Constitution of the arbitral tribunal For the purposes of the procedure provided for in this Annex, the arbitral tribunal shall be constituted, unless the parties agree otherwise, in the following manner:
- a)Subject to the provisions of subparagraph (g), the arbitral tribunal shall be composed of five members; b) The party instituting the procedure shall appoint one member, preferably chosen from the list mentioned in article 2 of this Annex, who may be its national. The appointment shall be included in the notification provided for in article 1 of this Annex; c) The other party to the dispute shall appoint, within 30 days following the receipt of the notification mentioned in article 1 of this Annex, one member, preferably chosen from the list, who may be its national. If the appointment is not made within that time limit, the party that has instituted the procedure may request, within two weeks following the expiration of the time limit, that the appointment be made in accordance with subparagraph (e); d) The other three members shall be appointed by agreement between the parties. They shall be chosen preferably from the list and shall be nationals of third States, unless the parties agree otherwise.
The parties to the dispute shall appoint the president of the arbitral tribunal from among these three members. If, within a period of 60 days counted from the date of receipt of the notification mentioned in article 1 of this Annex, the parties are unable to reach an agreement on the appointment of one or several of the members of the tribunal that must be appointed by common agreement, or on the appointment of the president, the pending appointment or appointments shall be made in accordance with the provisions of subparagraph (e), at the request of one of the parties to the dispute. Such request shall be made within two weeks following the expiration of the aforementioned period of 60 days; e) Unless the parties agree to entrust to a person or a third State chosen by them any of the appointments provided for in subparagraphs (c) and (d), the President of the International Tribunal for the Law of the Sea shall make the necessary appointments.
If the President is unable to act in accordance with the provisions of this subparagraph or is a national of one of the parties to the dispute, the appointment shall be made by the most senior member of the International Tribunal for the Law of the Sea who is available and who is not a national of any of the parties. The appointments provided for in this subparagraph shall be made by choosing from the list mentioned in article 2 of this Annex within a period of 30 days counted from the date of receipt of the request and in consultation with the parties. The members thus appointed shall be of different nationalities and shall not be in the service of any of the parties to the dispute, shall not habitually reside in the territory of one of those parties, nor be nationals of any of them; f) Vacancies shall be filled in the manner established for the initial appointments; g) Parties acting jointly shall appoint jointly one member of the tribunal by common agreement.
In the event that there are several parties with distinct interests, or if there is disagreement as to whether they are acting jointly, each of them shall appoint one member of the tribunal. The number of members of the tribunal appointed separately by the parties shall always be one less than the number of members of the tribunal appointed jointly by the parties; h) Subparagraphs (a) to (f) shall apply, to the greatest extent possible, to disputes involving more than two parties.