Part III -The Arbitral Tribunal

Article (15)

1. The arbitral tribunal is composed, by agreement between the parties, of one
2. arbitrator or more. In default of agreement on the number of arbitrators, the tribunal shall be composed of three arbitrators.
3. If there is more than one arbitrator, the tribunal must, on pain of nullity, be composed of an odd number.

Article (16)

1. The arbitrator must not be a minor, subject to interdiction or deprived of his
2. civil rights by reason of a judgment against him for a felony or misdemeanor contrary to morality or by reason of declaration of bankruptcy, unless he has been rehabilitated.
3. The arbitrator need not be a specific sex or nationality, unless otherwise provided by agreement between the parties or by provision of law.
4. The arbitrator's acceptance of the mission entrusted to him shall be in writing. When accepting, he must disclose any circumstances which may cast doubts on his independence or neutrality.

Article (17)

1. The parties to arbitration may agree on the selection of arbitrators and on the manner and time of their selection. In default of such agreement, the following steps shall be followed:
   • If the Arbitral Tribunal is composed of a sole arbitrator, the court referred to in Article (9) hereof shall select him on the basis of a request by one of the parties.
   • If the Arbitral Tribunal is composed of three arbitrators, each of the parties shall select one arbitrator and the tow arbitrators shall then select a third. If either party fails to appoint his arbitrator within thirty days from being requested to do so by the other party, or if the two arbitrators fail to select a third arbitrator within the thirty days following the appointment of the more recently appointed one among them, the court referred to in Article (9) hereof shall under take to make such selection on the basis of a request by one of the parties. The arbitrator selected by the two arbitrators appointed as aforesaid or by the court shall preside over the Arbitral Tribunal. These provisions shall apply to cases where the Arbitral Tribunal is composed of more than three arbitrators.
2. If one of the parties violates the greed procedures for the selection of arbitrators, or if the tow appointed arbitrators fail to agree on a matter entailing their agreement, or if a third party defaults on the performance of a matter entrusted to him in this regard, then the court referred to in Article (9) hereof shall, on the basis of a request by one of the parties, carry out the required procedure or matter unless the agreement provides for another method of completing the said procedure or matter.
3. In selecting the arbitrators, the court shall observe the conditions required by the present Law and those agreed upon by the parties and shall issue its decision in this regard expeditiously without prejudice to the provisions of Article (18) and (19) hereof. Its decision shall not be amenable to any form of challenge.

Article (18)

1. An arbitrator may not be reused unless circumstances arise to cast serious doubts on his neutrality or independence.
2. Neither party may recuse the arbitrator he appointed or in whose appointment he participated except for reasons he discovers after making such appointment.

Article (19)

1. The recusance application shall be submitted in writing to the arbitral tribunal, indicating therein the reasons for the recusance, within fifteen days from the dated of the recusance applicant's awareness of the constitution of such tribunal, or of the conditions justifying the recusance. If the arbitrator, whose reply is required, does not step aside within fifteen days from the date of the submission of the application, it shall be referred, without charges, to the court referred to under Article (9) of this law, for decision to be taken in connection therewith by means of an uncontestable ruling.
2. The recusance application shall not be accepted from part of whoever has previously submitted a recusance application related to the recusance of the same arbitrator in relation to the same arbitration.
3. The submission of the recusance application shall not result in the suspension of the arbitration procedures. If recusance of the arbitrator is accepted and sentenced, the arbitration procedures which have been undertaken, including the arbitrator's ruling, shall be consequently considered as null and void.

Article (20)

If an arbitrator who is unable to perform his mission or who fails to perform it or interrupts performance in a manner which leads to unjustifiable delay in the arbitral proceedings does not withdraw or is not removed by agreement between the parties, then the court referred to in Article (9) hereof may terminate his mission on the basis of the request of their party.

Article (21)

If an arbitrator's mission is terminated by a decision for his recusal, discharge or abstention or for any other reason, a substitute shall be appointed in his place in accordance with the procedures followed for the selection of the arbitrator whose mission has been terminated.

Article (22)

1. The arbitral tribunal is empowered to rule on motions related to it's non-competence, including motions based on the absence of an arbitral clause, it’s expiry or nullity, or it's failure to include the subject or the dispute.
2. These motions must be invoked by no later than the date of submission of the respondent's memorandum referred to in paragraph 2 of Article (30) hereof. The appointment or participation in the appointment of an arbitrator by one of the parties to the arbitration shall not disentitle him invoking any of these motions. As to the motion that the arbitral clause does not include matters raised by the other party in the course of the review of the dispute, it must be invoked immediately or the right to invoked it shall lapse. In all cases, the arbitral tribunal may accept motions invoked after the prescribed time limit if it deems the delay to have been for an acceptable reason.
3. The arbitral tribunal may rule on the motions referred to in paragraph (1) of this article before ruling on the merits or join them to the merits in order to adjudicate both together. If it rules to dismiss a motion, such motion may not be invoked except through the institution of a case for the annulment of the arbitral award adjudicating the dispute pursuant to Article (53) of this law.

Article (23)

The arbitral clauses are deemed to be an agreement that is independent of the other conditions of the contract. The nullity, repudiation or termination of the contract shall not affect the arbitral clause therein, provided such clause is valid per se.

Article (24)

1. The parties to arbitration may agree that the arbitral tribunal shall be entitled pursuant to a request by one of them, to order either party to take whatever provisional or conservatory measures it deems the nature of the dispute requires, as well as to demand the presentation of an adequate guarantee to cover the expenses of the measures it orders.
2. If the party to whom the order is issued defaults on executing it, the arbitral tribunal may, at the request of the other, allow the letter to take the procedures necessary for execution, without prejudice to that party's right to apply to the president of the court referred to in Article (9) of this law for an enforcement order.

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