Section 135p. 135

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

it

and

in

accordance

with

the

order of preference

indicated by the parties;

(d) If for any reason the appointment cannot be made

according to this procedure, the appointing authority

may

exercise

its

discretion

in

appointing

the

sole

arbitrator.

4. In making the appointment, the appointing authority

shall have regard to such considerations as are likely to

secure the appointment of an independent and impartial

arbitrator

and

shall

take

into

account

as

well

the

advisability of appointing an arbitrator of a nationality

other than the nationalities of the parties.

ARTICLE 7

Appointment of Arbitrators

1. If three arbitrators are to be appointed, each party shall

appoint one arbitrator. The two arbitrators thus appointed

shall choose the third arbitrator who will act as the

presiding arbitrator of the tribunal.

2. If within thirty days after the receipt of a party's

notification of the appointment of an arbitrator the other

party has not notified the first party of the arbitrator he

has appointed:

(a) The first party may request the appointing authority

previously designated by the parties to appoint the

second arbitrator; or

(b) If no such authority has been previously designated by

the parties, or if the appointing authority previously

designated refuses to act or fails to appoint the arbitrator

within

thirty

days after receipt of a party's request

therefor,

the

first

party

may

request

the

Secretary-General of the Permanent Court of Arbitration

at The Hague to designate the appointing authority. The

first party may then request the appointing authority so

designated to appoint the second arbitrator. In either

case, the appointing authority may exercise its discretion

in appointing the arbitrator.

3. If within thirty days after the appointment of the

second arbitrator the two arbitrators have not agreed on

the choice of the presiding arbitrator, the presiding

arbitrator shall be appointed by an appointing authority

in the same way as a sole arbitrator would be appointed

under article 6.

ARTICLE 8

Appointment of Arbitrators

1. When an appointing authority is requested to appoint

an arbitrator pursuant to article 6 or article 7, the party

which makes the request shall send to the appointing

authority a copy of the notice of arbitration, a copy of the

contract out of or in relation to which the dispute has

arisen and a copy of the arbitration agreement if it is not

contained in the contract. The appointing authority may

require from either party such information as it deems

necessary to fulfil its function.

2. Where the names of one or more persons are proposed

for appointment as arbitrators, their full names, addresses

and nationalities shall be indicated, together with a

description of their qualifications.

ARTICLE 9

Challenge of Arbitrators

A

prospective arbitrator shall disclose to those who

approach

him

in

connection

with

his

possible

appointment any circumstances likely to give rise to

justifiable doubts as to his impartiality or independence.

An arbitrator, once appointed or chosen, shall disclose

such circumstances to the parties unless they have

already been informed by him of these circumstances.

ARTICLE 10

Challenge of Arbitrators

1. Any arbitrator may be challenged if circumstances exist

that give rise to justifiable doubts as to the arbitrator's

impartiality or independence.

2. A party may challenge the arbitrator appointed by him

only for reasons of which he becomes aware after the

appointment has been made.

ARTICLE 11

Challenge of Arbitrators

1. A party who intends to challenge an arbitrator shall

send notice of his challenge within fifteen days after the

appointment

of

the

challenged

arbitrator

has been

notified to the challenging party or within fifteen days

after the circumstances mentioned in articles 9 and 10

became known to that party.

2. The challenge shall be notified to the other party, to the

arbitrator who is challenged and to the other members of

the arbitral tribunal. The notification shall be in writing

and shall state the reasons for the challenge.

3. When an arbitrator has been challenged by one party,

the other party may agree to the challenge. The arbitrator

may also, after the challenge, withdraw from his office. In

neither case does this imply acceptance of the validity of

the

grounds

for

the

challenge.

In

both

cases

the

procedure provided in article 6 or 7 shall be used in full for

the appointment of the substitute arbitrator, even if

during

the

process

of

appointing

the

challenged

arbitrator a party had failed to exercise his right to

appoint or to participate in the appointment.

ARTICLE 12

Challenge of Arbitrators

1. If the other party does not agree to the challenge and

the challenged arbitrator does not withdraw, the decision

on the challenge will be made:

(a)

When the initial appointment was made by an

appointing authority, by that authority;

(b) When the initial appointment was not made by an

appointing authority, but an appointing authority has

been previously designated, by that authority;

(c) In all other cases, by the appointing authority to be

designated

in

accordance

with

the

procedure

for

designating an appointing authority as provided for in

article 6.

2. If the appointing authority sustains the challenge, a

substitute

arbitrator

shall

be

appointed

or

chosen

pursuant to the procedure applicable to the appointment

or choice of an arbitrator as provided in articles 6 to 9

except that, when this procedure would call for the

designation of an appointing authority, the appointment

of

the

arbitrator

shall

be

made

by the appointing

authority which decided on the challenge.

ARTICLE 13

Replacement of an Arbitrator

1. In the event of the death or resignation of an arbitrator

during the course of the arbitral proceedings, a substitute

arbitrator shall be appointed or chosen pursuant to the

procedure

provided

for

in

articles 6 to 9 that was

applicable to the appointment or choice of the arbitrator

being replaced.

2. In the event that an arbitrator fails to act or in the event

of the de jure or de facto impossibility of his performing

his functions, the procedure in respect of the challenge

and replacement of an arbitrator as provided in the

preceding articles shall apply.

ARTICLE 14

Repetition of Hearings in the Event of the Replacement

of an Arbitrator

If under articles 11 to 13 the sole or presiding arbitrator is

replaced, any hearings held previously shall be repeated;

if any other arbitrator is replaced, such prior hearings may

be repeated at the discretion of the arbitral tribunal.

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