(1) If, at the end
of a period of 60 days from the nomination of the second Arbitrator,
the Chairman of the Tribunal shall not have been nominated, the Secretary-General
of the Organization upon request of either Party shall within a further
period of 60 days proceed to such nomination, selecting him from a
list of qualified persons previously drawn up by the Council of the
Organization.
(2) If, within a period
of 60 days from the date of the receipt of the request, one of the
Parties shall not have nominated the member of the Tribunal for whose
designation it is responsible, the other Party may directly inform
the Secretary-General of the Organization who shall nominate the Chairman
of the Tribunal within a period of 60 days, selecting him from the
list prescribed in paragraph (1) of the present article.
(3) The Chairman of
the Tribunal shall, upon nomination, request the Party which has not
provided an Arbitrator, to do so in the same manner and under the
same conditions. If the Party does not make the required nomination,
the Chairman of the Tribunal shall request the Secretary-General of
the Organization to make the nomination in the form and conditions
prescribed in the preceding paragraph.
(4) The Chairman of
the Tribunal, if nominated under the provisions of the present article,
shall not be or have been a national of one of the Parties concerned,
except with the consent of the other Party.
(5) In the case of
the decease or default of an Arbitrator for whose nomination one of
the Parties is responsible, the said Party shall nominate a replacement
within a period of 60 days from the date of decease or default. Should
the said Party not make the nomination, the arbitration shall proceed
under the remaining Arbitrators. In case of the decease or default
of the Chairman of the Tribunal, a replacement shall be nominated
in accordance with the provisions of article III above, or in the
absence of agreement between the members of the Tribunal within a
period of 60 days of the decease or default, according to the provisions
of the present article.