8.2 Any application to a court of law on any matter so contested, or on any other matter in dispute in arbitration proceedings commenced under the aegis of the Foundation, shall not affect the continuation of the arbitration proceedings, save and to the extent that a court otherwise orders.

8.3 Any party to such arbitration proceedings who is aware of such an application to a court, shall notify the Registrar, who shall inform the arbitrator thereof.

ARTICLE 9: Appointment of Arbitrator

9.1 Where the Secretariat is satisfied -

9.1.1 that a dispute is prima facie arbitrable by an arbitrator to be appointed by the Foundation; and

9.1.2 that the defendant is in default timeously to deliver a response as required by 6.1, or that the response as required by 6.1 and, if applicable, as required by 6.4, has or have been delivered; and