Section 12 Appointment of arbitrators

(1) In notifying the parties of the start of proceedings, the Service Desk asks each party to appoint two arbitrators from the list of arbitrators referred to in section 3 (1) within four weeks. For this purpose, the Service Desk provides the parties with the list of arbitrators. Each party appoints one arbitrator who is a jurist in accordance with the requirements in Annex 1 of these Arbitration Rules and one arbitrator who has expertise in German 20th-century history, with a specialisation in National Socialism, or with expertise in researching the provenance of Nazi-looted cultural property. If one party is made up of multiple parties, it only has the right to appoint arbitrators jointly. Each party is bound by its appointment of arbitrators as soon as its selection has been received by the Service Desk.

(2) The Service Desk may extend the time limit given in subsection (1) on request. If the Service Desk has not received one party’s appointment within this time limit, the Service Desk asks the party again to provide its appointment within a certain time limit. If the party does not send its appointment to the Service Desk within the extended time period, then the head of the Service Desk selects the arbitrators by drawing lots.

(3) Within 21 days of being requested by the Service Desk, the appointed arbitrators choose from the list of arbitrators a chairperson to direct the proceedings. The chairperson should ideally be a judge; alternatively, the chairperson may be a jurist who is qualified to hold judicial office in Germany. If the four arbitrators are unable to agree on a chairperson within the time limit given in sentence 1, the chairperson is to be chosen by the competent higher regional court at the request of one of the parties.

(4) The arbitration panel is constituted when all arbitrators have been appointed and their chairperson has been chosen. The Service Desk informs the parties that the arbitration panel has been constituted.