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. The chairman of the arbitral tribunal shall be a national of a non-Party which has diplomatic relations with the disputing Party and the non-disputing Party. 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 of ICSID, who is not a national or permanent resident of either Party, may be invited to make the necessary appointments. 2. The arbitrators shall have experience or expertise in public international law. It is desirable that they have expertise, in particular, in international investment law, 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 the disputing investor, and not be affiliated to or receive instructions from any of them. 3. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators. 4. Where any arbitrator appointed as provided for in this 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 the successor shall have all the powers and duties of the original arbitrator. 5. Arbitrators appointed under this Section shall comply with Xxxxx XX (Code of Conduct of Arbitrators and Mediators).

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 appointed arbitrators shall agree upon a third arbitrator, who shall be the chairman of the arbitral tribunal. The chairman of the arbitral tribunal shall be a national of a non-Party which has diplomatic relations with the disputing Party and the non-non- disputing Party. 2. 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 appointed arbitrators 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 of ICSID, who is not a national or permanent resident of either Party, may be invited to make the necessary appointments. 23. The arbitrators shall have experience or expertise in public international law. It is desirable that they have expertise, in particular, in international investment law, international trade law, or law and the resolution of disputes arising under international investment or international trade agreementslaw. The arbitrators shall be independent from the Parties and the disputing investor, and not be affiliated to or receive instructions from any of them. 3. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators. 4. Where any arbitrator appointed as provided for in this 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 the successor shall have all the powers and duties of the original arbitrator. 5. Arbitrators appointed under this Section shall comply with Xxxxx XX (the Code of Conduct of Arbitrators and Mediators)in Annex B of this Agreement.

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 appointed arbitrators shall agree upon a third arbitrator, who shall be the chairman of the arbitral tribunal. The chairman of the arbitral tribunal shall be a national of a non-Party which has diplomatic relations with the disputing Party and the non-disputing Party. 2. 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 appointed arbitrators 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 of ICSID, who is not a national or permanent resident of either Party, may be invited to make the necessary appointments. 23. The arbitrators shall have experience or expertise in public international law. It is desirable that they have expertise, in particular, in international investment law, international trade law, or law and the resolution of disputes arising under international investment or international trade agreementslaw. The arbitrators shall be independent from the Parties and the disputing investor, and not be affiliated to or receive instructions from any of them. 3. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators. 4. Where any arbitrator appointed as provided for in this 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 the successor shall have all the powers and duties of the original arbitrator. 5. Arbitrators appointed under this Section shall comply with Xxxxx XX (the Code of Conduct of Arbitrators and Mediators)in Annex B of this Agreement.

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. The chairman of the arbitral tribunal shall be a national of a non-Party which has diplomatic relations with the disputing Party and the non-disputing Party. 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-Secretary- General is a national or permanent resident of either Party, or he or she is otherwise unable to act, the Deputy Secretary-General of ICSID, who is not a national or permanent resident of either Party, may be invited to make the necessary appointments. 2. The arbitrators shall have experience or expertise in public international law. It is desirable that they have expertise, in particular, in international investment law, 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 the disputing investor, and not be affiliated to or receive instructions from any of them. 3. The disputing parties may establish rules relating to expenses incurred by the tribunal, including remuneration of the arbitrators. 4. Where any arbitrator appointed as provided for in this 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 the successor shall have all the powers and duties of the original arbitrator. 5. Arbitrators appointed under this Section shall comply with Xxxxx XX (Code of Conduct of Arbitrators and Mediators).