SECTION 4 — Independence, challenge and replacement of arbitrators

4.1 Any arbitrator appointed or confirmed by the Court shall be and remain independent of the parties involved in the arbitration. He shall perform his duties until the end. Before his appointment or confirmation by the Court, the prospective arbitrator who has received information on the dispute as set out in the request for arbitration as well as, if it has been submitted, as set out in the reply to such request, shall disclose in writing to the Secretary General of the Court any facts or circumstances which might be of such nature as to call into question the arbitrator’s independence in the mind of the parties. Upon receipt of this information, the Secretary General of the Court shall forward such information to the parties in writing and shall fix a time limit for the parties to present their respective comments. The arbitrator shall immediately disclose, in writing, to the Secretary General of the Court and the parties, any facts and circumstances of similar nature which may occur between his appointment or confirmation by the Court and the notification of the final award. 4.2 The challenge of an arbitrator, whether for an alleged lack of independence or otherwise, shall be made by the submission to the General Secretary of a written statement specifying the facts and circumstances on which the challenge is based. To be admissible, the challenge shall be sent by a party either within thirty (30) days from the date of receipt by that party of the notification of the appointment or confirmation of the arbitrator, or within thirty (30) days from the date when the party filing the challenge was informed of the facts and circumstances on which the challenge is based if such date is subsequent to the receipt of such notification. The Court shall rule upon the admissibility of the request, and at the same time, if it deems it necessary, on the merits of the challenge, after the Secretary General has given an opportunity for the arbitrator concerned, the parties and any other members of the arbitral tribunal if any, to comment in writing within a reasonable period of time. 4.3 An arbitrator shall be replaced upon his death, upon acceptance by the Court of the challenge against him, or upon acceptance by the court of his resignation. Where the resignation of an arbitrator is not accepted by the Court and the arbitrator nevertheless refuses to continue to perform his assignment, he shall be replaced if he is a sole arbitrator or if he is the Chairman of the arbitral tribunal. In any event, the Court shall consider whether the replacement is appropriate taking into account the progress of the proceedings and the opinion of the two remaining arbitrators. Where the court considers replacement not necessary, the proceedings shall continue and the award may be rendered in spite of the refusal to participate by the arbitrator whose resignation has been refused. The Court shall render its decision having regards, in particular, to the provisions of Article 28 (2) below. 4.4 An arbitrator shall also be replaced where the Court decides that he is prevented de jure or de facto from fulfilling his mission or that he is not fulfilling his functions in accordance with PART IV of the Treaty or in accordance with the Rules or within the prescribed time limits. When, on the basis of information that has come to its attention, the court considers applying the preceding paragraph, it shall decide on the replacement after the Secretary General of the Court has communicated this information in writing to the arbitrator concerned, the parties and other members of the tribunal, if any, and has given them the opportunity to comment in writing within a reasonable period of time. In case of replacement of an arbitrator who is not fulfilling his functions in accordance with Part IV of the Treaty or in accordance with the rules of arbitration or within the prescribed time limits,, the appointment of a new arbitrator shall be made by the Court upon the recommendation of the party who had appointed the arbitrator to be replaced without the Court being bound by the said recommendation. Where the Court is aware that in an arbitral tribunal composed of three arbitrators, one of the arbitrators other than the Chairman, is not participating in the arbitration even though he has not resigned, the Court may, pursuant article 4 sub 3 and 4 above, not replace the said arbitrator when the two other arbitrators have accepted to continue the arbitration despite the failure of the said arbitrator to participate. 4.5 Once reconstituted, and after having invited the parties to furnish their comments, the arbitral tribunal shall determine to what extent the prior proceedings shall be repeated. 4.6 In accordance with the provisions of Article 1.1 above, the ruling of the Court relating to the appointment, confirmation, challenge or replacement of an arbitrator shall be final.