- 1
- Any dispute arising 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 consultations and negotiation.
- 2
- If the Contracting Parties fail to reach a settlement through consultations, the dispute may, at the request of either Contracting Party, be submitted to arbitration in accordance with the procedures set forth below.
- 3
- If the Contracting Parties have agreed to their disputes by means of arbitration, arbitration shall be by a Tribunal of three arbitrators, one to be named by each Contracting Party and the third to be agreed upon by the two arbitrators so chosen, provided that the third such arbitrator shall not be a national of either Contracting Party. Each Contracting Party 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 a 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 of sixty (60) days or if the third arbitrator is not agreed on within the period indicated, the President of the Council of ICAO may be requested by either Contracting Party to appoint an arbitrator or arbitrators. If the President is of the same nationality as one of the Contracting Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.
- 4
- The arbitration tribunal shall determine its own procedure.
- 5
- Each Contracting Party shall give full effect to any decision or award of the tribunal.
- 6
- Each Contracting Party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties, including any expenses incurred by the President of the Council of ICAO in implementing the procedures in paragraph 3 of this Article.
- 7
- If and so long as either Contracting Party fails to comply with any decision given under paragraph 3, the other Contracting Party may limit, withhold or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default or to the Designated Airline or Airlines in default.
