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ANNEX TO ARTICLE 10.*" — ARBITRATION 



Article 1 



Arbitration procedure, unless the Parties to tlie dispute decide otherwise, shall 

 be in accordance with tlie rules set out in this Annex. 



Article 2 



(1) An Arbitration Tribunal shall be established uiion the request of one 

 Contracting State addressed to another in application of Article 11 of the Con- 

 vention. The request for arbitration shall consist of a statement of the case to- 

 gether with any supporting documents. 



2. The requesting Party shall inform the Secretai-y-General of the Organization 

 of the fact that it has applied for the establishment of a Tribunal, of the names of 

 the other State or States Party to the dispute, and of the Articles or Regulations 

 of the Convention over which there is in its opinion disagreement concerning their 

 interpretation or application. The Secretary-General shall transmit this informa- 

 tion to all Contracting States. 



Article 3 



The Tribunal shall consist of three members : one Arbitrator nominated by each 

 Party to tlie dispute and a tliird Arbitrator who shall be nominated by agreement 

 between the two first named, and shall act as its Chairman. 



Article -J 



(1) If, at the end of a period of 60 days from the nomination of the second 

 Arbitrator, the Chairman of the Tribunal shall not have been nominated, the 

 Secretary-General of the Organization upon request of eitlier Party shall within 

 a further period of 60 days proceed to such nomination, selecting from a list of 

 qualified persons previously drawn up by the Council of tlie Organization. 



(2) If, within a period of 60 days from the date of the receipt of the request, 

 one of the Parties shall not have nominated the member of the Tribunal for whose 

 designation it is responsible, the other Party may directly inform the Secretary- 

 General of the Organization who shall nominate the Chairman of the Tibunal 

 within a period of 60 days, selecting him from the list prescribed in paragraph 

 (1 ) of the present Article. 



(3) The Chairman of the Tribunal shall, upon nomination, request the Party 

 which has not provided an Arbitrator, to do so in the same manner and under 

 the same conditions. If the Party does not make the required nomination, the 

 Chairman of the Tribunal shall request the Secretary-General of the Organiza- 

 tion to make the nomination in the form and conditions prescribed in the preced- 

 ing paragraph. 



(4) The Chairman of the Tribunal, if nominated under the provisions of the 

 present Article, shall not be or have been a national of one of the Parties con- 

 cerned, except with the consent of the other Party. 



(5) In the case of the decease of default of an Arbitrator for whose nomination 

 one of the Parties is responsible, the said Party shall nominate a replacement 

 within a period of 60 days from the date of decease or default. Should the said 

 Party not make the nomination, the arbitration shall proceed under the remaining 

 Arbitrators. In case of the decease or default of the Chairman of the Tribunal, a 

 replacement shall be nominated in accordance with the provisions of Article 3 

 above, or in the absence of agreement between the members of the Tribunal with- 

 in a period of 60 days of the decease or default, according to the provisions of the 

 present Article. 



Article 5 



The Tribunal may hear and determine counter-claims arising directly out of 

 the subject matter of the dispute. 



Article 6 



Unless the Tribunal determines otherwise because of the particular circum- 

 stances of the case, the expenses of the Tribunal including the remuneration of its 

 members shall be borne in equal shares by each side.*^ 



^ It is emphasized that the "Annexes" suggested for Alternatives I and II of these draft 

 provisions shall have the same status as the other Articles of the Convention and shall 

 not he equated in any way with Annexes as referred to in Article 1 of the Convention. 



*" Some delegations preferred the following text for Article 6 : 



"The arbitration costs including the arbitrators' fees shall be apportioned by the tri- 

 bunal as it deems fit." 



