Common use of Formation of the Arbitral Tribunal Clause in Contracts

Formation of the Arbitral Tribunal. (1) Unless the parties to the dispute agree otherwise, the arbitral tribunal shall comprise three members. Each party to the dispute shall appoint one member and these two members shall agree upon a third member as their chairman. (2) Members of arbitral tribunals shall have experience in international law and investment matters. (3) If an arbitral tribunal has not been constituted within 90 days from the date the claim was submitted to arbitration, either because a party to the dispute failed to appoint a member or the elected members failed to agree upon a chairman, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be kindly asked to appoint, in his discretion, the member or members not yet appointed. Nevertheless, the Secretary General of ICSID, when appointing a chairman, shall assure that the chairman is a national of neither of the Contracting Parties.

Appears in 18 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

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Formation of the Arbitral Tribunal. (1) . Unless the parties to the dispute agree otherwise, the arbitral tribunal shall comprise three members. Each , each party to the dispute shall appoint one member member, and these two members the disputing parties shall agree upon a third member as their chairmanthe chair of the tribunal. (2) . Members of arbitral tribunals shall have experience in international law and investment matters. (3) . If an arbitral tribunal has not been constituted within 90 ninety days from the date the claim was submitted to arbitration, either because a party to the dispute failed to appoint a member or the elected members failed to agree upon a chairmanchair, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be kindly asked to appoint, in his discretionthe discretion of the Secretary General of ICSID, the member or members not yet appointed. Nevertheless, the Secretary General of ICSID, when on appointing a chairmanchair, shall assure ensure that the chairman chair is not a national of neither either of the Contracting Parties.

Appears in 4 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Formation of the Arbitral Tribunal. (1) 1 . Unless the parties to the dispute agree otherwise, the arbitral tribunal shall comprise three members. Each , each party to the dispute shall appoint one member member, and these two members the disputing parties shall agree upon a third member as their chairmanthe chair of the tribunal. (2) 2 . Members of arbitral tribunals shall have experience in international law and investment matters. (3) 3 . If an arbitral tribunal has not been constituted within 90 ninety days from the date the claim was submitted to arbitration, either because a party to the dispute failed to appoint a member or the elected members failed to agree upon a chairmanchair, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be kindly asked to appoint, in his discretionthe discretion of the Secretary General of ICSID, the member or members not yet appointed. Nevertheless, the Secretary General of ICSID, when on appointing a chairmanchair, shall assure ensure that the chairman chair is not a national of neither either of the Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Formation of the Arbitral Tribunal. (1) Unless the parties to the dispute agree otherwise, the arbitral tribunal shall comprise three members. Each party to the dispute shall appoint one member and these two members the disputing parties shall agree upon a third member as their chairman. (2) Members of arbitral tribunals shall have experience in international law and investment matters. (3) If an arbitral tribunal has not been constituted within 90 days from the date the claim was submitted to arbitration, either because a party to the dispute failed to appoint a member or the elected members failed to agree upon a chairman, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be kindly asked to appoint, in his discretion, the member or members not yet appointed. Nevertheless, the Secretary General of ICSID, when appointing a chairman, shall assure that the chairman is a national of neither of the Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Formation of the Arbitral Tribunal. (1) . Unless the parties to the dispute agree otherwise, the arbitral tribunal shall comprise three members. Each party to the dispute shall appoint one member and these two members shall agree upon a third member as their chairmanChairman. (2) . Members of arbitral tribunals shall have experience in international law International Law and investment matters. (3) . If an arbitral tribunal has not been constituted within 90 days from the date the claim was submitted to arbitration, either because a party to the dispute failed to appoint a member or the elected ellected members failed to agree upon a chairmanChairman, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be kindly asked to appoint, in his this discretion, the member or members not yet appointed. Nevertheless, the Secretary General of ICSID, when appointing a chairmanChairman, shall assure that the chairman Chairman is not a national of neither either of the Contracting PartiesStates.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Formation of the Arbitral Tribunal. (1) . Unless the parties to the dispute agree otherwise, the arbitral tribunal shall comprise three members. Each party Party to the dispute shall appoint one member and these two members shall agree upon a third member as their chairman. (2) . Members of arbitral tribunals shall have experience in international law and investment matters. (3) . If an arbitral tribunal has not been constituted within 90 days from the date the claim was submitted to arbitration, either because a party to the dispute failed to appoint a member or the elected members failed to agree upon a chairman, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be kindly asked invited to appoint, in his discretion, the member or members not yet appointed. Nevertheless, the Secretary General of ICSID, when appointing a chairman, shall assure that the chairman is a national of neither of the Contracting Parties.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Formation of the Arbitral Tribunal. (1) Unless the parties to the dispute agree otherwise, the arbitral tribunal shall comprise three (3) members. Each party to the dispute shall appoint one member and these two members the disputing parties shall agree upon a third member as their chairmanChairman. (2) Members of arbitral tribunals shall have experience in international law and investment matters. (3) If an arbitral arbitration tribunal has not been constituted within 90 ninety (90) days from the date the claim was submitted to arbitration, either because a party to the dispute failed to appoint a member or the elected members failed to agree upon a chairmanChairman, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be kindly asked to appoint, in his discretion, the member or members not yet appointed. appointed Nevertheless, the Secretary General of ICSID, when appointing a chairmanChairman, shall assure that the chairman Chairman is a national of neither of the Contracting Parties.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

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Formation of the Arbitral Tribunal. (1) Unless the parties to the dispute agree otherwise, the arbitral tribunal shall comprise three (3) members. Each party to the dispute shall appoint one member and these two members the disputing parties shall agree upon a third member as their chairmanChairman. (2) Members of arbitral tribunals shall have experience in international law and investment matters. (3) If an arbitral arbitration tribunal has not been constituted within 90 ninety (90) days from the date the claim was submitted to arbitration, either because a party to the dispute failed to appoint a member or the elected members failed to agree upon a chairmanChairman, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be kindly asked to appoint, in his discretion, the member or members not yet appointed. Nevertheless, the Secretary General of ICSID, when appointing a chairmanChairman, shall assure that the chairman Chairman is a national of neither of the Contracting Parties.

Appears in 1 contract

Samples: Agreement for the Promotion and Protection of Investments

Formation of the Arbitral Tribunal. (1) Unless the parties to the dispute agree otherwise, the arbitral tribunal shall comprise three members. Each party to the dispute shall appoint one member and these two members the disputing Parties shall agree upon a third member as their chairman. (2) Members of arbitral tribunals shall have experience in international law International Law and investment matters. (3) If an arbitral tribunal has not been constituted within 90 ninety (90) days from the date the claim was submitted to arbitration, either because a party to the dispute failed to appoint a member or the elected members failed to agree upon a chairman, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be kindly asked to appoint, in his discretion, the member or members not yet appointed. Nevertheless, the Secretary General of ICSID, when on appointing a chairman, shall assure that the chairman is a national of neither of the Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Formation of the Arbitral Tribunal. (1) Unless the parties to the dispute agree otherwise, the arbitral tribunal shall comprise three members. Each party to the dispute shall appoint one member and these two members the disputing parties shall agree upon a third member as their chairman. (2) Members of arbitral tribunals shall have experience in international law International Law and investment matters. (3) If an arbitral tribunal has not been constituted within 90 ninety (90) days from the date the claim was submitted to arbitration, either because a party to the dispute failed to appoint a member or the elected members failed to agree upon a chairman, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be kindly asked to appoint, in his discretion, the member or members not yet appointed. Nevertheless, the Secretary General of ICSID, when on appointing a chairman, shall assure that the chairman is a national of neither of the Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

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