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- 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 it by negotiation. If the Contracting Parties fail to reach a settlement by negotiations, the dispute shall, at the request of either Contracting Party, be submitted to arbitration in accordance with the procedures set forth below.
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- Arbitration shall be by a tribunal of three arbitrators to be constituted as follows:
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- (a)within 30 days after the receipt of a request through diplomatic channels for arbitration, each Contracting Party shall name one arbitrator. Within 60 days after these two arbitrators have been named, they shall by agreement appoint a third arbitrator, who shall be a national of a third State and shall act as President of the arbitral tribunal;
- (b)if either Contracting Party fails to name an arbitrator, or if the third arbitrator is not appointed in accordance with sub-paragraph (a) of this paragraph, either Party may request the President of the Council of the International Civil Aviation Organisation to appoint the necessary arbitrator or arbitrators within 30 days. In such an event the third arbitrator shall be a national of a third State and shall act as President of the arbitral tribunal.
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- Except as otherwise agreed, the arbitral tribunal shall determine the limits of its jurisdiction in accordance with this Agreement and shall establish its own procedure. At the direction of the tribunal or at the request of either of the Contracting Parties, the tribunal shall seat no later than 15 days after its constitution to determine the precise issues to be arbitrated and the specific procedures to be followed.
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- Except as otherwise agreed, each Contracting Party shall submit a memorandum within 45 days from the date the tribunal is fully constituted. Replies shall be due within 60 days. The tribunal shall hold a hearing at the request of either Party or at its discretion within 15 days after replies are due.
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- The tribunal shall deliver a written decision within 30 days after completion of the hearing or, if no hearing is held, after the date both replies are submitted, whichever is sooner. The decision of the majority of the tribunal shall prevail.
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- The Contracting Parties may submit requests for clarification of the decision within 15 days after it is delivered and any clarification given shall be issued within 15 days of such request.
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- The tribunal shall be competent, in any event and at any time, either upon its own motion or at the request of either Contracting Parties, to prescribe provisional measures necessary to safeguard the rights of the Contracting parties. A Contracting Party may make such request in its written pleadings, at the hearing, or subsequently.
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- Each Contracting Party shall give full effect to any decision or award of the arbitral tribunal.
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- The expenses of the arbitral tribunal, including the fees and expenses of the arbitrators, shall be shared equally by the Contracting Parties, unless otherwise decided by the arbitral tribunal.
