BWBV0005325
Geldig vanaf 01-08-1958
Artikel 31
Overeenkomst nopens Duitse buitenlandse schulden
(1). The composition and organisation of the Mixed Commission provided for in Article 16 of Annex IV to the present Agreement and the rules for the exercise of its jurisdiction are contained in the Charter which is appended hereto as Annex X.
(2). The Mixed Commission shall have jurisdiction in
(a) differences between a creditor and a debtor as to the interpretation of Annex IV to the present Agreement, referred to it either by a creditor and a debtor jointly, or by a creditor or a debtor whose Government states that in its opinion the question at issue is of general importance for the interpretation of the said Annex;
(b) cases referred to it under Article 16 of Annex IV to the present Agreement from a Court of Arbitration established pursuant to Article 17 of that Annex, by a Party to the present Agreement or by the said Court of Arbitration, on the ground that such cases are of fundamental importance to the interpretation of Annex IV, provided that in any case before the said Court of Arbitration which is an appeal under Article 11 of Annex IV, only the question in such case which is of fundamental importance to the interpretation of that Annex shall be referred to the Mixed Commission for decision.
(3). Any Party to the present Agreement which is concerned in the subject-matter of a proceeding before the Mixed Commission shall be entitled to become a party to such proceeding.
(4). The jurisdiction of the Mixed Commission shall not be affected by the failure of any party to a dispute to enter an appearance in the proceeding before the Mixed Commission.
(5). The Mixed Commission shall have power to decide questions as to its jurisdiction under the foregoing provisions of this Article.
(6). Subject to the provisions of paragraph (7) of this Article a decision of the Mixed Commission shall be final and binding
(a) upon the parties to any proceeding before it;
(b) upon any party to a dispute referred to the Mixed Commission under paragraph (2) (a) of this Article;
(c) upon a Party to the present Agreement which submits a case or question for decision under paragraph (2) (b) of this Article;
(d) upon a Court of Arbitration by or from which a question is referred under paragraph (2) (b) of this Article;
(e) if a term of settlement of a debt was the subject of the proceeding, in respect of such term of settlement.
(7). A Party to the present Agreement shall be entitled to appeal from a decision of the Mixed Commission to the Tribunal within thirty days of the date of the delivery of the decision on the ground that such decision concerns a matter of general or fundamental importance. The appeal shall be brought only with respect to any matter in such decision which is asserted by the appellant to be of general or fundamental importance. When the Tribunal has rendered its decision with respect to any such matter the Mixed Commission shall take any action in connexion with the proceeding giving rise to the appeal which may be necessary to give effect to such decision.
(2). The Mixed Commission shall have jurisdiction in
(a) differences between a creditor and a debtor as to the interpretation of Annex IV to the present Agreement, referred to it either by a creditor and a debtor jointly, or by a creditor or a debtor whose Government states that in its opinion the question at issue is of general importance for the interpretation of the said Annex;
(b) cases referred to it under Article 16 of Annex IV to the present Agreement from a Court of Arbitration established pursuant to Article 17 of that Annex, by a Party to the present Agreement or by the said Court of Arbitration, on the ground that such cases are of fundamental importance to the interpretation of Annex IV, provided that in any case before the said Court of Arbitration which is an appeal under Article 11 of Annex IV, only the question in such case which is of fundamental importance to the interpretation of that Annex shall be referred to the Mixed Commission for decision.
(3). Any Party to the present Agreement which is concerned in the subject-matter of a proceeding before the Mixed Commission shall be entitled to become a party to such proceeding.
(4). The jurisdiction of the Mixed Commission shall not be affected by the failure of any party to a dispute to enter an appearance in the proceeding before the Mixed Commission.
(5). The Mixed Commission shall have power to decide questions as to its jurisdiction under the foregoing provisions of this Article.
(6). Subject to the provisions of paragraph (7) of this Article a decision of the Mixed Commission shall be final and binding
(a) upon the parties to any proceeding before it;
(b) upon any party to a dispute referred to the Mixed Commission under paragraph (2) (a) of this Article;
(c) upon a Party to the present Agreement which submits a case or question for decision under paragraph (2) (b) of this Article;
(d) upon a Court of Arbitration by or from which a question is referred under paragraph (2) (b) of this Article;
(e) if a term of settlement of a debt was the subject of the proceeding, in respect of such term of settlement.
(7). A Party to the present Agreement shall be entitled to appeal from a decision of the Mixed Commission to the Tribunal within thirty days of the date of the delivery of the decision on the ground that such decision concerns a matter of general or fundamental importance. The appeal shall be brought only with respect to any matter in such decision which is asserted by the appellant to be of general or fundamental importance. When the Tribunal has rendered its decision with respect to any such matter the Mixed Commission shall take any action in connexion with the proceeding giving rise to the appeal which may be necessary to give effect to such decision.
- Citeren als
- Art. 31
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005325
- Officiële bron
- wetten.overheid.nl