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As part of their agreement on the method for constituting the Tribunal, the parties may agree to adopt a list procedure concerning proposed candidates. List procedures can be used for a sole arbitrator, the President of the Tribunal, or all members of the Tribunal. Commonly used list procedures include:
ICSID supports parties’ efforts to agree on the method of appointment and will follow the agreed method and facilitate the process to the fullest extent possible.
Default Mechanism under the 2013 UNCITRAL Arbitration Rules
If no agreement on the number of arbitrators and the method of their appointment is reached, either party may request the application of the default solutions under the applicable UNCITRAL Arbitration Rules. The following paragraphs are based on Articles 7 through 9 of the 2013 UNCITRAL Arbitration Rules.
i. Number of arbitrators (Article 7)
If more than 30 days have elapsed since the respondent received the notice of arbitration without the parties having agreed on the number of arbitrators, the Tribunal will be made up of three arbitrators.
However, if a party proposes that a sole arbitrator be appointed and the other party fails to respond to this proposal within 30 days of receipt of the notice of arbitration, the Secretary-General of ICSID may, at the request of either party, appoint a sole arbitrator, provided that neither party has yet appointed an arbitrator pursuant to Articles 9 or 10. In doing so, the Secretary-General will generally follow the list-procedure set out in Article 8(2) of the 2013 UNCITRAL Arbitration Rules.
ii. Appointment of Sole Arbitrator (Article 8)
If the parties agree that a sole arbitrator is to be appointed but cannot agree on the identity of that arbitrator within 30 days counted from the receipt by the last party of the proposal for the appointment of a sole arbitrator, either party may request that the Secretary-General appoint the sole arbitrator. The Secretary-General will do so as promptly as possible, following the list-procedure in Article 8(2) of the 2013 UNCITRAL Arbitration Rules, unless it determines that, in view of the circumstances of the case, this is not appropriate.
Pursuant to this procedure, the Secretary-General will communicate to each of the parties an identical list containing at least three names. Within 15 days after the receipt of this list, each party may return the list to the Secretary-General after having deleted the name or names to which it objects and numbered the remaining names on the list in the order of its preference (with 1 being the most preferred candidate, 2 being the second-most-preferred candidate, and so on). A party is not required to share its list with the other party.
After the expiry of the above period of time the Secretary-General will appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties. If there is a tie between the highest ranked candidates, the Secretary-General will select one of them and will inform the parties of the selection.
If for any reason the appointment cannot be made according to this procedure, the Secretary-General will have discretion to appoint the sole arbitrator.
iii. Appointment of Three Member Tribunal (Article 9)
If three arbitrators are to be appointed, each party will appoint one and inform the Secretary-General of its selection. The two arbitrators thus appointed will choose the third arbitrator, who will act as the presiding arbitrator.
If within 30 days after the receipt of a party’s notification of the appointment of an arbitrator the other party has not notified the other party of the arbitrator it has appointed, the first party may request the Secretary-General to appoint the second arbitrator.
If within 30 days after the appointment of the second arbitrator the two arbitrators have not agreed on the presiding arbitrator, either party may request that the Secretary-General appoint the presiding arbitrator. The Secretary-General will do so following the same procedure set out in the previous section for the appointment of a sole arbitrator, unless it determines that, in view of the circumstances of the case, this is not appropriate.
The parties may agree on a different method of constituting the Tribunal even after a party has raised the default formula. Until the appointments under Article 9 of the 2013 UNCITRAL Arbitration Rules are complete, the party failing to appoint, or the two appointed arbitrators remain able to appoint the arbitrator not yet appointed or the President of the Tribunal, as applicable.
iv. Appointment of Arbitrators in Multi-party Proceedings
Where three arbitrators are to be appointed and there are multiple parties as claimant or as respondent, unless the parties have agreed to another method of appointment of arbitrators, the multiple parties will jointly, whether as claimant or as respondent, appoint an arbitrator.
If the parties have agreed that the arbitral tribunal is to be composed of a number of arbitrators other than one or three, the arbitrators will be appointed according to the method agreed upon by the parties.
In the event of any failure to constitute the arbitral tribunal under these Rules, any party may request that the Secretary-General constitute the arbitral tribunal. In doing so, the Secretary-General may revoke any appointment already made and appoint or reappoint each of the arbitrators and designate one of them as the presiding arbitrator.
Default Mechanism under the 1976 UNCITRAL Arbitration Rules
Similarly, under the 1976 UNCITRAL Arbitration Rules, if the parties have not agreed on the number of arbitrators and the method of their appointment, either party may request the application of the default solutions in Articles 5 through 8 of the 1976 Rules.
However, the 1976 Rules do not include, unlike the 2010 and 2013 Rules, any provision regarding the appointment of arbitrators in multi-party proceedings.
i. Number of arbitrators (Article 5)
Under Article 5 of the 1976 Rules, if the parties have not agreed that there shall be only one arbitrator within 15 days after the receipt by the respondent of the notice of arbitration, three arbitrators will be appointed.
ii. Appointment of a sole arbitrator (Article 6)
If within 30 days after receipt by a party of a proposal, the parties have not reached an agreement on the choice of a sole arbitrator, the sole arbitrator shall be appointed by the appointing authority agreed upon by the parties.
However, if no such appointing authority has been agreed upon by the parties, or if the agreed upon appointing authority refuses or fails to appoint the arbitrator within 60 days of the receipt of a party's request, either party may request the Secretary-General of the Permanent Court of Arbitration at The Hague to designate an appointing authority.
To appoint the sole arbitrator “as promptly as possible” (Article 6), the appointing authority will use a list-procedure, unless both parties agree that the list-procedure should not be used or unless the appointing authority determines, in its discretion, that the use of the list-procedure is not appropriate for the case.
Pursuant to this list-procedure, the appointing authority communicates to both parties an identical list containing at least three names. Within 15 days after the receipt of this list, each party may return the list to the appointing authority after having deleted the name or names to which this party objects and numbered the remaining names on the list in the order of preference. After the expiration of the above period of time, the appointing authority will appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties. Nonetheless, if for any reason the appointment cannot be made according to this procedure, the appointing authority may exercise its discretion in appointing the sole arbitrator.
In making the appointment, the appointing authority has regard to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and takes into account the advisability of appointing an arbitrator of a nationality other than the nationalities of the parties.
iii. Appointment of a three-member tribunal (Article 7)
Each party shall appoint one arbitrator. The two arbitrators thus appointed shall choose the third arbitrator who will act as the presiding arbitrator.
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Need for Speed: Most Wanted is a multiplatform racing video game developed by EA Canada and published by Electronic Arts. It is the ninth game in the Need for Speed series.
Need for Speed: Most Wanted reintroduces police pursuits in the series in combination with the open world and vehicle customisation gameplay from the previous Underground titles.
Initial releases of Need for Speed: Most Wanted were available for PC, PlayStation 2, Nintendo GameCube, Xbox and mobile phones. An Xbox 360 release was later launched to coincide with the console's release in 2005.
Need for Speed: Most Wanted was also released for PlayStation Portable, Game Boy Advance and Nintendo DS entitled Need for Speed: Most Wanted: 5-1-0.
A reimagining of the title was released in 2012 by Criterion Games.
The player arrives in Rockport as a newbie to the local street racing scene. Soon, the player becomes involved with the Blacklist, a list of the most notorious racers in Rockport, and proceeds to challenge Razor, the number 15 on the Blacklist. Due to their engine being sabotaged, the player loses the race, resulting in the loss of their BMW M3 GTR GT to Razor and becoming arrested by an approaching squad of the Rockport Police Department.
After being released by the police due to a lack of evidence, the player is helped by Mia, and is informed that Razor became the number one on the Blacklist, thanks to their newly acquired vehicle. From then, the player starts to climb up the Blacklist with the goal of defeating Razor once and for all.
After defeating Razor, Cross sends the entire RPD after the player, and informs them that they helped in the arrest of the Blacklist racers. Mia informs the player that Cross knows about their safehouses, and directs them to jump across a bridge north of Rosewood. The player makes the jump, evading the RPD.
In the final sequence, Cross logs in to the Rockport Police database and adds the player to the National Most Wanted list.
The Blacklist shows the fifteen most notorious racers in the city of Rockport. The player must defeat each successive member in order to advance in the career mode.
Blacklist members can be challenged after achieving a set number of race wins, beating pursuit records (Milestones) and surpassing their bounty.
For defeating a Blacklist member, players get the choice of picking two markers which include pursuit-related rewards, pink slips and customisation items.
The Rap Sheet summarises all recorded criminal activity by each Blacklist member. Players may access their pursuit statistics through the Rap Sheet.
Need for Speed: Most Wanted is set in the fictional city of Rockport during daytime with some occurrences of rain that impacts a car's handling. The perimeter of Rockport consists of industrial, urban and rural areas, with some locations allowing players to drive in remote places.
In free roam mode, which is only accessible in career mode, the player may drive to a race event or shop location or become involved in a pursuit. Players may access the GPS system for navigation.
The Challenge Series includes 68 regular events and 2 additional special events in which the player is tasked with either beating a target time in a Tollbooth event or beating a milestone within a pursuit.
Quick Race mode allows players to participate in a randomly generated or custom race event. Additional tracks, modes and vehicles will unlock as the player progresses through the career mode.
The Speedbreaker ability and Pursuit Breakers are available for the player to use at any time in any event. With the exception of Tollbooth, each event type may feature up to four participants.
The online services for the PC and Xbox 360 releases were shut down on August 11th, 2011.[1]
Players may trigger pursuits in free roam mode and events with high police activity.
Pursuits become more difficult depending on the current heat level which involve in more active police vehicles and more aggressive police tactics.
The car roster of Need for Speed: Most Wanted was complemented with a higher number of European and American cars than in the Underground series. It also introduces a series of special bonus reward cars that cannot be modified, nor used in career mode.
All vehicles are upgradeable through leveled performance part packages. Players can also obtain unique Junkman parts from beating Blacklist racers that permanently raise a vehicle's performance characteristic.
Fine-tuning setups that allow players further performance adjustments can be created in free roam mode from the pause menu.
Visual customisation upgrades are categorised in Parts and Visual, the former offering bodywork-related modifications and the latter offering paint customisation and other options. Each applied customisation item reduces a vehicle's pursuit heat level. Players are also able to obtain unique customisation items from markers that cannot be unlocked otherwise.
In the My Cars menu, players can pick vehicles that were unlocked in career mode and modifiy them at no cost. All vehicle presets created in My Cars can only be selected in Quick Race and multiplayer modes.
A special collector's "Black Edition" of Need for Speed: Most Wanted was released in celebration of the Need for Speed series' tenth anniversary, featuring additional game content and developer insight.
Need for Speed: Most Wanted: 5-1-0 is a handheld exclusive release for the PlayStation Portable, Game Boy Advance, and Nintendo DS platforms.
5-1-0 doesn't feature any form of free roam driving but follows a similar gameplay style as in Need for Speed: Most Wanted and allows players to play as the police in the Tuner Takedown game mode.
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