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Report No. 260

F. Article 14.5. Appointment of arbitrators.

(i) Analysis and comment:

5.6.1 This is a standard provision outlining the procedure for appointment of arbitrators. It has been a unique but consistent feature in India's BIT programme as is noted by its inclusion in the 2003 Model, to have the appointment of the Presiding arbitrator done by the International Court of Justice, in case consensus may not be evolved by the parties. However, it may be clarified in Article 14.5 that the third arbitrator or Presiding Arbitrator will not be a citizen of either the Home State or the Host State, as was the practice in the 2003 Model.

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