Party whose DFI is a party to the dispute or difference) within two months of receipt by that OFI of the request for arbitration. 5 The chairman of the arbitral tribunal shall be appointed, from among the arbitrators selected in terms of paragraph 4 above (or from the roster of presiding arbitrators contemplated in paragraph 9 below) by agreement of the parties to the relevant dispute or difference. 6 If (i) a party to the relevant dispute or difference fails to nominate its arbitrator, as contemplated in paragraph 4 above, or (ii) the parties to such dispute or difference fail to agree on the appointment of the chairman of the arbitral tribunal, as contemplated in paragraph 5 above, as the case may be, within three months of the request for arbitration referred to in paragraph 4 above, any party may approach the SADC Executive Secretary to make the appointment of such arbitrator or such chairman, as the case may be. 7 The chairman of the arbitral tribunal appointed in terms of paragraphs 4 or 5 above shall, in respect of the DFis which are parties to the relevant dispute or difference, not be a national of any of those DFis' State Parties. 8 State Parties agree that: 9. (a) the arbitral tribunal contemplated in paragraph 3 above shall reach its decision by majority of votes, with each arbitrator having one vote and the chairman having a casting vote in the event of a deadlock; (b) the decision of the arbitral tribunal shall be final and binding on all the parties to the dispute or difference; and (c) the arbitral tribunal shall determine its own procedures and make its own determinations with regard to the costs of the relevant arbitration proceedings. State Parties agree that: (a) DFis, through the forum of the Network, will establish and maintain, a roster of at least 25 presiding arbitrators from a list of highly skilled professionals who are experienced in international finance and investment matters; (b) the presiding arbitrators referred to in sub-paragraph (a) will be appointed by consensus of the DFis and without regard to the nationality of such presiding arbitrators, provided that the DFis will, as far as possible, ensure that the roster of presiding arbitrators adequately represents all of the State Parties; and 97

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