Article 11:
The arbitration agreement may be (concluded) before the occurrence of the dispute whether in the form of a separate agreement or contained in a specific contract arising between the two parties. The arbitration agreement may also be concluded after the occurrence of the dispute even if such dispute was the subject of an action before any “judicial body”(6) and, in such a case, the agreement must precisely determine the subject of the dispute or, else, it is void.
Article 12:
a. A court before which an action is brought in a dispute which is the subject of an arbitration agreement shall dismiss the case if the defendant so requests before entering into the substance of the dispute.
b. Bringing an action as referred to in paragraph (a) of this article, does not preclude the commencement or continuation of the arbitral proceedings or the issuance of the arbitral award, unless otherwise agreed by the two parties.
Article 13:
It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a “Judge of Summary Matters” that a provisional or conservatory measure be taken in accordance with the “Law of Civil Procedures” and such measure may be withdrawn in the same manner. The Arbitral Tribunal
Article 14:
a. The arbitral tribunal shall be composed, by agreement between the two parties, of one or more arbitrators and in case of non-agreement the number of arbitrators shall be three.
b. The number of arbitrators, if more than one, shall be odd, otherwise the arbitration is void.
Article 15:
a. An arbitrator must not be a minor, an interdicted person or deprived from his civil rights on the ground of a judgment against him for a felony or misdemeanor contrary to honor or due to a declaration of his bankruptcy, even if he has been rehabilitated.
b. Unless otherwise agreed by the two arbitrating parties or provided for by the law, an arbitrator need not be of a specific gender or nationality.
c. The arbitrator’s acceptance of his mandate shall be in writing and, when accepting, he shall disclose any circumstances likely to give rise to doubts as to his impartiality or independence.
Article 16:
a. The two arbitrating parties are free to agree on the selection of arbitrators and on the manner and the date of their selection. Failing such agreement, the following procedures shall be followed:
1- If the arbitral tribunal consists of a sole arbitrator, he shall be appointed, upon request of either party, by the competent court.
2- If the arbitral tribunal consists of three arbitrators, each party shall appoint one arbitrator and the two arbitrators thus appointed shall appoint the third arbitrator. If either party fails to appoint his arbitrator within fifteen days following the date of receipt of a request to do so from the other party, or if the two appointed arbitrators fail to agree on the third arbitrator within fifteen days following the date of appointing the more recently appointed arbitrator, the appointment shall be made, upon request of either party, by the competent court. The third arbitrator, whether appointed by the two appointed arbitrators or by the competent court, shall preside the arbitral tribunal.
3- The procedures stated in paragraph above shall be followed if the arbitral tribunal is composed of more than three arbitrators.
Article 17:
a. An arbitrator may be challenged only if circumstances exist that give rise to doubts as to his impartiality or independence.
b. Neither party may challenge an arbitrator appointed by him or in whose appointment he has participated, except for a reason he became aware after the appointment has been made.
Article 18:
a. A request for challenge indicating the reasons for challenge shall be submitted to the competent court within fifteen days after the challenging party becoming aware of the constitution of the arbitral tribunal or becoming aware of the circumstances justifying the challenge. Unless the challenged arbitrator withdraws from his office after notifying him (of the challenge)(5), the competent court shall decide on the request and such decision shall be subject to no appeal whatsoever.
b. A request for challenge from a party who had previously submitted a request for challenging the same arbitrator and for the same reason shall not be admitted.
c. The submission of a request for challenge shall not suspend the arbitral proceedings and if the challenge is admitted, all arbitral procedures in which the challenged arbitrator had participated, including the arbitral award, shall be deemed void.
Article 19:
If an arbitrator becomes unable to perform his function or fails to commence or to continue such performance in a manner which leads to unjustifiable delay in the arbitral proceedings, and if neither he withdraws from his office nor the two parties agree on removing him, then the competent court is empowered, upon request of either party, to terminate his mandate by a decision which shall be subject to no appeal whatsoever.
Article 20:
Where the mandate of an arbitrator terminates by a judgement admitting the challenge or because of removing him (by agreement of the parties), his withdrawal from his office, death, or his inability (to perform his function), or for any other reason, then a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator whose mandate being terminated.
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The arbitration agreement may be (concluded) before the occurrence of the dispute whether in the form of a separate agreement or contained in a specific contract arising between the two parties. The arbitration agreement may also be concluded after the occurrence of the dispute even if such dispute was the subject of an action before any “judicial body”(6) and, in such a case, the agreement must precisely determine the subject of the dispute or, else, it is void.
Article 12:
a. A court before which an action is brought in a dispute which is the subject of an arbitration agreement shall dismiss the case if the defendant so requests before entering into the substance of the dispute.
b. Bringing an action as referred to in paragraph (a) of this article, does not preclude the commencement or continuation of the arbitral proceedings or the issuance of the arbitral award, unless otherwise agreed by the two parties.
Article 13:
It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a “Judge of Summary Matters” that a provisional or conservatory measure be taken in accordance with the “Law of Civil Procedures” and such measure may be withdrawn in the same manner. The Arbitral Tribunal
Article 14:
a. The arbitral tribunal shall be composed, by agreement between the two parties, of one or more arbitrators and in case of non-agreement the number of arbitrators shall be three.
b. The number of arbitrators, if more than one, shall be odd, otherwise the arbitration is void.
Article 15:
a. An arbitrator must not be a minor, an interdicted person or deprived from his civil rights on the ground of a judgment against him for a felony or misdemeanor contrary to honor or due to a declaration of his bankruptcy, even if he has been rehabilitated.
b. Unless otherwise agreed by the two arbitrating parties or provided for by the law, an arbitrator need not be of a specific gender or nationality.
c. The arbitrator’s acceptance of his mandate shall be in writing and, when accepting, he shall disclose any circumstances likely to give rise to doubts as to his impartiality or independence.
Article 16:
a. The two arbitrating parties are free to agree on the selection of arbitrators and on the manner and the date of their selection. Failing such agreement, the following procedures shall be followed:
1- If the arbitral tribunal consists of a sole arbitrator, he shall be appointed, upon request of either party, by the competent court.
2- If the arbitral tribunal consists of three arbitrators, each party shall appoint one arbitrator and the two arbitrators thus appointed shall appoint the third arbitrator. If either party fails to appoint his arbitrator within fifteen days following the date of receipt of a request to do so from the other party, or if the two appointed arbitrators fail to agree on the third arbitrator within fifteen days following the date of appointing the more recently appointed arbitrator, the appointment shall be made, upon request of either party, by the competent court. The third arbitrator, whether appointed by the two appointed arbitrators or by the competent court, shall preside the arbitral tribunal.
3- The procedures stated in paragraph above shall be followed if the arbitral tribunal is composed of more than three arbitrators.
Article 17:
a. An arbitrator may be challenged only if circumstances exist that give rise to doubts as to his impartiality or independence.
b. Neither party may challenge an arbitrator appointed by him or in whose appointment he has participated, except for a reason he became aware after the appointment has been made.
Article 18:
a. A request for challenge indicating the reasons for challenge shall be submitted to the competent court within fifteen days after the challenging party becoming aware of the constitution of the arbitral tribunal or becoming aware of the circumstances justifying the challenge. Unless the challenged arbitrator withdraws from his office after notifying him (of the challenge)(5), the competent court shall decide on the request and such decision shall be subject to no appeal whatsoever.
b. A request for challenge from a party who had previously submitted a request for challenging the same arbitrator and for the same reason shall not be admitted.
c. The submission of a request for challenge shall not suspend the arbitral proceedings and if the challenge is admitted, all arbitral procedures in which the challenged arbitrator had participated, including the arbitral award, shall be deemed void.
Article 19:
If an arbitrator becomes unable to perform his function or fails to commence or to continue such performance in a manner which leads to unjustifiable delay in the arbitral proceedings, and if neither he withdraws from his office nor the two parties agree on removing him, then the competent court is empowered, upon request of either party, to terminate his mandate by a decision which shall be subject to no appeal whatsoever.
Article 20:
Where the mandate of an arbitrator terminates by a judgement admitting the challenge or because of removing him (by agreement of the parties), his withdrawal from his office, death, or his inability (to perform his function), or for any other reason, then a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator whose mandate being terminated.
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