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September 02, 2014
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10.1    Deviating party agreement
The parties may agree on a procedure for appointment of the Tribunal which is different from the procedure provided for under Rules 10.2 (Appointment of three-member Tribunal or other multiple-member Tribunal)to 10.6(No appeal). However, if the Tribunal has not been appointed within the period of time agreed by the parties or, if the parties have not agreed on a period of time, within 30 (thirty) calendar days after receipt of the notification of Notice of Response referred to in Rule 8.6(Notification of receipt of Notice of Response), the appointment shall be made pursuant to Rules 10.2 (Appointment of three-member Tribunal or other multiple-member Tribunal)to 10.6(No appeal).

10.2    Appointment of three-member Tribunal or other multiple-member Tribunal
In case of a three-member Tribunal or other multiple-member Tribunal, each of the parties shall, if they have not done so in the Notice of Arbitration or in the Notice of Response, within 15 (fifteen) calendar days after receipt of the notificationof Notice of Response referred to in Rule 8.6(Notification of receipt of Notice of Response),or within 15 (fifteen) calendar days after the expiry date of the applicable period mentioned in Rule 10.1 (Deviating party agreement), equally appoint 1 (one) arbitratoror more arbitrators. The arbitrators so appointed shall, within 15 (fifteen) calendar days after the last of them has been appointed, jointly appoint another arbitrator who shall act as the presiding arbitrator of the Tribunal. If either party fails to appoint the required arbitrator(s) or the party-appointed arbitrators fail to appoint a presiding arbitrator within the applicable period specified herein, NCAC, through itsAppointment Committee, shall appoint such arbitrator(s) or/and shall designate 1 (one) of the appointed arbitrators to act as the presiding arbitrator.
 
  10.3    Appointment of one-member Tribunal
In case of a one-member Tribunal, the parties shall, if they have not done so in the Notice of Arbitration or Notice of Response, within 15 (fifteen) calendar days after receipt of the notification on complete Notice of Response referred to in Rule 8.6(Notification of receipt of Notice of Response),or within 15 (fifteen) calendar days after the expiry date of the applicable period mentioned in Rule 10.1(Deviating party agreement), jointly appoint the sole arbitrator. If both parties fail to make a joint appointment of a sole arbitrator within the applicable period specified herein, NCAC, through its Appointment Committee, shall appoint a sole arbitrator to constitute a Tribunal.

  10.4    Multi-party appointment of arbitrators
If there are more than 2 (two) parties in the arbitration, and a three-member Tribunal or other multiple-member Tribunal is to be appointed, the multiple Claimants shall jointlyappoint 1 (one) or more arbitrator(s) and the multiple Respondents shall jointly appoint 1 (one) or more arbitrator(s). If either side fails to make such joint appointment within the applicable period mentioned in Rule 10.2 (Appointment of three-member Tribunal or other multiple-member Tribunal), NCAC, through itsAppointment Committee, shall appoint, on behalf of the failing party, 1 (one) or more arbitrator(s) in accordance with Rule 10.5(Failure to appoint arbitrators, appointment by NCAC). The arbitrators so appointed shall, within 15 (fifteen) calendar days after the last of them has been appointed, jointly appoint another arbitrator who shall act as the presiding arbitrator of the Tribunal. If the arbitrators so appointed fail to appoint a presiding arbitrator within the applicable period specified herein, NCAC, through its Appointment Committee, shall appoint another arbitrator to act as the presiding arbitrator. If there are more than 2 (two) parties in the arbitration, and a one-member Tribunal is to be appointed, all parties are to agree on an arbitrator. If such joint appointment has not been made within the applicable period mentioned in Rule 10.3(Appointment of one-member Tribunal), NCAC,through its Appointment Committee, shall appoint the arbitrator in accordance with Rule 10.5(Failure to appoint arbitrators, appointment by NCAC).

  10.5    Failure to appoint arbitrators, appointment by NCAC
Failing the notification to the General Secretariat of an appointment within the period mentioned in Rule 10.2 (Appointment of three-member Tribunal or other multiple-member Tribunal) or Rule 10.3(Appointment of one-member Tribunal) (or in the event that a party wishes to leave the appointment to NCAC), NCAC,through its Appointment Committee, shall appoint such arbitrator with due regard to any qualifications, including nationality, required of or proposed for the arbitrator by the parties and to the particulars of the dispute. In such case, the Appointment Committee shall not appoint any member of the NCAC Executive Board or of the Appointment Committee.

  10.6    No appeal
Subject toRule 11 (Persons that may be appointed as arbitrators),NCAC, through its Appointment Committee, shall make any required or requestedappointmentof arbitrator(s) as soon as practicable. Subject to Rule 13 (Challenge of arbitrators), an appointment or decision of the Appointment Committee under these Rules shall be final and not subject to any appeal. 

  10.7    Notification of constitution of Tribunal
All appointments shall be made by notification to the General Secretariat. As soon as all arbitrators have been appointed, the General Secretariat shall notify the parties that the Tribunal has been constituted and inform the parties of the names and contact details of the appointed arbitrator(s). It shall then send the file to the Tribunal. 
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