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Formation of the Conciliation Panels and Arbitral Tribunals

CHAPTER FOUR

Article (17)
The Committee shall appoint the Conciliation Panel, composed of one or more members, from among its members or from outside to perform the conciliation. The Panel member shall continue to carry out his commission until its completion.

Article (18)

  1. The parties to the Dispute shall choose a sole arbitrator or a Tribunal of three or more arbitrators in accordance with what they agree upon.
  2. If the agreement is for a sole arbitrator but the parties do not agree on his nomination then the Committee shall, upon the request of one of the parties, appoint him.
  3. If the agreement is for a panel of more than one arbitrator, then each party shall name one, but if that is not done either in the application for arbitration or the reply to the application, then the Committee shall, upon the request of one of the parties, appoint the arbitrator on behalf of the party who failed to do so.
  4. The parties shall directly choose a chairman for the Arbitral Tribunal or shall ask the arbitrators to choose him, but if the parties or the arbitrators do not agree thereon, then the Committee shall appoint the chairman of the Tribunal.
  5. The periods provided for in the provisions or Article 27 of these Rules shall be complied with in the implementation of the provisions of Sections 2,3 and 4 of this Article.
  6. The Committee shall appoint the arbitrator or the chairman of the Tribunal from the lists of arbitrators in the Chamber or from outside those lists if the circumstances so require. Its decision in this regard shall be final and no objection with respect thereto shall be accepted except for the reasons related to the rejection of arbitrators in these Rules.

Article (19)
Neither the conciliator nor the arbitrator may be a minor, under guardianship, deprived of his civil rights due to a criminal conviction or a bankrupt. Also, he shall not be an attorney, agent, employee, partner, relative by blood or marriage to the fourth degree, custodian or guardian of one of the parties to the dispute, and he shall not have a direct or indirect interest in the dispute or have previously acted as a mediator to resolve it by conciliation or expressed his opinion thereon, unless the parties shall otherwise approve.

Article (20)

  1. The meetings of the Conciliation Panel or the Arbitral Tribunal shall be held in the place agreed to by the parties to the dispute, and in the event they do not agree the meetings shall be held in the place designated by the Committee. Nevertheless, the Panel/ Tribunal may hold some of its meetings at another place if it considers that to be appropriate. In all cases, the award shall be considered to have been issued at the place designated for the arbitration.
  2. The attendance of all members of each of the Conciliation Panel and the Arbitral Tribunal shall be a prerequisite for considering the cases referred to it. The Panel/Tribunal may adopt procedural decisions in lieu of meeting by unanimous vote, and it may authorize its chairman to take such decisions alone.
  3. The conciliation and arbitration meetings shall be confidential. They may be attended only by those who would be granted permission by the relevant Panel/Tribunal when it considers their attendance necessary.

 

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