BWBV0004242
Geldig vanaf 27-03-1972
Artikel XVII
Overeenkomst inzake economische en technische samenwerking tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Democratische Republiek Soedan
1. Disputes concerning the interpretation or application of the present Agreement should, if possible, be settled by the two Contracting Parties. If a dispute cannot thus be settled it shall be submitted, at the request of either 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 an umpire who must not be 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 an umpire, 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 paragraph 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 appointments. If the Vice-President is prevented from discharging the said function or is a national of either party, the Member of the Court next in seniority who is not a national of either party shall make the necessary appointments.
5. The tribunal shall base its decision on the provisions of the present Agreement in conformity with the principles of law. Before giving its decision, the tribunal 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. Each Contracting Party shall bear the costs of its own arbitrator and of its counsel in the arbitral proceedings; the cost of the umpire and the remaining costs shall be borne in equal parts by both Contracting Parties.
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 an umpire, 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 paragraph 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 appointments. If the Vice-President is prevented from discharging the said function or is a national of either party, the Member of the Court next in seniority who is not a national of either party shall make the necessary appointments.
5. The tribunal shall base its decision on the provisions of the present Agreement in conformity with the principles of law. Before giving its decision, the tribunal 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. Each Contracting Party shall bear the costs of its own arbitrator and of its counsel in the arbitral proceedings; the cost of the umpire and the remaining costs shall be borne in equal parts by both Contracting Parties.
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- Art. XVII
- Geldig vanaf
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- BWBV0004242
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- wetten.overheid.nl