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.
Official translation
Spot-checked
In force from 17 October 1993
Source page 10