BWBV0006293
Geldig vanaf 06-06-2023
Artikel 153
Algemeen Reglement van de Wereldpostunie
1. If a dispute has to be settled by arbitration between member countries, each member country must advise the other party in writing of the subject of the dispute and inform it, by means of a notice to initiate arbitration, that it wishes to initiate arbitration.
2. If the dispute concerns questions of an operational or technical nature, each member country may ask its designated operator to act in accordance with the procedure provided for in the following paragraphs and delegate such power to its operator. The member country concerned shall be informed of the progress of the proceedings and of the result. The respective member countries or designated operators shall hereafter be referred to as “parties to the arbitration”.
3. The parties to the arbitration shall appoint either one or three arbitrators.
4. Where the parties to the arbitration choose to appoint three arbitrators, each party shall, in accordance with paragraph 2, select a member country or designated operator not directly involved in the dispute, to act as an arbitrator. When several member countries and/or designated operators make common cause, they shall count only as a single party for the purposes of these provisions.
5. Where the parties agree to the appointment of three arbitrators, the third arbitrator shall be jointly agreed upon by the parties and shall not need to be from a member country or designated operator.
6. If the dispute concerns one of the Agreements, the arbitrators may be appointed only from among the member countries that are parties to that Agreement.
7. The parties to the arbitration may jointly agree to appoint a single arbitrator, who shall not need to be from a member country or designated operator.
8. If one or both parties to the arbitration do not, within a period of three months from the date of the notice to initiate arbitration, appoint an arbitrator or arbitrators the International Bureau shall, if so requested, itself call upon the defaulting member country to appoint an arbitrator, or shall itself appoint one automatically. The International Bureau shall not be involved in the deliberations or act as arbitrator unless otherwise mutually requested by the parties. In the latter case, the International Bureau shall serve as an arbitrator on a paid basis and in accordance with the relevant dispute settlement procedures adopted by the Council of Administration.
9. The parties to the arbitration may mutually agree to reconcile the dispute at any time before a ruling is delivered by the arbitrator or arbitrators. Notice of any withdrawal must be submitted in writing to the International Bureau within 10 days of the parties reaching such agreement. Where the parties agree to withdraw from the arbitration process, the arbitrator or arbitrators shall lose their authority to decide the matter.
10. The arbitrator or arbitrators shall be required to make a decision on the dispute based on the facts and evidence before them. All information regarding the dispute must be notified to both parties and the arbitrator or arbitrators.
11. The decision of the arbitrator or arbitrators shall be taken by a majority of votes, and notified to the International Bureau and the parties within six months of the date of the notice to initiate arbitration.
12. The arbitration proceedings shall be confidential, and only a brief description of the dispute and the decision shall be advised in writing to the International Bureau within 10 days of the decision being delivered to the parties.
13. The decision of the arbitrator or arbitrators shall be final and binding on the parties and not subject to appeal.
14. The parties to the arbitration shall implement the decision of the arbitrator or arbitrators without delay. Where a designated operator is delegated power by its member country to initiate and adhere to the arbitration procedure, the member country shall be responsible for ensuring that the designated operator implements the decision of the arbitrator or arbitrators.
2. If the dispute concerns questions of an operational or technical nature, each member country may ask its designated operator to act in accordance with the procedure provided for in the following paragraphs and delegate such power to its operator. The member country concerned shall be informed of the progress of the proceedings and of the result. The respective member countries or designated operators shall hereafter be referred to as “parties to the arbitration”.
3. The parties to the arbitration shall appoint either one or three arbitrators.
4. Where the parties to the arbitration choose to appoint three arbitrators, each party shall, in accordance with paragraph 2, select a member country or designated operator not directly involved in the dispute, to act as an arbitrator. When several member countries and/or designated operators make common cause, they shall count only as a single party for the purposes of these provisions.
5. Where the parties agree to the appointment of three arbitrators, the third arbitrator shall be jointly agreed upon by the parties and shall not need to be from a member country or designated operator.
6. If the dispute concerns one of the Agreements, the arbitrators may be appointed only from among the member countries that are parties to that Agreement.
7. The parties to the arbitration may jointly agree to appoint a single arbitrator, who shall not need to be from a member country or designated operator.
8. If one or both parties to the arbitration do not, within a period of three months from the date of the notice to initiate arbitration, appoint an arbitrator or arbitrators the International Bureau shall, if so requested, itself call upon the defaulting member country to appoint an arbitrator, or shall itself appoint one automatically. The International Bureau shall not be involved in the deliberations or act as arbitrator unless otherwise mutually requested by the parties. In the latter case, the International Bureau shall serve as an arbitrator on a paid basis and in accordance with the relevant dispute settlement procedures adopted by the Council of Administration.
9. The parties to the arbitration may mutually agree to reconcile the dispute at any time before a ruling is delivered by the arbitrator or arbitrators. Notice of any withdrawal must be submitted in writing to the International Bureau within 10 days of the parties reaching such agreement. Where the parties agree to withdraw from the arbitration process, the arbitrator or arbitrators shall lose their authority to decide the matter.
10. The arbitrator or arbitrators shall be required to make a decision on the dispute based on the facts and evidence before them. All information regarding the dispute must be notified to both parties and the arbitrator or arbitrators.
11. The decision of the arbitrator or arbitrators shall be taken by a majority of votes, and notified to the International Bureau and the parties within six months of the date of the notice to initiate arbitration.
12. The arbitration proceedings shall be confidential, and only a brief description of the dispute and the decision shall be advised in writing to the International Bureau within 10 days of the decision being delivered to the parties.
13. The decision of the arbitrator or arbitrators shall be final and binding on the parties and not subject to appeal.
14. The parties to the arbitration shall implement the decision of the arbitrator or arbitrators without delay. Where a designated operator is delegated power by its member country to initiate and adhere to the arbitration procedure, the member country shall be responsible for ensuring that the designated operator implements the decision of the arbitrator or arbitrators.
- Citeren als
- Art. 153
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0006293
- Officiële bron
- wetten.overheid.nl