Common use of Constitution of the Arbitral Tribunal Clause in Contracts

Constitution of the Arbitral Tribunal. 1. Unless the parties to the dispute agree otherwise, the arbitral tribunal shall be composed by three arbitrators. Each party to the dispute shall appoint one arbitrator and the disputing parties shall agree upon a third arbitrator who shall be the chairman of the arbitral tribunal. 2. The arbitrators referred to in paragraph 1 above shall have experience in international law and investment matters. 3. If an arbitral tribunal has not been established within ninety (90) days from the date in 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 any of the disputing parties, shall be asked to appoint, at his own discretion, the arbitrator or arbitrators not yet appointed. Nevertheless, the Secretary-General of ICSID, when appointing the chairman, shall assure that he or she is a national of neither of the Contracting Parties.

Constitution of the Arbitral Tribunal. 1. Unless the parties to the dispute agree otherwise, the arbitral tribunal shall be composed by three arbitrators. Each party to the dispute shall appoint one arbitrator and the disputing parties shall agree upon a third arbitrator who shall be the chairman of the arbitral tribunal. 2. The arbitrators referred to in paragraph Paragraph 1 above shall have experience in international law and investment matters. 3. If an arbitral tribunal has not been established within ninety (90) days from the date in 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 any of the disputing parties, shall be asked to appoint, at his own discretion, the arbitrator or arbitrators not yet appointed. Nevertheless, the Secretary-General of ICSID, when appointing the chairman, shall assure that he or she is a national of neither of the Contracting Parties.

Constitution of the Arbitral Tribunal. 1. Unless the disputing parties to the dispute agree otherwiseotherwise agree, the arbitral tribunal shall be composed by of three arbitrators. Each disputing party to the dispute shall appoint one arbitrator and the disputing parties shall agree upon a third arbitrator arbitrator, who shall be the chairman of the arbitral tribunal. In any case the disputing parties shall ensure that Members of arbitral tribunals are nationals of neither of the Contracting Parties. 2. The arbitrators referred to in paragraph 1 above shall have experience in international law and investment matters. 3. If an arbitral tribunal has not been established within ninety (90) 90 days from the date in 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 any of the either disputing partiesparty, shall be asked to appoint, at his own discretion, the arbitrator or arbitrators not yet appointed. Nevertheless, the Secretary-General of ICSID, . when appointing the chairman, shall assure ensure that he or she is a national or permanent resident of neither of the Contracting Parties.

Constitution of the Arbitral Tribunal. 1. Unless the parties to the dispute agree otherwise, the arbitral tribunal shall be composed by three arbitrators. Each party to the dispute shall appoint one arbitrator and the disputing parties shall agree upon a third arbitrator who shall be the chairman of the arbitral tribunal. 2. The arbitrators referred to in paragraph 1 above shall have experience in international law and investment matters.paragraph 1 above shall have experience in international law and investment matters. 3. If an arbitral tribunal has not been established within ninety (90) days from the date in 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 any of the disputing parties, shall be asked to appoint, at his own discretion, the arbitrator or arbitrators not yet appointed. Nevertheless, the Secretary-General of ICSID, when appointing the chairman, shall assure that he or she is a national of neither of the Contracting Parties.