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Article 9 Settlement of Disputes between the Contracting Parties

Article 9
Settlement of Disputes between the Contracting Parties

 

1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled by consultations through diplomatic channels.

2. If the dispute between the Contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party, be submitted to an arbitration tribunal.

3. Such an arbitration tribunal shall be constituted for each individual case in the following way. Within three months of the receipt of the request for arbitration, each Contracting Party shall appoint one member to the arbitration tribunal. Those two members shall then select a national of a third state who on approval by the two Contracting Parties shall be appointed Chairman of the arbitration tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.

4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement between the Contracting Parties, invite the President of the International Court of Justice (hereinafter referred to as "ICJ") to make the necessary appointments. If the President of the ICJ is a national of the state of either Contracting Party or is otherwise prevented from discharging the said function, the Vice-President shall be invited to make necessary appointments. If the Vice-President of the ICJ is a national of the state of either Contracting Party or is otherwise prevented from discharging the said function, the member of the ICJ next in seniority who is not a national of the state of either Contracting Party and not otherwise prevented from discharging the said function shall be invited to make the necessary appointments.

5. The arbitration tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral proceedings. The costs of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The arbitration tribunal may however in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this decision shall be binding on both Contracting Parties. The arbitration tribunal shall determine its own procedure.