Common use of Constitution of the Arbitral Tribunal Clause in Contracts

Constitution of the Arbitral Tribunal. 1. Unless the disputing parties otherwise agree, the arbitral tribunal shall be composed of three arbitrators, who shall not be nationals or permanent residents of either Party. Each disputing party shall appoint one arbitrator and the disputing parties shall agree upon a third arbitrator, who shall be the chairman of the arbitral tribunal. If an arbitral tribunal has not been established within 90 days from the date on which the claim was submitted to arbitration, either because a disputing party failed to appoint an arbitrator or because the disputing parties failed to agree upon the chairman, the Secretary-General of ICSID, upon request of either disputing party, shall appoint, at his own discretion, the arbitrator or arbitrators not yet appointed. If the Secretary-General is a national or permanent resident of either Party, or he or she is otherwise unable to act, the Deputy Secretary-General, who is not a national or permanent resident of either Party, may be invited to make the necessary appointments. 2. The arbitrators shall: (a) Have experience or expertise in public intemational law or international investment law; and (b) Be independent from the Parties and the disputing investor, and not be affiliated to or receive instructions from any of them.

Constitution of the Arbitral Tribunal. 1. Unless the disputing parties otherwise agree, the arbitral tribunal shall be composed of three arbitrators, who shall not be nationals or permanent residents of either Party. Each disputing party shall appoint one arbitrator and the disputing parties shall agree upon a third arbitrator, who shall be the chairman of the arbitral tribunal. If an arbitral tribunal has not been established within 90 days from the date on which the claim was submitted to arbitration, either because a disputing party failed to appoint an arbitrator or because the disputing parties failed to agree upon the chairman, the Secretary-General of ICSID, upon request of either disputing party, shall appoint, at his own discretion, the arbitrator or arbitrators not yet appointed. If the Secretary-General is a national or permanent resident of either Party, or he or she is otherwise unable to act, the Deputy Secretary-General, who is not a national or permanent resident of either Party, may be invited to make the necessary appointments. 2. 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 the disputing investor, and not be affiliated to or receive instructions from any of them.

Constitution of the Arbitral Tribunal. (1. ) Unless the disputing parties otherwise agreeParties to the dispute agree otherwise, the arbitral tribunal shall be composed consist of three arbitrators, who shall not be nationals or permanent residents of either Party. Each disputing party Party to the dispute shall appoint one an arbitrator and the disputing parties Parties to the dispute shall agree upon on a third arbitrator, who shall be the chairman of the arbitral tribunal. If an arbitral tribunal has not been established within 90 days from the date on which the claim was submitted to arbitration, either because a disputing party failed to appoint Party has not designated an arbitrator or because the disputing parties failed to agree upon the dispute have not reached an agreement on the chairman, the Secretary-General of ICSIDICSID shall, upon at the request of either disputing partya party to the dispute, shall appointdesignate, at his own discretion, the arbitrator or arbitrators not yet appointed. If the Secretary-General is a national resident or permanent resident of either Party, or he or she is otherwise unable to act, the Deputy Secretary-General, who is not a national resident of the country or permanent resident territories of either Party, may be invited to make the necessary appointments. 2. The arbitrators shall: (a) Have experience or expertise in public intemational law or international investment law; and (b) Be independent from the Parties and the disputing investor, and not be affiliated to or receive instructions from any of them.