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ARTICLE 41
-
Arbitration:
Procedure (see Article 56 of the Constitution)
|
507 |
1 The party
which appeals to arbitration shall initiate the
arbitration procedure by transmitting to the
other party to the dispute a notice of the
submission of the dispute to arbitration. |
|
508 |
2 The
parties shall decide by agreement whether the
arbitration is to be entrusted to individuals,
administrations or governments. If within one
month after notice of submission of the dispute
to arbitration, the parties have been unable to
agree upon this point, the arbitration shall be
entrusted to governments. |
|
509 |
3 If
arbitration is to be entrusted to individuals,
the arbitrators must neither be nationals of a
State party to the dispute, nor have their
domicile in the States parties to the dispute,
nor be employed in their service. |
510
PP-98 |
4 If
arbitration is to be entrusted to governments,
or to administrations thereof, these must be
chosen from among the Member States which are
not involved in the dispute, but which are
parties to the agreement, the application of
which caused the dispute. |
|
511 |
5 Within
three months from the date of receipt of the
notification of the submission of the dispute to
arbitration, each of the two parties to the
dispute shall appoint an arbitrator. |
|
512 |
6 If more
than two parties are involved in the dispute, an
arbitrator shall be appointed in accordance with
the procedure set forth in Nos. 510 and 511
above, by each of the two groups of parties
having a common position in the dispute. |
|
513 |
7 The two
arbitrators thus appointed shall choose a third
arbitrator who, if the first two arbitrators are
individuals and not governments or
administrations, must fulfil the conditions
indicated in No. 509 above, and in addition must
not be of the same nationality as either of the
other two arbitrators. Failing an agreement
between the two arbitrators as to the choice of
a third arbitrator, each of these two
arbitrators shall nominate a third arbitrator
who is in no way concerned in the dispute. The
Secretary-General shall then draw lots in order
to select the third arbitrator. |
|
514 |
8 The
parties to the dispute may agree to have their
dispute settled by a single arbitrator appointed
by agreement; or alternatively, each party may
nominate an arbitrator, and request the
Secretary-General to draw lots to decide which
of the persons so nominated is to act as the
single arbitrator. |
|
515 |
9 The
arbitrator or arbitrators shall be free to
decide upon the venue and the rules of procedure
to be applied to the arbitration. |
|
516 |
10 The
decision of the single arbitrator shall be final
and binding upon the parties to the dispute. If
the arbitration is entrusted to more than one
arbitrator, the decision made by the majority
vote of the arbitrators shall be final and
binding upon the parties. |
|
517 |
11 Each
party shall bear the expense it has incurred in
the investigation and presentation of the
arbitration. The costs of arbitration other than
those incurred by the parties themselves shall
be divided equally between the parties to the
dispute. |
|
518 |
12 The Union
shall furnish all information relating to the
dispute which the arbitrator or arbitrators may
need. If the parties to the dispute so agree,
the decision of the arbitrator or arbitrators
shall be communicated to the Secretary-General
for future reference purposes. |
ARTICLE 42
- Provisions for Amending this
Convention
519
PP-98 |
1 Any Member
State may propose any amendment to this
Convention. Any such proposal shall, in order to
ensure its timely transmission to, and
consideration by, all the Member States, reach
the Secretary-General not later than eight
months prior to the opening date fixed for the
Plenipotentiary Conference. The
Secretary-General shall, as soon as possible,
but not later than six months prior to the
latter date, forward any such proposal to all
the Member States. |
520
PP-98 |
2 Any
proposed modification to any amendment submitted
in accordance with No. 519 above may, however,
be submitted at any time by a Member State or by
its delegation at the Plenipotentiary
Conference. |
|
521 |
3 The quorum
required at any Plenary Meeting of the
Plenipotentiary Conference for consideration of
any proposal for amending this Convention or
modification thereto shall consist of more than
one half of the delegations accredited to the
Plenipotentiary Conference. |
|
522 |
4 To be
adopted, any proposed modification to a proposed
amendment as well as the proposal as a whole,
whether or not modified, shall be approved, at a
Plenary Meeting, by more than half of the
delegations accredited to the Plenipotentiary
Conference which have the right to vote. |
523
PP-98
PP-02 |
5 Unless
specified otherwise in the preceding paragraphs
of this Article, which shall prevail, the
General Rules of conferences, assemblies and
meetings of the Union shall apply. |
524
PP-98 |
6 Any
amendments to this Convention adopted by a
plenipotentiary conference shall, as a whole and
in the form of one single amending instrument,
enter into force at a date fixed by the
conference between Member States having
deposited before that date their instrument of
ratification, acceptance or approval of, or
accession to, both this Convention and the
amending instrument. Ratification, acceptance or
approval of, or accession to, only a part of
such an amending instrument shall be excluded. |
|
525 |
7
Notwithstanding No. 524 above, the
Plenipotentiary Conference may decide that an
amendment to this Convention is necessary for
the proper implementation of an amendment to the
Constitution. In that case, the amendment to
this Convention shall not enter into force prior
to the entry into force of the amendment to the
Constitution. |
526
PP-98 |
8 The
Secretary-General shall notify all Member States
of the deposit of each instrument of
ratification, acceptance, approval or accession. |
|
527 |
9 After
entry into force of any such amending
instrument, ratification, acceptance, approval
or accession in accordance with Articles 52 and
53 of the Constitution shall apply to this
Convention as amended. |
|
528 |
10 After the
entry into force of any such amending
instrument, the Secretary-General shall register
it with the Secretariat of the United Nations,
in accordance with the provisions of Article 102
of the Charter of the United Nations. No. 241 of
the Constitution shall also apply to any such
amending instrument. |
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