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Article 9 Resolution of Disputes between the Contracting Parties

Article 9
Resolution of Disputes between the Contracting Parties

 

1. Disputes between the Contracting Parties relating to the interpretation and application of this Agreement shall be resolved by negotiations.

If a dispute has not been resolved in this manner within six months from the beginning of negotiations then at the request of either Contracting Party it shall be submitted to an arbitration tribunal.

2. An arbitration tribunal shall be constituted for each individual case, for which purpose each Contracting Party appoints one member of the arbitration tribunal within two months of the date of receipt of the notice of arbitral proceedings. Then these two members of the tribunal select a citizen of a third state, who, with on approval by both Contracting Parties, shall be appointed chairman of the arbitration tribunal within a month of the date of appointment of the other two members.

3. If within the periods specified in point 2 of this article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the president of the International Court of Justice to make the necessary appointments. If the president of the International Court of Justice is a citizen of one of the Contracting Parties or for other reasons can not fulfil this request then the deputy president of the International Court of Justice shall be invited to make the necessary appointments. If the deputy president of the International Court of Justice is also a citizen of one of the Contracting Parties or for other reasons can not fulfil this request then the member of the International Court of Justice next in seniority who is not a citizen of one of the Contracting Parties shall be invited to make the necessary appointments.

4. The arbitration tribunal shall reach a decision by a majority of votes. Such decision shall be final and binding for the Contracting Parties. Each Contracting Party shall bear the costs relating to the activity of its own member of the tribunal and of its representation in the arbitral proceedings. The costs of the chairman of the tribunal and other costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the Contracting Parties and this decision shall be binding for both Contracting Parties. The arbitration tribunal shall determine its own procedure.