A
whether it concurs in the appointment of the arbitrator proposed by that party to be the President of the Tribunal.
(2) The communications provided for in this Rule shall be made or promptly confirmed in writing and shall either be transmitted through the Secretary-General or directly between the parties with a copy to the Secretary-General.
Rule 4
Appointment of Arbitrators by the Chairman of
the Administrative Council
(1) If the Tribunal is not constituted within 90 days after the dispatch by the Secretary-General of the notice of registration, or such other period as the parties may agree, either party may, through the Secretary-General, address to the Chairman of the Administrative Council a request in writing to appoint the arbitrator or arbitrators not yet appointed and to designate an arbitrator to be the President of the Tribunal.
(2) The provision of paragraph (1) shall apply mutatis mutandis in the event that the parties have agreed that the arbitrators shall elect the President of the Tribunal and they fail to do so.
(3) The Secretary-General shall forthwith send a copy of the request to the other party.
(4) The Chairman shall, with due regard to Articles 38 and 40 (1) of the Convention, and after consulting both parties as far as possible, comply with that request within 30 days after its receipt.
(5) The Secretary-General shall promptly notify the parties of any appointment or designation made by the Chairman.
Rule 5
Acceptance of Appointments
(1) The party or parties concerned shall notify the Secretary- General of the appointment of each arbitrator and indicate the method of his appointment.
(2) As soon as the Secretary-General has been informed by a party or the Chairman of the Administrative Council of the appointment of an arbitrator, he shall seek an acceptance from the appointee.
(3) If an arbitrator fails to accept his appointment within 15 days, the Secretary-General shall promptly notify the parties, and if appropri- ate the Chairman, and invite them to proceed to the appointment of another arbitrator in accordance with the method followed for the previous appointment.
Rule 6
Constitution of the Tribunal
(1) The Tribunal shall be deemed to be constituted and the proceed- ing to have begun on the date the Secretary-General notifies the parties. that all the arbitrators have accepted their appointment.
(2) Before or at the first session of the Tribunal, each arbitrator shall sign a declaration in the following form:
"To the best of my knowledge there is no reason why I should not serve on the Arbitral Tribunal constituted by the International Centre for Settlement of Investment Disputes with respect to a dispute between
and
"I shall keep confidential all information coming to my knowledge as a result of my participation in this proceeding, as well as the contents of any award made by the Tribunal.
"I shall judge fairly as between the parties, according to the applicable law, and shall not accept any instruction or compensation with regard to the proceeding from any source except as provided in the Convention on the Settlement of Investment Disputes and in the Regulations and Rules made pursuant thereto.
“A statement of my past and present professional, busi- ness and other relationships (if any) with the parties is attached hereto."
Any arbitrator failing to sign a declaration by the end of the first session of the Tribunal shall be deemed to have resigned.
Rule 7
Replacement of Arbitrators
At any time before the Tribunal is constituted, each party may replace any arbitrator appointed by it and the parties may by common consent agree to replace any arbitrator. The procedure of such replace- ment shall be in accordance with Rules 1, 5 and 6.
Rule 8
Incapacity or Resignation of Arbitators
(1) If an arbitrator becomes incapacitated or unable to perform the duties of his office, the procedure in respect of the disqualification of arbitrators set forth in Rule 9 shall apply.
(2) An arbitrator may resign by submitting his resignation to the other members of the Tribunal and the Secretary-General. If the arbi- trator was appointed by one of the parties, the Tribunal shall promptly