Appointment of arbitrators

The claimant nominates its arbitrator in the request, the respondent in its answer. The Registry forwards the nominations, collects the declarations of independence and gives the parties fifteen days to raise objections. The council confirms the appointments.

The president of the panel is chosen by the two arbitrators, after consulting the parties, within thirty days. For a sole arbitrator, the parties agree; failing that, the council appoints.

Every arbitrator must declare, before confirmation, any circumstance that might raise doubts about independence: professional, financial or personal links, recent appointment by one of the parties, participation in a related case. This obligation continues until the award.

A party may request the challenge of an arbitrator if it has legitimate doubts. The council rules after hearing the arbitrator and the parties. The request must be made within fifteen days of the disclosure of the ground.

If an arbitrator dies, resigns, is challenged or is durably prevented from sitting, he or she is replaced under the initial procedure. The tribunal decides, after hearing the parties, whether the acts already carried out are maintained.

To avoid delaying tactics, the resignation of an arbitrator at a late stage is strictly controlled. The parties may agree to continue the proceedings with the two remaining arbitrators in certain cases, with the council's agreement.

Fees are set by the tribunal according to the scale and taking account of time spent, complexity and the amount in dispute. The parties do not negotiate directly with the arbitrators. This rule prevents any pressure on independence.

An arbitrator may request a supplement if the case takes on unforeseen scale; the Registry informs the parties, who may contest.