Article 5

 

1. All designations of an arbitrator made by the parties or the arbitrators

are subject to confirmation by the Court, upon which the

appointments shall become effective. The Court has no obligation

to give reasons when it does not confirm an arbitrator.

 

2. Where a designation is not confirmed, the Court may either:

(a) invite the party or parties concerned, or, as the case may be,

the arbitrators, to make a new designation within a reasonable

time-limit; or

(b) in exceptional circumstances, proceed directly with the appointment.

 

3. In the event of any failure in the constitution of the arbitral tribunal

under these Rules, the Court shall have all powers to address

such failure and may, in particular, revoke any appointment made,

appoint or reappoint any of the arbitrators and designate one of

them as the presiding arbitrator.

 

4. If, before the arbitral tribunal is constituted, the parties agree on

a settlement of the dispute or the continuation of the arbitral proceedings

becomes unnecessary or impossible for other reasons,

the Secretariat shall give advance notice to the parties that the

Court may terminate the proceedings. Any party may request that

the Court proceed with the constitution of the arbitral tribunal in

accordance with these Rules in order that the arbitral tribunal determine

and apportion the costs not agreed upon by the parties.

 

5. Once the Registration Fee and any Provisional Deposit have been

paid in accordance with Appendix B (Schedule of Costs) and all arbitrators

have been confirmed, the Secretariat shall transmit the
file to the arbitral tribunal without delay.