|
- In the event of a dispute between any two or more Parties concerning the
interpretation or application of the Convention, the Parties concerned shall seek a
settlement of the dispute through negotiation or any other peaceful means of their own
choice.
- When ratifying, accepting, approving or acceding to the Convention, or at any time
thereafter, a Party which is not a regional economic integration organization may declare
in a written instrument submitted to the Depositary that, in respect of any dispute
concerning the interpretation or application of the Convention, it recognizes as
compulsory ipso facto and without special agreement, in relation to any Party accepting
the same obligation:
- Submission of the dispute to the International Court of Justice, and/or
- Arbitration in accordance with procedures to be adopted by the Conference
of the Parties as soon as practicable, in an annex on arbitration.
A Party which is a regional economic integration organization may make a declaration
with like effect in relation to arbitration in accordance with the procedures referred to in
subparagraph (b) above.
- A declaration made under paragraph 2 above shall remain in force until it expires in
accordance with its terms or until three months after written notice of its revocation has
been deposited with the Depositary.
- A new declaration, a notice of revocation or the expiry of a declaration shall not in any
way affect proceedings pending before the International Court of Justice or the arbitral
tribunal, unless the parties to the dispute otherwise agree.
- Subject to the operation of paragraph 2 above, if after twelve months following
notification by one Party to another that a dispute exists between them, the Parties
concerned have not been able to settle their dispute through the means mentioned in
paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to
the dispute, to conciliation.
- A conciliation commission shall be created upon the request of one of the parties to
the dispute. The commission shall be composed of an equal number of members
appointed by each party concerned and a chairman chosen jointly by the members
appointed by each party. The commission shall render a recommendatory award, which
the parties shall consider in good faith.
- Additional procedures relating to conciliation shall be adopted by the Conference of
the Parties, as soon as practicable, in an annex on conciliation.
- The provisions of this Article shall apply to any related legal instrument which the
Conference of the Parties may adopt, unless the instrument provides otherwise.
[ INDEX ] ARTICLE 13 ARTICLE 15
|