| (1) |
If, at the end of a period of 60 days from
the nomination of the second Arbitrator, the Chairman of the
Tribunal shall not have been nominated, the Secretary-General
of the Organization upon request of either Party shall within
a further period of 60 days proceed to such nomination, selecting
him from a list of qualified persons previously drawn up by
the Council of the Organization. |
| (2) |
If, within a period of 60 days from the date
of the receipt of the request, one of the Parties shall not
have nominated the member of the Tribunal for whose designation
it is responsible, the other Party may directly inform the Secretary-General
of the Organization who shall nominate the Chairman of the Tribunal
within a period of 60 days, selecting him from the list prescribed
in paragraph (1) of the present article. |
| (3) |
The Chairman of the Tribunal shall, upon nomination,
request the Party which has not provided an Arbitrator, to do
so in the same manner and under the same conditions. If the
Party does not make the required nomination, the Chairman of
the Tribunal shall request the Secretary-General of the Organization
to make the nomination in the form and conditions prescribed
in the preceding paragraph. |
| (4) |
The Chairman of the Tribunal, if nominated
under the provisions of the present article, shall not be or
have been a national of one of the Parties concerned, except
with the consent of the other Party. |
| (5) |
In the case of the decease or default of an
Arbitrator for whose nomination one of the Parties is responsible,
the said Party shall nominate a replacement within a period
of 60 days from the date of decease or default. Should the said
Party not make the nomination, the arbitration shall proceed
under the remaining Arbitrators. In case of the decease or default
of the Chairman of the Tribunal, a replacement shall be nominated
in accordance with the provisions of article III above, or in
the absence of agreement between the members of the Tribunal
within a period of 60 days of the decease or default, according
to the provisions of the present article. |
|