ARTICLE 1

Establishment and functioning of the arbitral tribunal and the implementation of arbitral awards

1. 1. The arbitral tribunal shall comprise three members.

2. 2. In its written notification pursuant to Article 48 of this Convention, the Member State(s) referring the dispute to arbitration shall designate one member of the arbitral tribunal.

3. 3. Within 15 days from the receipt of the notification referred to in paragraph 2, the Member State(s) to which it was addressed shall, in turn, designate one member.

4. 4. Within 30 days from the receipt of the notification referred to in paragraph 2, the Member States concerned shall agree on the designation of a third member. The third member shall not be a national of the parties to the dispute, nor permanently reside in the territory of either Member State. The member thus appointed shall be the President of the arbitral tribunal.

5. 5. If all three members have not been designated or appointed within 30 days from the receipt of the notification referred to in paragraph 2, the necessary designations shall be made, at request of either party to the dispute, by the President of the International Court of Justice applying the criteria of paragraphs 3 and 4. If the President is unable to act under this paragraph or is a national of a party to the dispute, the designations shall be effected by the next senior member of the Court who is neither unable to act nor a national of a Member State.

6. 6. Unless otherwise agreed between the parties to the dispute, and subject to Article 48 of the Convention and this Annex, the Optional Rules for Arbitrating Disputes between Two States of the Permanent Court of Arbitration (PCA), effective 20 October 1992, shall apply.

7. 7. The arbitral tribunal shall take its decisions by majority vote. Minority opinions shall not be disclosed.

8. 8. A Member State which is not a party to the dispute, on delivery of a written notice to the disputing parties, shall be entitled to make written submissions to the arbitral tribunal, to receive written submissions of the disputing parties, attend all hearings and make oral submissions.