SECTION 22

Disputes may be settled by a sole or by three arbitrators. Under the following articles, the term “arbitrator” may either refer to one or more arbitrators Where the parties have agreed that the dispute shall be settled by a sole arbitrator, he shall be appointed by mutual agreement, subject to the approval of the Court. Where the parties fail to agree within thirty 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 an 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 President 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 that case the Court shall confirm the third arbitrator. If the two arbitrators fail to agree on the third arbitrator 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 that case, the parties shall appoint the arbitrators within a period of fifteen days. The arbitrators may be chosen from the list of arbitrators established by the Court and updated annually No members of the Court may be registered on the said list. The Court shall rule on any challenge of an arbitrator by a party. Its decision shall not be subject to appeal. An Arbitrator shall be replaced upon his death or when he is unable to perform functions, or when he has to resign from assignment either by reason of his challenge a party or for any other reason or when the Court, after having examined his observations, decides that he has not fulfilled his obligations pursuant to the provisions of this Part or the time limit provided herein or in the Rules of Arbitration of the Common Court of Justice Arbitration. In either case, the court shall precede in accordance with paragraphs two and three above.