Art. 16 deals with designations of one person to both Panels, with designations of one person by more than one designating authority and with the notification of designations.
The possibility of one person being designated to both Panels was foreseen in all drafts to the Convention and evoked little comment (History, Vol. I, pp. 80, 82; Vol. II, pp. 144, 726, 754). The qualifications required by Art. 14(1) for Panel membership are largely identical, although legal competence is emphasized for designations to the Panel of Arbitrators (see Art. 14, para. 3). In actual practice, the same persons are frequently designated to both Panels. The Centre keeps a consolidated list of members of both Panels (see Art. 12, para. 6).
Multiple designations of one person were the subject of some discussion during the Convention's drafting. The initial drafts simply provided that the earlier designation should be decisive. Later, a clause was added to the effect that designation by the State of the designee's nationality would prevail (History, Vol. I, pp. 82, 84; Vol. II, pp. 144, 145, 253, 318, 488, 489, 732/3, 754). The latter provision has the effect of freeing a position on the Chairman's List (see Art. 13, paras. 4–6) if a person on that List were to be designated by the State of her/his nationality. In actual practice, designations of one person by more than one designating authority are unlikely since designating States and the Chairman are fully informed of the existing Panel membership.