Arbitration (International Investment Disputes) Act 1966
CH. 41
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ailure of the parties to reach agreement. If one party fails to appear x participate in the proceedings, the Commission shall close the proceedings and shall draw up a report noting that party's failure o appear or participate.
ARTICLE 35
Except as the parties to the dispute shall otherwise agree, neither party to a conciliation proceeding shall be entitled in any other proceeding, whether before arbitrators or in a court of law or other- wise, to invoke or rely on any views expressed or statements or zamissions or offers of settlement made by the other party in the conciliation proceedings, or the report or any recommendations made by the Commission.
SCE.
CHAPTER IV
ARBITRATION
SECTION 1
Request for Arbitration
ARTICLE 36
(1) Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party.
(2) The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to arbitration in accordance with the rules of procedure for the institution of conciliation and arbitration proceedings.
(3) The Secretary-General shall register the request unless he finds. on the basis of the information contained in the request, that the dispute is manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parties of registration or refusal to register.
SECTION 2
Constitution of the Tribunal
ARTICLE 37
(1) The Arbitral Tribunal (hereinafter called the Tribunal) shall be constituted as soon as possible after registration of a request pursuant to Article 36.
(2) (a) The Tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. (b) Where the parties do not agree upon the number of arbitrators and the method of their appointment, the Tribunal shall consist of three arbitrators, one arbitrator appointed by each party and the third, who shall be the president of the Tribunal, appointed by agreement of the parties.
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