Questione giuridica chiave
Whether the arbitral tribunal was irregularly composed because the respondent's arbitrator was appointed by French courts.
Decisione estratta
The tribunal was not irregularly composed; the clause did not allow a party to paralyze arbitration by refusing to appoint an arbitrator, and foreign court assistance was permissible.
Motivazione estratta
The clause had to be interpreted under Swiss law. Objectively, the parties could not have intended that the arbitration could be blocked ab initio by one party's refusal to appoint an arbitrator. The foreign court decisions appointing the arbitrator could not be indirectly reviewed.