- 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 it by negotiation.
- 2
- If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body; if they do not so agree, the dispute shall 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 appointed by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channel requesting arbitration of the dispute by such a Tribunal and the third arbitrator shall be appointed within a further period of sixty (60) days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organisation may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In either case, the third arbitrator shall be a national of a third state and shall act as President of the Arbitral Tribunal.
- 3
- The Arbitral Tribunal shall first endeavour to reconcile the two Contracting Parties, failing which it shall consider the dispute and give its decision by a majority vote. Unless otherwise agreed between the Contracting Parties, the Tribunal shall itself draw up its rules of procedure, choose its own venue and give its decision within ninety (90) days following its constitution.
- 4
- The Contracting Parties shall comply with any decision given under paragraph 2 or 3 of this Article.
- 5
- Each Contracting Party shall be responsible for the cost of its designated arbitrator and subsidiary staff provided and both Contracting Parties shall share equally all such further expenses involved in the activities of the Tribunal including those of the President.
- 6
- If, and so long as either Contracting Party fails to comply with a decision given under this Article, the other Contracting Party may limit, withhold or revoke any rights or privileges which it had granted by virtue of this Agreement to the Contracting Party in default or to its designated airline.
