- 1
- Any dispute between the Contracting Parties concerning the interpretation or application of the present Agreement shall as far as possible be settled by means of diplomatic negotiations.
- 2
- Any dispute between either Contracting Party and a national or person of the other Contracting Party concerning an investment of that national or person in the territory of the former Contracting Party shall as far as possible be settled in an amicable way.
- 3
- If a dispute as meant in paragraph (1) or (2) cannot be settled within a reasonable lapse of time, it shall, unless the parties to the dispute have otherwise agreed, be submitted, at the request of either party to the dispute, to an arbitral tribunal, composed of three members. Each party to the dispute shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party.
- 4
- If one of the parties to the dispute fails to appoint its arbitrator and has not proceeded to do so within two months after an invitation from the other party to make such appointment, the latter party to the dispute may invite the President of the International Court of Justice to make the necessary appointment.
- 5
- If the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, either party to the dispute may invite the President of the International Court of Justice to make the necessary appointment.
- 6
- If, in the cases provided for in the fourth and fifth paragraphs of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointments.
- 7
- The tribunal shall decide on the basis of respect for the law. Before the tribunal decides, it may at any stage of the proceedings propose to the parties that the dispute be settled amicably. The foregoing provisions shall not prejudice the power of the tribunal to decide the dispute ex-aequo et bono if the parties so agree.
- 8
- Unless the parties decide otherwise, the tribunal shall determine its own procedure.
- 9
- The tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the parties to the dispute.
