317 



4. The commission shall determine its own procedure, assuring each 

 party to the proceedings a full opportunity to be heard and to present 

 its case. It shall also determine how the costs and expenses shall be 

 divided between the parties to the dispute, failing agreement by the 

 parties on this matter. 



5. The special commission shall render its decision within a period 

 of five months from the time it is appointed unless it decides, in case 

 of necessity, to extend the time limit for a period not exceeding three 

 months. 



6. The special commission shall, in reaching its decision, adhere to 

 these articles and to any special agreements between the disputing 

 parties regarding settlement of the dispute. 



7. Decisions of the commission shall be by majority vote. 



Akticle 10 



1. The special commission shall, in disputes arising under Article 7, 

 apply the criteria listed in paragraph 2 of that article. In disputes 

 under Articles 4, 5, 6 and 8 the commission shall apply the following 

 criteria, according to the issues involved in the dispute : 



(a) Common to the determination of disputes arising under 

 Articles 4, 5 and 6 are the requirements : 



(i) That scientific findings demonstrate the necessity of 

 conservation measures ; 



(ii) That the specific measures are based on scientific find- 

 ings and are practicable; and 



(iii) That the measures do not discriminate, in form or in 

 fact, against fishermen of other States. 



(b) Applicable to the determination of disputes arising under 

 Article 8 is the requirement that scientific findings demonstrate 

 the necessity for conservation measures, or that the conservation 

 programme is adequate, as the case may be. 



2. The special commission may decide that pending its award the 

 measures in dispute shall not be applied, provided that, in the case of 

 disputes under Article 7, the measures shall only be suspended when 

 it is apparent to the commission on the basis of prime facie evidence 

 that the need for the urgent application of such measures does not 

 exist. 



Article 11 



The decisions of the special commission shall be binding on the 

 States concerned and the provisions of paragraph 2 of Article 94 of 

 the Charter of the United Nations shall be applicable to those deci- 

 sions. If the decisions are accompanied by any recommendations, they 

 shall receive the greatest possible consideration. 



Article 12 



1. If the factual basis of the award of the special commission is al- 

 tered by substantial changes in the conditions of the stock or stocks 

 of fish or other living marine resources or in methods of fishing, any of 



