following the date on which the second arbitrator was appointed, the Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the chairman of the arbitral tribunal. In the event that the Parties fail to mutually agree on the appointment of the third arbirator, the arbitrators appointed by the Parties shall, within 30 days, appoint the third arbitrator, who shall be the chairman of the arbitral tribunal. 4. The arbitrators shall: (a) Have experience or expertise in public intemational law or international investment law; and (b) Be independent :from the Parties, and not be affiliated to or receive instructions from either of them. 5. With regard to the selection of atbitrators under paragraphs 1, 2 and 3 of this Article, both Parties and, where relevant, the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either Party. 6. If within the time limits set forth in paragraphs 2 and 3 above, the required appointments have not been made, either Party may invite the President of the Intemational Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national or a permanent resident of either Party, or he or she is otherwise unable to act, the Vice- President shall be invited to make the said appointments. If the Vice-President is a national or a permanent resident of either Party; or he or she is otherwise unable to act, the Member of the International Court of Justice next in seniority who is not a national nor a permanent resident of either Party shall be invited to make the necessary appointments. 7. In case an arbitrator appointed under this Artic1e resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator had. 8. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Parties.

Constitution of the Arbitral Tribunal. 1. Arbitration proceedings shall initiate upon written notice delivered by a one Contracting Party (hereinafter referred to as "the requesting Contracting Party") to the other Contracting Party (hereinafter referred to as "the respondent Contracting Party") through diplomatic channels. Such such notice shall contain a statement setting forth the provisions of Chapter II alleged to have been breached, the legal and factual grounds of the claim, a summary of the development and results of the consultations and negotiations that took place pursuant to Article 21 (Consultations and Negotiations)24, the requesting Contracting Party's intention to initiate proceedings under this Section Section, and the name of the arbitrator appointed by such requesting Contracting Party. 2. Within 30 thirty (30) days after the delivery of such notice, the respondent Contracting Party shall notify the requesting Contracting Party the name of its appointed arbitrator. 3. Within 30 thirty (30) days following the date on in which the second arbitrator was appointed, the arbitrators appointed by the Contracting Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the chairman presiding arbitrator upon approval of the arbitral tribunalContracting, Parties. In If the event that approval has not been rendered within thirty (30) days following the Parties fail to mutually agree on the appointment of date in which the third arbiratorarbitrator was appointed, the arbitrators appointed by the Parties shall, within 30 days, appoint the third arbitrator, who paragraph 4 below shall be the chairman of the arbitral tribunalapply. 4. The arbitrators shall: (a) Have experience or expertise in public intemational law or international investment law; and (b) Be independent :from the Parties, and not be affiliated to or receive instructions from either of them. 5. With regard to the selection of atbitrators under paragraphs 1, 2 and 3 of this Article, both Parties and, where relevant, the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either Party. 6. If within the time limits set forth provided for in paragraphs paragraph 2 and 3 above, the required appointments approvals have not been madegiven, either Contracting Party may invite the President of the Intemational International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national citizen or a permanent resident of either Contracting Party, or he or she is otherwise unable to act, the Vice- Vice-President shall be invited to make the said appointmentsreferred appointment(s). If the Vice-President is a national citizen or a permanent resident of either Contracting Party; , or he or she is otherwise unable to act, the Member member of the International Court of Justice next in seniority who is not a national citizen nor a permanent resident of either Party Contracting Party, shall be invited to make the necessary appointmentsappointment(s). 75. In case an arbitrator appointed under as provided for in this Artic1e Article resigns or becomes unable to act, a successor shall be appointed in the same manner as that prescribed for the appointment of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator had. 8. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Parties.

Constitution of the Arbitral Tribunal. 1. Arbitration proceedings shall initiate upon written notice delivered by a Party (hereinafter referred to as "requesting Party") to the other Party (hereinafter referred to as "respondent Party") through diplomatic channels. Such notice shall contain a statement setting forth the provisions of Chapter II (Protection) alleged to have been breached, the legal and factual grounds of the claim, a summary of the development and results of the consultations and negotiations pursuant to Article 21 31 (Consultations and NegotiationsConsultations), the requesting Party's intention to initiate proceedings under this Section and the name of the arbitrator appointed by such requesting Party. 2. Within 30 days after delivery of such notice, the respondent Party shall notify the requesting Party the name of its appointed arbitrator. 3. Within 30 days following the date on which the second arbitrator was appointed, the Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the chairman of the arbitral tribunal. In the event that the Parties fail to mutually agree on the appointment of the third arbiratorarbitrator, the arbitrators appointed by the Parties shall, within 30 days, appoint the third arbitrator, who shall be the chairman of the arbitral tribunal. 4. The arbitrators shall: (a) Have shall have experience or expertise in public intemational law or international law. It is desirable that they have expertise, in particular, in international investment law; and (b) Be , international trade law, or the resolution of disputes arising under international investment or international trade agreements. The arbitrators shall be independent :from the Parties, and not be affiliated to or receive instructions from either of them. 5. With regard to the selection of atbitrators arbitrators under paragraphs 1, 2 and 3 of this Article, both Parties and, where relevant, the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either Party. In addition, the third arbitrator shall be a national of a non-Party which has diplomatic relations with the Parties. 6. If the required appointments have not been made within the time limits set forth in paragraphs 2 and 3 above, the required appointments have not been made, either Party may invite the President of the Intemational International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national or a permanent resident of either Party, or he or she is otherwise unable to act, the Vice- President of the International Court of Justice shall be invited to make the said appointments. If the Vice-President of the International Court of Justice is a national or a permanent resident of either Party; , or he or she is otherwise unable to act, the Member of the International Court of Justice next in seniority who is not neither a national nor a permanent resident of either Party shall be invited to make the necessary appointments. 7. In case the event an arbitrator appointed under this Artic1e Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator had. 8. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Parties.

Constitution of the Arbitral Tribunal. 1. Arbitration The Arbitral Tribunal shall consist of three members. 2. The arbitral proceedings shall initiate upon written notice delivered be initiated by a Party written notification provided by a party (hereinafter referred to as the "requesting Partyapplicant") to the other Party party (hereinafter referred to as the "respondent Partyparty") through diplomatic channels). Such notice notification shall contain a statement setting forth express the provisions of Chapter chapter II alleged to have been breached, ; the legal and factual grounds of basis for the claim, a summary of the development and the results of the consultations and negotiations pursuant to Article 21 under article 22 (Consultations and Negotiationsconsultations), the intention of the requesting Party's intention Party to initiate proceedings under this Section section and the name of the arbitrator appointed by such requesting that Party. 2. Within 30 days after delivery of such notice, the respondent Party shall notify the requesting Party the name of its appointed arbitrator. 3. Within 30 days following of the delivery of the notification, the responding party shall notify the requesting party of the name of the arbitrator appointed. 4. Within 30 days from the date on which of appointment of the second arbitrator was appointedarbitrator, the Parties shall appoint, designate by mutual agreement, a common agreement the third arbitrator, arbitrator who shall be the chairman Chair of the arbitral tribunal. In the event that the Parties fail parties are unable to mutually agree reach agreement on the appointment of the third arbiratorarbitrator, the arbitrators appointed by the Contracting Parties shall, within 30 60 days, appoint the third arbitrator, who . The third arbitrator shall not be the chairman a national of any of the arbitral tribunalParties. 45. The arbitrators Arbitrators shall: (a) Have experience or expertise in public intemational law or international investment lawInternational Law, International Trade Law and International Law of investments; andor (b) Be independent :from of the Parties, Parties and the contending investor and not be affiliated to or receive instructions from either any of them; 6. The parties may agree on the fees to be paid to the arbitrators. 5. With regard to the selection of atbitrators under paragraphs 1, 2 and 3 of this Article, both Parties and, where relevant, the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either Party. 67. If within the time limits set forth periods specified in paragraphs 2 3 and 3 above, the required appointments 4 of this article have not been madecompleted the necessary appointments, either any Party may invite may, unless otherwise agreed, request the President of the Intemational Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national or a permanent resident of either Party, or he or she is otherwise unable to act, the Vice- President shall be invited to make the said appointments. If the Vice-President is a national or a permanent resident of either Party; or he or she is otherwise unable to act, the Member of the International Court of Justice next to make the necessary appointments. If the President of the International Court of Justice, for any reason, is prevented from discharging the said function or if that person is a national of either party, the appointment shall be made by the Vice-President of the International Court of Justice, and if the latter is prevented or if that person is a national of either party, the appointment shall be made by the member of the International Court of Justice to continue in seniority who is not a national nor a permanent resident of either Party shall be invited to make the necessary appointmentsparty. 78. In case If an arbitrator appointed under this Artic1e article resigns originating or becomes unable to act, act as a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, arbitrator and he or she shall have the same powers and duties that of the original arbitrator hadarbitrator. 89. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedingsproceeding. The costs of the chairman Chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Partiesin equal parts, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Parties.

Constitution of the Arbitral Tribunal. 1. Arbitration The arbitral proceedings shall initiate upon commence by written notice notification delivered by a one Contracting Party (hereinafter referred to as "requesting the complaining Contracting Party") to the other Contracting Party (hereinafter referred to as "respondent the responding Contracting Party") through diplomatic channels. Such notice shall contain a statement setting forth the provisions of Chapter II alleged to have been breached, the legal and factual grounds of the claimconsiderations of fact and law on which the claim is based, a summary of the development and results of the consultations and negotiations pursuant to held in accordance with Article 21 (Consultations and Negotiations)24, the requesting Party's intention of the Contracting Party to initiate proceedings the procedure. under this Section and Section, as well as the name of the arbitrator appointed by such requesting that applicant Contracting Party. 2. Within 30 thirty (30) days after the date of delivery of such noticenotification, the respondent responding Contracting Party shall notify the requesting complaining Contracting Party of the name of its appointed arbitratorthe arbitrator it has designated. 3. Within 30 thirty (30) days following the date on which of appointment of the second arbitrator was appointedarbitrator, the arbitrators appointed by the Contracting Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the chairman serve as president of the arbitral tribunal. In the event that the Parties fail to mutually agree on the appointment of the third arbirator, the arbitrators appointed tribunal once approved by the Parties shall, within 30 days, appoint the third arbitrator, who shall be the chairman of the arbitral tribunalContracting Parties. 4. The arbitrators shall: (a) Have experience or expertise in public intemational law or international investment law; and (b) Be independent :from the PartiesIf, and not be affiliated to or receive instructions from either of them. 5. With regard to the selection of atbitrators under paragraphs 1, 2 and 3 of this Article, both Parties and, where relevant, the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either Party. 6. If within the time limits set forth periods referred to in paragraphs 2 and 3 above, the required appointments designations have not been mademade or the required approvals have not taken place, either Party of the Contracting Parties may invite the President of the Intemational International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national or a permanent resident of either Party, of the Contracting Parties or he or she is otherwise unable to act, the Vice- Vice President shall will be invited to make the said appointmentsaforementioned designations. If the Vice-President is a national or a permanent resident of either Party; one of the Contracting Parties or he or she is otherwise unable to act, the Member member of the International Court of Justice next who follows in seniority hierarchical order and who is not a national nor a or permanent resident of either Party shall of the Contracting Parties, will be invited to make the necessary appointmentsreferred designations. 75. In case an the event that any arbitrator appointed under in accordance with this Artic1e Article resigns or becomes is unable to act, a successor arbitrator shall be appointed in accordance with the same manner as procedure prescribed for the appointment of the original arbitrator, and he or she the arbitrator shall have the same powers and duties that obligations as the original arbitrator hadreferee. 8. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Parties.

Constitution of the Arbitral Tribunal. 1. Arbitration proceedings shall initiate upon written notice delivered by a one Party (hereinafter referred to as "requesting Party") to the other Party (hereinafter referred to as "respondent Party") through diplomatic channels. Such notice shall contain a statement setting forth the provisions of Chapter II (Protection) alleged to have been breached, the legal and factual grounds of the claim, a summary of the development and results of the consultations and negotiations pursuant to Article 21 (Consultations and Negotiations), the requesting Party's intention to initiate proceedings under this Section Section, and the name of the arbitrator appointed by such requesting Party. 2. Within 30 days after delivery of such notice, the respondent Party shall notify the requesting Party the name of its appointed arbitrator. 3. Within 30 days following the date on which the second arbitrator was appointed, the Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the chairman of the arbitral tribunal. In the event that the Parties fail to mutually agree on the appointment of the third arbiratorarbitrator, the arbitrators appointed by the Parties shall, within 30 days, appoint the third arbitrator, who shall be the chairman of the arbitral tribunal. 4. The arbitrators shall: (a) Have have experience or expertise in public intemational international law or international investment law; and (b) Be be independent :from the Parties, and not be affiliated to or receive instructions from either of them. 5. With regard to the selection of atbitrators arbitrators under paragraphs 1, 2 and 3 of this Article, both Parties and, where relevant, the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either Party. 6. If the required appointments have not been made: within the time limits set forth in paragraphs 2 and 3 above, the required appointments have not been made, either Party may invite the President of the Intemational International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national or a permanent resident of either Party, or he or she is otherwise unable to act, the Vice- President of the International Court of Justice shall be invited to make the said appointments. If the Vice-President of the International Court of Justice is a national or a permanent resident of either Party; , or he or she is otherwise unable to act, the Member of the International Court of Justice next in seniority who is not a national nor a permanent resident of either Party shall be invited to make the necessary appointments. 7. In case the event an arbitrator appointed under this Artic1e Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator had. 8. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Parties.

Constitution of the Arbitral Tribunal. 1. Arbitration proceedings shall initiate upon written notice delivered by a one Party (hereinafter referred to as "the requesting Party") to the other Party (hereinafter referred to as "the respondent Party") through diplomatic channels. Such notice shall contain a statement setting forth the provisions of Chapter II (Protection) alleged to have been breached, the legal and factual grounds of the claim, a summary of the development and results of the consultations and negotiations pursuant to Article 21 14 (Consultations and Negotiations), the requesting Party's ’s intention to initiate proceedings under this Section and the name of the arbitrator appointed by such requesting Party. 2. Within 30 days after delivery of such notice, the respondent Party shall notify the requesting Party the name of its appointed arbitrator. 3. Within 30 days following the date on which the second arbitrator was appointed, the Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the chairman of the arbitral tribunal. In the event that the Parties fail to mutually agree on the appointment of the third arbiratorarbitrator, the arbitrators appointed by the Parties shall, within 30 days, appoint the third arbitrator, who shall be the chairman of the arbitral tribunal. 4. The arbitrators shall: (a) Have experience or expertise in public intemational law or international investment law; and (b) Be independent :from the Parties, and not be affiliated With regards to or receive instructions from either of them. 5. With regard to the selection of atbitrators under paragraphs arbitrators in paragraph 1, 2 and 3 of this Article, both Parties and, where relevant, the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either PartyParties. 65. If within the time limits set forth in paragraphs 2 and 3 above, the required appointments have not been made, either Party may invite the President of the Intemational International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national or a permanent resident of the State of either Party, or he or she is otherwise unable to act, the Vice- Vice-President shall be invited to make the said appointments. If the Vice-Vice- President is a national or a permanent resident of the State of either Party; , or he or she is otherwise unable to act, the Member of the International Court of Justice next in seniority who is not a national nor a permanent resident of the State of either Party shall be invited to make the necessary appointments. 76. In case an arbitrator appointed under this Artic1e Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator had. 8. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Parties.

Constitution of the Arbitral Tribunal. 1. Arbitration proceedings shall initiate upon written notice delivered by a Party (hereinafter referred to as "“requesting Party"”) to the other Party (hereinafter referred to as "“respondent Party"”) through diplomatic channels. Such notice shall contain a statement setting forth the provisions of Chapter II (Protection) alleged to have been breached, the legal and factual grounds of the claim, a summary of the development and results of the consultations and negotiations pursuant to Article 21 31 (Consultations and NegotiationsConsultations), the requesting Party's ’s intention to initiate proceedings under this Section and the name of the arbitrator appointed by such requesting Party. 2. Within 30 days after delivery of such notice, the respondent Party shall notify the requesting Party the name of its appointed arbitrator. 3. Within 30 days following the date on which the second arbitrator was appointed, the Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the chairman of the arbitral tribunal. In the event that the Parties fail to mutually agree on the appointment of the third arbiratorarbitrator, the arbitrators appointed by the Parties shall, within 30 days, appoint the third arbitrator, who shall be the chairman of the arbitral tribunal. 4. The arbitrators shall: (a) Have shall have experience or expertise in public intemational law or international law. It is desirable that they have expertise, in particular, in international investment law; and (b) Be , international trade law, or the resolution of disputes arising under international investment or international trade agreements. The arbitrators shall be independent :from the Parties, and not be affiliated to or receive instructions from either of them. 5. With regard to the selection of atbitrators arbitrators under paragraphs 1, 2 and 3 of this Article, both Parties and, where relevant, the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either Party. In addition, the third arbitrator shall be a national of a non-Party which has diplomatic relations with the Parties. 6. If the required appointments have not been made within the time limits set forth in paragraphs 2 and 3 above, the required appointments have not been made, either Party may invite the President of the Intemational International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national or a permanent resident of either Party, or he or she is otherwise unable to act, the Vice- President of the International Court of Justice shall be invited to make the said appointments. If the Vice-President of the International Court of Justice is a national or a permanent resident of either Party; , or he or she is otherwise unable to act, the Member of the International Court of Justice next in seniority who is not neither a national nor a permanent resident of either Party shall be invited to make the necessary appointments. 7. In case the event an arbitrator appointed under this Artic1e Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator had. 8. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Parties.

Constitution of the Arbitral Tribunal. 1. Arbitration proceedings shall initiate upon written notice delivered by a Party (hereinafter referred to as "requesting Party") Unless the parties to the other Party (hereinafter referred to as "respondent Party") through diplomatic channels. Such notice shall contain a statement setting forth the provisions of Chapter II alleged to have been breacheddispute agree otherwise, the legal and factual grounds arbitral tribunal shall consist of the claim, a summary of the development and results of the consultations and negotiations pursuant to Article 21 (Consultations and Negotiations), the requesting Party's intention to initiate proceedings under this Section and the name of the arbitrator appointed by such requesting Partythree members. 2. Within 30 days after delivery The party instituting the arbitration proceedings shall appoint one member of such noticethe arbitral tribunal, who may be its national. The appointment shall be included in the respondent Party shall notify the requesting Party the name notice of its appointed arbitratorarbitration referred to in Article 4 of this Protocol. 3. Within The other party to the dispute shall, within 30 days following of receipt of the date on which notice of arbitration referred to in Article 4 of this Protocol, appoint one member of the second arbitrator was appointedarbitral tribunal, who may be its national. If the appointment is not made within that period, the Parties shall appointparty instituting the proceedings may, by mutual agreementwithin 14 days of the expiration of that period, a request that the appointment be made in accordance with paragraph 5 of this Article. 4. A third arbitratormember of the arbitral tribunal, who may not be a national of a State Party to the dispute, shall be appointed by the chairman parties to the dispute as the President of the arbitral tribunal. In If, within 60 days of the event that receipt of the Parties fail notice of arbitration referred to mutually in Article 4 of this Protocol, the parties are unable to agree on the appointment of the a third arbirator, the arbitrators appointed by the Parties shall, within 30 days, appoint the third arbitrator, who shall be the chairman member of the arbitral tribunal. 4. The arbitrators shall: (a) Have experience or expertise , that appointment shall be made in public intemational law or international investment law; and (b) Be independent :from accordance with paragraph 5 of this Article, at the Parties, and not be affiliated request of a party to or receive instructions from either of themthe dispute. 5. With regard Unless the parties to the selection dispute agree otherwise, appointments made in accordance with this paragraph shall be made by the Director General of atbitrators the SAARC Arbitration Council. If the Director General is unable to act under paragraphs 1this paragraph or is a national of one of the parties to the dispute, 2 the appointment shall be made by the next most senior member of staff of the SAARC Arbitration Council who is available and is not a national of one of the parties. The appointments referred to in this paragraph shall be made within a period of 30 days of the receipt of the request and in consultation with the parties. Subject to paragraph 3 of this Article, both Parties andthe members of the arbitral tribunal so appointed shall be of different nationalities and may not be in the service of, where relevantordinarily resident in the territory of, or nationals of, any of the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either Partyparties to the dispute. 6. If within Any vacancy in the time limits set forth in paragraphs 2 and 3 above, the required appointments have not been made, either Party may invite the President of the Intemational Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national or a permanent resident of either Party, or he or she is otherwise unable to act, the Vice- President arbitral tribunal shall be invited to make filled in the said appointments. If manner prescribed for the Vice-President is a national or a permanent resident of either Party; or he or she is otherwise unable to act, the Member of the International Court of Justice next in seniority who is not a national nor a permanent resident of either Party shall be invited to make the necessary appointmentsinitial appointment. 7. In case an arbitrator appointed under this Artic1e resigns or becomes unable to act, a successor shall be appointed Parties in the same manner as prescribed for the appointment interest shall appoint one member of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator hadtribunal jointly by agreement. 8. Each Party In disputes involving more than two parties, the provisions of paragraph 1 to 6 of this Article shall bear apply to the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Partiesmaximum extent possible.

Constitution of the Arbitral Tribunal. 1. Arbitration proceedings shall initiate upon written notice delivered by a one Party (hereinafter referred to as "requesting Party") to the other Party (hereinafter referred to as "respondent Party") through diplomatic channels. Such notice shall contain a statement setting forth the provisions of Chapter II alleged to have been breached, the legal and factual grounds of the claim, a summary of the development and results of the consultations and negotiations pursuant to Article 21 19 (Consultations and Negotiations), the requesting Party's intention to initiate proceedings under this Section and the name of the arbitrator appointed by such requesting Party. 2. Within 30 days after delivery of such notice, the respondent Party shall notify the requesting Party of the name of its appointed arbitrator. 3. Within 30 days following the date on which the second arbitrator was appointed, the Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the chairman of the arbitral tribunal. In the event that the Parties fail to mutually agree on the appointment of the third arbiratorarbitrator, the arbitrators appointed by the Parties shall, within 30 days, appoint the third arbitrator, who shall be the chairman of the arbitral tribunal. 4. The arbitrators shall: (a) Have have experience or expertise in public intemational international law, international trade law or international investment law; and (b) Be be independent :from the Parties, and not be affiliated to or receive instructions from either of them. 5. With regard regards to the selection of atbitrators arbitrators under paragraphs 1, 2 and 3 of this Article, both Parties and, where relevant, the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either Party. 6. If within the time limits set forth in paragraphs 2 and 3 above, the required appointments have not been made, either Party may invite the President of the Intemational International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national or a permanent resident of either Party, or he or she is otherwise unable to act, the Vice- President shall be invited to make the said appointments. If the Vice-President is a national or a permanent resident of either Party; , or he or she is otherwise unable to act, the Member of the International Court of Justice next in seniority who is not a national nor a permanent resident of either Party shall be invited to make the necessary appointments. 7. In case an arbitrator appointed under this Artic1e Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator had. 8. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Parties.

Constitution of the Arbitral Tribunal. 1. Arbitration proceedings shall initiate upon written notice delivered by a one Party (hereinafter referred to as "the requesting Party") to the other Party (hereinafter referred to as "the respondent Party") through diplomatic channels. Such notice shall contain a statement setting forth the provisions of Chapter II (Protection) alleged to have been breached, the legal and factual grounds of the claim, a summary of the development and results of the consultations and negotiations pursuant to Article 21 14 (Consultations and Negotiations), the requesting Party's intention to initiate proceedings under this Section and the name of the arbitrator appointed by such requesting Party. 2. Within 30 days after delivery of such notice, the respondent Party shall notify the requesting Party the name of its appointed arbitrator. 3. Within 30 days following the date on which the second arbitrator was appointed, the Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the chairman of the arbitral tribunal. In the event that the Parties fail to mutually agree on the appointment of the third arbiratorarbitrator, the arbitrators appointed by the Parties shall, within 30 days, appoint the third arbitrator, who shall be the chairman of the arbitral tribunal. 4. The arbitrators shall: (a) Have experience or expertise in public intemational law or international investment law; and (b) Be independent :from the Parties, and not be affiliated With regards to or receive instructions from either of them. 5. With regard to the selection of atbitrators under paragraphs arbitrators in paragraph 1, 2 and 3 of this Article, both Parties and, where relevant, the arbitrators appointed by them, shall not select arbitrators that are nationals or permanent residents of either PartyParties. 65. If within the time limits set forth in paragraphs 2 and 3 above, the required appointments have not been made, either Party may invite the President of the Intemational International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national or a permanent resident of the State of either Party, or he or she is otherwise unable to act, the Vice- Vice-President shall be invited to make the said appointments. If the Vice-Vice- President is a national or a permanent resident of the State of either Party; , or he or she is otherwise unable to act, the Member of the International Court of Justice next in seniority who is not a national nor a permanent resident of the State of either Party shall be invited to make the necessary appointments. 76. In case an arbitrator appointed under this Artic1e Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator had. 8. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of other expenses associated with the conduct of the arbitration shall be borne equally by the Parties, unless the arbitral tribunal decides that a higher proportion of costs be borne by one of the Parties.