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 the disputing Parties shall agree upon a third member as their chairman who, in any case, shall be a national of a third State with which both Contracting Parties maintain diplomatic relations. 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 failed to agree upon a chairman, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be 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.

Formation of the Arbitral Tribunal. 11 . Unless the parties to the dispute agree otherwise, the arbitral tribunal shall comprise three members. Each party , one member to be appointed by each of the parties to the dispute shall appoint one member and the disputing Parties shall agree upon a third member as their chairman whothird, in any case, who shall be a national the chairman of a third State with which both Contracting Parties maintain diplomatic relationsthe arbitral tribunal, to be appointed by agreement of the parties to the dispute. 22 . Members of arbitral tribunals shall have experience in international law and investment matters. 33 . 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 failed to agree upon a chairman, the Secretary General of ICSID, on the request of any of the parties to the dispute, shall be 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.