- 1
- If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in first place endeavour to settle their dispute by bilateral negotiations between Aeronautical Authorities of both Contracting Parties.
- 2
- If the said Aeronautical Authorities fail to reach a settlement by negotiation, the dispute shall be settled through diplomatic channels.
- 3
- If the Contracting Parties fail to reach a settlement by negotiations and through diplomatic channels, the dispute may at the request of either Contracting Party be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either Contracting Party. Each of the Contracting Parties shall designate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other Contracting Party of diplomatic note requesting arbitration of the dispute and the third arbitrator shall be agreed upon within a further period of sixty (60) days. If either of the Contracting Parties fails to designate its own arbitrator within the period indicated, or if the third arbitrator is not agreed upon within the period indicated, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators.
- 4
- The arbitral tribunal will make its decision by majority votes. This decision shall be binding on both Contracting Parties and each Contracting Party shall comply with this decision. Each Contracting Party shall bear the expenses arising from participation in the deliberations of its arbitrator. Expenses related to participation of the President of the arbitral tribunal and other similar expenses should be shared equally between the Contracting Parties. The arbitral tribunal shall determine independently the work procedure to follow for all other issues.
