Citation: 4A_418/2019 E. 2

2. In the event that the Contracting Party in whose territory an investment is made and the investor (s) are unable to agree within six months from the notification of the claim by one party to the other, the dispute upon the request of the investor, be referred to (a) the competent courts of the Contracting Party in whose territory the investment is made, or with due regard of their own laws and regulations to: (b) the ad hoc arbitral tribunal of three members established in the following manner: The Party to the dispute that desires to refer the dispute to the arbitration shall appoint an arbitrator through a written notice sent to the other Party. The other party shall appoint an arbitrator within sixty days from the date of receipt of the said notice and the appointed arbitrators shall within the sixty days from the date of the last appointment, appoint the umpire. In the event that each of the parties fails to appoint its arbitrator within the mentioned period or that the appointed arbitrators fail to agree on the umpire, each of the parties may request the President of the International Arbitral Tribunal of the International Chamber of Commerce to appoint the failing party's arbitrator or the umpire, as the case may be. In any event the umpire shall be appointed amongst nationals of a country having diplomatic relations with both Contracting Parties.