North American Free Trade Agreement (NAFTA)

Except in respect to a Tribunal established under Article 1126 (Consolidation), and unless the disputing parties otherwise agree, the Tribunal shall comprise three arbitrators, one arbitrator appointed by each of the disputing parties and the third, who shall be the presiding arbitrator, appointed by agreement of the disputing parties. (Article 1123).

When a Party fails to appoint an arbitrator or the disputing parties are unable to agree on a presiding arbitrator, the Secretary General [of ICSID] shall serve as appointing authority for an arbitration under this Section. (Article 1124(1)).

If a Tribunal, other than a Tribunal established under Article 1126 (Consolidation), has not been constituted within 90 days from the date that a claim is submitted to arbitration, the Secretary General [of ICSID], on the request of either disputing party, shall appoint, in his discretion, the arbitrator or arbitrators not yet appointed, except that the presiding arbitrator shall be appointed in accordance with paragraph 3. (Article 1124(2)).

The Secretary General [of ICSID] shall appoint the presiding arbitrator from the roster of presiding arbitrators referred to in paragraph 4, provided that the presiding arbitrator shall not be a national of the disputing Party or a national of the Party of the disputing investor. In the event that no such presiding arbitrator is available to serve, the Secretary General shall appoint, from the ICSID Panel of Arbitrators, a presiding arbitrator who is not a national of any of the Parties. (Article 1124(3).

On the date of entry into force of the Agreement, the Parties shall establish, and thereafter maintain, a roster of 45 presiding arbitrators meeting the qualifications of the ICSID Convention and rules referred to in Article 1120 and experienced in international law and investment matters. The roster members shall be appointed by consensus and without regard to nationality. (Article 1124(4)).

Free Trade Agreement of the Group of Three among Mexico, Colombia, and Venezuela (Group of Three)

Except in respect to a Tribunal established under Article 17-19 (Consolidation), and unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators. Each of the disputing parties shall appoint one arbitrator; the third, who shall be the presiding arbitrator, shall be appointed by agreement of the disputing parties. (Rule 3, Annex to Article 17-16).

When a Party fails to appoint an arbitrator or the disputing parties are unable to agree on a presiding arbitrator, the Secretary General [of ICSID] shall serve as appointing authority for an arbitration under this Section. (Rule 4(1), Annex to Article 17-16).

If a Tribunal, other than a Tribunal established under Article 1719 (Consolidation), has not been constituted within 90 days from the date that a claim is submitted to arbitration, the Secretary General [of ICSID], on the request of either disputing party, shall appoint, in his discretion, the arbitrator or arbitrators not yet appointed, except that the presiding arbitrator shall be appointed in accordance with paragraph 3. (Rule 4(2), Annex to Article 17-16).

The Secretary General [of ICSID] shall appoint the presiding arbitrator from the roster of presiding arbitrators referred to in paragraph 4, provided that the presiding arbitrator shall not be a national of the disputing Party or a national of the Party of the disputing investor. In the event that no such presiding arbitrator is available to serve, the Secretary General shall appoint, from the ICSID Panel of Arbitrators, a presiding arbitrator who is not a national of any of the Parties. (Rule 4(3), Annex to Article 17-16).

On the date of entry into force of the Agreement, the Parties shall establish, and thereafter maintain, a roster of 15 presiding arbitrators meeting the qualifications of the ICSID Convention. The roster members shall be appointed by consensus and without regard to nationality. (Rule 4(4), Annex to Article 17-16).

Common Market of the South (MERCOSUR)

Andean Pact

Caribbean Community and the Caribbean Common Market (CARICOM)