- 1
- If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle their dispute by negotiations between themselves.
- 2
- If the Contracting Parties fail to reach within sixty (60) days a settlement by negotiations they shall refer the dispute for decision to a person or body or, at the request of one of the Contracting Parties, to an arbitration tribunal. The arbitration tribunal shall be composed as follows:
-
- a)Each Contracting Party shall nominate an arbitrator; if one Contracting Party fails to nominate its arbitrator within sixty (60) days, such arbitrator shall be nominated by the President of the Council of the International Civil Aviation Organization at the request of the other Contracting Party.
- b)The third arbitrator, who shall be a national of a third state and who shall preside over the arbitration tribunal, shall be nominated either,
- (i)by agreement between the Contracting Parties; or
- (ii)if within sixty (60) days the Contracting Parties do not so agree, by appointment of the President of the Council of the International Civil Aviation Organization at the request of either Contracting Party. If the President of the Council is a national of one of the Contracting Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.
- 3
- The arbitral tribunal shall reach its decisions by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member as well as of its representation in the arbitral proceedings; the cost of the chairman and any other costs shall be borne in equal parts by the Contracting Parties. In all other respects, the arbitral tribunal shall have its own procedure.
- 4
- The arbitral tribunal shall attempt to give a written decision within sixty (60) days after completion of the hearing or, if no hearing is held, sixty (60) days after the date both replies are submitted.
- 5
- The decision of the arbitral tribunal shall be final and binding upon the parties to the dispute.
- 6
- If and for so long as either Contracting Party fails to comply with a decision under paragraph 5 of this Article, the other Contracting Party may limit, suspend or revoke any rights or privileges under this Agreement.
