Article 16. Appointment of arbitrators

Unless otherwise agreed by the parties, no person shall be deprived of the right to act as an arbitrator by reason of his/her citizenship.

The parties shall be entitled to agree at their discretion on a procedure for the appointment of an arbitrator or arbitrators, subject to the provisions of parts 4 and 5 of this Article.

In the absence of such agreement:

1) in an arbitration with three arbitrators, each party shall appoint one arbitrator and the two arbitrators so appointed shall appoint the third arbitrator. Should a party fail to appoint an arbitrator within thirty days after receiving a request to do so from the other party or should the two arbitrators fail to agree on a third arbitrator within thirty days of their appointment, the arbitrator shall be appointed by the court at the request of either party;

2) in an arbitration with a sole arbitrator - unless the parties agree on the selection of an arbitrator - the arbitrator shall be appointed by the court at the request of either party.

If, under the appointment procedure agreed upon by the parties:

1) either of the parties fails to follow such procedure; or

2) the parties, or two arbitrators cannot reach an agreement under such procedure; or

3) a third party - including an institution - fails to perform any function assigned to it under such procedure, any party shall be entitled to request the court to take the necessary measures, unless the agreement on the appointment procedure stipulates other means of securing the appointment.

A decision rendered by the court in accordance with parts 3 or 4 of this Article shall not be subject to appeal.

In appointing an arbitrator, the court shall have due regard to any requirements set for the arbitrator by the agreement of the parties and to such considerations that may secure the appointment of an independent and impartial arbitrator and - in the case of appointment of a sole or third arbitrator - shall also take into account the advisability of appointing an arbitrator of a citizenship other than citizenship of the parties.