Australian Tax Treaties
The arbitral tribunal shall, unless the Parties agree otherwise, be constituted as follows: (a) it shall consist of three members; (b) the Party instituting the proceedings shall appoint one member. The appointment shall be included in the notification of arbitration under Article 1 of this Annex; (c) the other Party shall, within 30 days of receipt of the notification of arbitration, appoint one member; (d) the Parties shall, within 60 days of the appointment of the second arbitrator, appoint the third member who shall act as President of the tribunal; (e) if an appointment is not made within the time limits provided for in paragraphs (c) and (d) of this Article, either Party may request the Secretary-General of the Permanent Court of Arbitration to make the necessary appointment. If the Secretary-General is a national of either Australia or Timor-Leste or is otherwise prevented from discharging this function, the role of the appointing authority shall be carried out by the Deputy Secretary-General or by the official of the International Bureau of the Permanent Court of Arbitration next in seniority who is not a national of either Australia or Timor-Leste; and (f) any vacancy shall be filled in the manner prescribed for the initial appointment.
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