BWBV0003531
Geldig vanaf 03-03-1973
Artikel XII
Overeenkomst inzake economische samenwerking tussen de Regering van het Koninkrijk der Nederlanden en de Regering van het Koninkrijk Thailand
(1). Any dispute between the Contracting Parties concerning the interpretation or application of the present Agreement which is not settled in any other way, shall be submitted, at the request of any Party to the dispute, to an arbitral tribunal composed of three members. Each Party shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator who is not a national of either Party.
(2). If one of the Parties 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 arbitrator shall be appointed, at the request of the latter Party, by the President of the International Court of Justice.
(3). If the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, the latter shall be appointed, at the request of either Party, by the President of the International Court of Justice.
(4). If, in the cases provided for in the second and third 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 Party, the Vice-president shall make the necessary appointment. If the Vice-President is prevented from discharging the said function or is a national of either Party, the member of the Court who is next in seniority and is not a national of either Party shall make the necessary appointment.
(5). The tribunal shall base its decision on the provisions of the present Agreement in conformity with the principles of law. Before the tribunal gives its decision, 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 arbitral tribunal to decide the dispute ex aequo et bono if the Parties so agree.
(6). Unless the Parties decide otherwise, the tribunal shall determine its own procedure.
(7). The tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Parties to the dispute.
(2). If one of the Parties 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 arbitrator shall be appointed, at the request of the latter Party, by the President of the International Court of Justice.
(3). If the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, the latter shall be appointed, at the request of either Party, by the President of the International Court of Justice.
(4). If, in the cases provided for in the second and third 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 Party, the Vice-president shall make the necessary appointment. If the Vice-President is prevented from discharging the said function or is a national of either Party, the member of the Court who is next in seniority and is not a national of either Party shall make the necessary appointment.
(5). The tribunal shall base its decision on the provisions of the present Agreement in conformity with the principles of law. Before the tribunal gives its decision, 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 arbitral tribunal to decide the dispute ex aequo et bono if the Parties so agree.
(6). Unless the Parties decide otherwise, the tribunal shall determine its own procedure.
(7). The tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Parties to the dispute.
- Citeren als
- Art. XII
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0003531
- Officiële bron
- wetten.overheid.nl