Constitution of Arbitral Tribunal Sample Clauses

Constitution of Arbitral Tribunal. 1. Each Party to a dispute shall be entitled to appoint one arbitrator. The two arbitrators chosen by the parties shall be appointed within fifteen days following the decision to refer the matter to arbitration. The two arbitrators shall, within fifteen days following the date of their appointments, appoint a third arbitrator who shall be the Chairman. As far as practicable, the arbitrators shall not be nationals of any of the parties to the dispute. 2. Where either party to the dispute fails to appoint its arbitrator under paragraph 1, the Secretary-General shall appoint the arbitrator within ten days. Where the arbitrators fail to appoint a Chairman within the time prescribed, the Secretary-General shall appoint a Chairman within ten days. 3. Where more than two Member States are parties to a dispute, the parties concerned shall agree among themselves on the two arbitrators to be appointed within fifteen days following the decision to refer the matter to arbitration and the two arbitrators shall within fifteen days of their appointment appoint a third arbitrator who shall be the Chairman. 4. Where no agreement is reached under paragraph 3, the Secretary-General shall make the appointment within ten days and where the arbitrators fail to appoint a Chairman within the time prescribed the Secretary-General shall make the appointment within ten days. 5. Notwithstanding paragraphs 1, 2, 3 and 4, Parties to a dispute may refer the matter to arbitration and consent to the Secretary-General appointing a sole arbitrator who shall not be a national of a party to the dispute.

Constitution of Arbitral Tribunal. The arbitral tribunal shall, unless the Parties agree otherwise, be constituted as follows: it shall consist of three members; the Party instituting the proceedings shall appoint one member. The appointment shall be included in the notification of arbitration under Article 1 of this Annex; the other Party shall, within 30 days of receipt of the notification of arbitration, appoint one member; the Parties shall, within 60 days of the appointment of the second arbitrator, appoint the third member who shall act as President of the tribunal; if an appointment is not made within the time limits provided for in paragraphs (c) and (d) of this Article, either Party may request the Secretary-General of the Permanent Court of Arbitration to make the necessary appointment. If the Secretary-General is a national of either Australia or Timor-Leste or is otherwise prevented from discharging this function, the role of the appointing authority shall be carried out by the Deputy Secretary-General or by the official of the International Bureau of the Permanent Court of Arbitration next in seniority who is not a national of either Australia or Timor-Leste; and any vacancy shall be filled in the manner prescribed for the initial appointment.

Constitution of Arbitral Tribunal. The Arbitral Tribunal prevailing laws of Arbitration with modifications made from time to time

Constitution of 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 ninety (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. 2. For the purposes of paragraph 1, in the event that the Secretary- General of ICSID is a national or permanent resident of either Party, or he or she is otherwise unable to act, the Deputy Secretary-General of ICSID or the officer next in seniority who is not a national or permanent resident of either Party shall be requested to make the necessary appointment or appointments. 3. The arbitrators shall: (a) have experience or expertise in public international 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 Arbitral Tribunal. 1. Unless the claimant and respondent otherwise agree, the tribunal shall comprise three arbitrators, one arbitrator appointed by the claimant and another by the Host State and the third, who shall be the presiding arbitrator, shall be a national of a third country appointed by agreement of the claimant and the respondent. 2. If a tribunal has not been constituted within 90 days from the date that a claim is submitted to arbitration under this Section, the appointing authority, on the request of the claimant or the Host State, shall appoint, in his or her discretion, the arbitrator or arbitrators not yet appointed. The claimant and the Host State do not lose their right to appoint arbitrators according to paragraph 1 until the appointing authority does so. 3. Arbitrators appointed pursuant to this Article shall have demonstrated expertise in public international law. It is desirable that they have expertise in particular, in international investment law, in international trade law and the resolution of disputes arising under international investment or international trade agreements. 4. The Arbitrators shall be independent. They shall not be affiliated with any government. They shall not take instructions from any organisation, or government with regard to matters related to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. They shall comply with the International Bar Association Guidelines on Conflicts of Interest in International Arbitration. In so doing they shall comply with Annex II of this Agreement (Code of Conduct). In addition, upon appointment, they shall refrain from acting as counsel or as party-appointed expert or witness in any pending or new investment dispute under this or any other international agreement.

Constitution of Arbitral Tribunal. 1. Arbitration proceedings shall initiate upon written notice delivered by one Party (hereinafter referred to as “requesting Party”) to the other Party (hereinafter referred to as “respondent Party”) through diplomatic channels. The notice shall identify the specific measure at issue and provide details of the factual and legal basis of the complaint (including the provisions of this Agreement to be addressed by the arbitral tribunal) sufficient to present the problem clearly. 2. Each Party shall appoint one arbitrator, and these two arbitrators shall appoint a chairman who shall be a national of a non-Party which has diplomatic relations with the Parties. If one of the Parties has not appointed its arbitrator and has not followed the invitation of the other Party to make that appointment within two months of the notice for arbitration, the arbitrator shall be appointed at the request of that Party by the Secretary General of ICSID. If the arbitrators cannot agree on the choice of the chairman within two months of their appointment, the chairman shall be appointed at the request of either Party by the Secretary General of ICSID. 3. If the Secretary General of ICSID is prevented from carrying out the said function or is a national of one of the Parties, the President of the International Court of Justice shall act as appointing authority. If the President of the International Court of Justice is prevented from carrying out the said function or is a national of one of the Parties, the appointments shall be made by the Vice-President, and if the latter is prevented or is a national of one of the Parties, the appointments shall be made by the next senior member of the Court who is not a national of a Party. 4. The arbitrators shall have experience or expertise in public international law and investment law and the resolution of disputes arising under international investment law. The arbitrators shall be independent from the Parties, and not be affiliated to or receive instructions from either of them. 5. In the event an arbitrator appointed under 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 he or she shall have the same powers and duties that the original arbitrator had. 6. Each Party shall bear the costs of its appointed arbitrator and of any legal representation in the proceedings. The costs of the chairman of the arbitral tribunal and of ot...

Constitution of Arbitral Tribunal. 1. Each of the Members parties to a dispute shall be entitled to appoint one arbitrator. The two arbitrators chosen by the parties shall be appointed within fifteen days following the decision to refer the matter to arbitration. The two arbitrators shall, within fifteen days following the date of their appointments, appoint a third arbitrator who shall be the Chairman. As far as practicable, the arbitrators shall not be nationals of any of the parties to the dispute. 2. Where more than two Members are parties to a dispute, the parties concerned shall agree among themselves on the two arbitrators to be appointed within fifteen days following the decision to refer the matter to arbitration and the two arbitrators shall within fifteen days of their appointment appoint a third arbitrator who shall be the Chairman. 3. Where no agreement is reached under paragraph 1 or 2 or where there is a dispute regarding the selection of an arbitrator, the Secretary- General shall make the appointment within ten days and where the arbi- trators fail to appoint a Chairman within the time prescribed the Secretary-General shall make the appointment within ten days. 4. Notwithstanding paragraphs 1, 2, and 3, Members parties to a dis- pute may refer the matter to arbitration and consent to the Secretary- General appointing a sole arbitrator who shall not be a national of a party to the dispute.

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Constitution of Arbitral Tribunal. In this regard, the phrase "necessary permission" in the said notification refers only to the initial permission or approval required for an investment to be made in Turkey in conformity with the relevant legislation of the Republic of Turkey on foreign capital, and does not include any other permission or approval that may be required under the law of the Republic of Turkey.