SECTION 3 — Appointment of arbitrators

3.1 The dispute may be settled by a sole arbitrator or by three arbitrators. In the present rules of arbitration, the arbitral tribunal may also be referred to as “the arbitrator”. Where the parties have agreed that the dispute shall be settled by a sole arbitrator, he shall be appointed by mutual agreement subject to approval of the Court. If the parties fail to agree within thirty (30) days of notification of the request for arbitration, the arbitrator shall be appointed by the Court Where the dispute is to be referred to three arbitrators, each party shall in the request for arbitration or in the reply to the request appoint one independent arbitrator, subject to the approval of the Court. If one of the parties fails to appoint an arbitrator, the latter shall be appointed by the Court. The third arbitrator, who will act as Chairman of the arbitral tribunal, shall be appointed by the Court, unless the parties have agreed that the two arbitrators they had designated would appoint the third arbitrator within a given time limit. In such event, the Court shall confirm the third arbitrator. If the two arbitrators fail to agree on an appointment within the time limit fixed by the parties or the Court, the third arbitrator shall be appointed by the Court. Where the parties have not mutually agreed upon the number of arbitrators, the Court shall appoint a sole arbitrator, unless it appears that the dispute is such as to justify the appointment of three arbitrators. In such latter case, the parties shall appoint an arbitrator within a period of fifteen (15) days. Where there are more than two parties, either as claimants or defendants, who have to submit to the Court joint proposals for the appointment of an arbitrator and where they fail to agree on such appointment within the fixed time limit, the Court may appoint each member of the arbitral tribunal. 3.2 The arbitrators may be elected from the list of arbitrators drawn up by the Court and updated annually. The members of the Court cannot be included on the said list. 3.3 In appointing arbitrators, the Court shall have regard to the nationality of the parties, their residence, the residence of their counsel as well as the residence of the arbitrators, the language of the parties, the nature of the claims and, if need be, the laws chosen by the parties to govern their relationship. With a view to proceeding with the appointments and drwing up the list of arbitrators pursuant to Article 3.2, the Court, if it deems it necessary, may first require the opinion of experts whose competence is well known in the field international commercial arbitration.