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subsidiary body concerned to which such organization, programme or
commission has delegated this function.
3. Every State Party shall be entitled to nominate two experts in each
field whose competence in the legal, scientific or technical aspects of such
field is established and generally recognized and who enjoy the highest
reputation for fairness and integrity. The names of the persons so nominated
in each field shall constitute the appropriate list.
4. If at any time the experts nominated by a State Party in the list so
constituted shall be fewer than two, that State Party shall be entitled to make
further nominations as necessary.
5. The name of an expert shall remain on the list until withdrawn by the
State Party which made the nomination, provided that such expert shall
continue to serve on any special arbitral tribunal to which that expert has been
appointed until the completion of the proceedings before that special arbitral
tribunal.
Article 3
Constitution of special arbitral tribunal
For the purpose of proceedings under this Annex, the special arbitral
tribunal shall, unless the parties otherwise agree, be constituted as follows:
(a) Subject to subparagraph (g), the special arbitral tribunal shall consist
of five members.
(b) The party instituting the proceedings shall appoint two members to
be chosen preferably from the appropriate list or lists referred to in
article 2 of this Annex relating to the matters in dispute, one of
whom may be its national. The appointments shall be included in
the notification referred to in article 1 of this Annex.
(c) The other party to the dispute shall, within 30 days of receipt of the
notification referred to in article 1 of this Annex, appoint two
members to be chosen preferably from the appropriate list or lists
relating to the matters in dispute, one of whom may be its national.
If the appointments are not made within that period, the party
instituting the proceedings may, within two weeks of the expiration
of that period, request that the appointments be made in accordance
with subparagraph (e).
(d) The parties to the dispute shall by agreement appoint the President
of the special arbitral tribunal, chosen preferably from the
appropriate list, who shall be a national of a third State, unless the
parties otherwise agree. If, within 30 days of receipt of the
notification referred to in article l of this Annex, the parties are
unable to reach agreement on the appointment of the President, the
appointment shall be made in accordance with subparagraph (e), at
the request of a party to the dispute. Such request shall be made
within two weeks of the expiration of the aforementioned 30-day
period.
(e) Unless the parties agree that the appointment be made by a person
or a third State chosen by the parties, the Secretary-General of the
United Nations shall make the necessary appointments within
30 days of receipt of a request under subparagraphs (c) and (d). The
appointments referred to in this subparagraph shall be made from
the appropriate list or lists of experts referred to in article 2 of this
Annex and in consultation with the parties to the dispute and the
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