Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698074967998.pdf (Guyana)
CJ.1SP,lJi/1E:S ·Se'ffifiLteM!Sff·.J'T J PROTOCOL IX: PROTOCOL AMENDING THE TREATY ESTAl3USHING THE CARIBBEAN COMMUNITY� DISPUTES SETTLEMENT PREAMBLE The States Parties to the Treaty Establishing the Caribbean Community (hereinafter referred to as the "Member States"): Affirming that the employment of internationally accepted modes of disputes facilitate settlement achievement in the CAR/COM Single Market and Economy (CSME) will of the objectives of the Treaty; Convinced that an efficient, in the Caribbean transparent, Community and authoritative system (hereinafter will enhance the economic, social called Uthe and other forms of activity in the investment climate and further growth of disputes settlement Community'; CSME leading development to confidence in the CSME; in the and particularly respecting Bearing in mind the international of Member States those set out in Article 33 of the Charter of the United Nations the peaceful obligations of disputes; settlement Determined to promote the peaceful, expeditious and effective settlement recourse of disputes in the Community and, in particular, to the internationally accepted modes of disputes in the CSME by settlement; Recognising of Justice Market and Economy, is essential that the original for the successful (CSME); Jurisdiction of the Caribbean of the CAR/COM Single Court operation Have agreed as follows: ARTICLE I Use of Terms 1.
In this Protocol, unless the context otherwise requires: "Agreement" Court of Justice; means the Agreement Estat/ishing the Caribbean "Community" Economy to be established replacing amending or the Caribbean Common Market Annex to the Treaty; the CAR/COM Single Market and by the Protocols includes "Conference" of the Community; means the Conference of Heads of Government "consultations" X and XI; Articles means consultations within the meaning of 2 "Contracting Party" means a party to the Agreement; for Trade and Economic "Council means the Organ of the Community Protocol I include the the Rules of Procedure Development so named in Article 6 of and for the purpose of this Protocol shall be deemed to to Rule 34 of established of the COTED; Committee pursuant Interim (COTED)" "Court" means the Caribbean Agreement; Court of Justice established by the "dispute" means a dispute within the meaning of Article IV; "President" means the President of the Court; "Secretary-General" Community; means the Secretary-General of the "Treaty" means the Treaty Establishing signed at Chaguaramas Community and includes provisionally any amendments or definitively (hereinafter referred the_reto on the 4th day of July 1973, which take effect either the Caribbean to as "the Treaty").
2.

In this Protocol.

where there is a requirement for notification to be given, such notification shali be in writing.

PART ONE ·GENERAL PROVISIONS ARTICLE II Amendment The provisions of this Protocol shall replace Chapters Common Market Annex to the Treaty and take effect One and as Two of the Caribbean provided.

hereinafter Replace Article ARTICLE Ill I of the Caribbean Common Market Annex with the following: Article 1 General Obligation to Settle Disputes 1.
Member States shall settle disputes in good faith and in accordance with the relevant provisions of this Protocol.

2.

In discharging their obligation set out in paragraph that the settlement 1, Member of any dispute States shall seek to ensure as far as possible affect would not adversely the interest of any other Member State.
3 ARTICLE IV Replace Article 2 of the Caribbean Common Market Annex with the following: Article 2 Scope of the Protocol disputes concerning The provisions of this Protocol the interpretation and application of the Treaty, of including: shall apply to the settlement (a) allegations that an actual measure of another Member State is, or would be, inconsistent objectives of the Community; or proposed with the of injury, (b) allegations be suffered, nullification expected from the establishment CAR/COM Single Market and Economy (CSME); prejudice suffered or impairment or likely of benefits of the and operation serious to (c) allegations acted ultra vires; or that an organ or body of the Community has (d) allegations that the purpose or object of the Treaty is being frustrated or prejudiced.
ARTICLE V Replace Common Article 3 of the Caribbean Market Annex with the following: Article 3 Modes of Dispute Settlement 1.

Subject to the provisions of the Treaty, only by recourse to any one of the following the disputes mentioned modes for in namely, good offices, mediation, consultations, Article IV shall be settled the settlement of disputes, conciliation, arbitration and adjudication.

2.

Where a dispute of the modes referred to in paragraph party may have recourse either to another mode.
has not been settled following the adoption of one 1 other than arbitration or adjudication, 3.

Subject or adjudication, to good offices, mediation in ·order or conciliation to the procedural the parties may agree, pending in respect a settlement, of arbitration to have recourse to arrive at a settlement.

rules applicable 4.
rules applicable 4.

Without prejudice and compulsory of jurisdiction to the exclusive of the and application the Court in the interpretation the parties may use any of the voluntary for in this Article in the settlement of a dispute.
modes of dispute Treaty under Article XXV/11, provided settlement 4 Replace Article ARTICLE VI 5 of the Caribbean Common with the following: Market Annex Expeditious of Disputes Article 5 Settlement proceed expeditiously to an exchange Where a dispute arises between Member States, of views for the purpose the parties shall on: of agreeing (a) a mode of settlement and where an agreed mode has been terminated, to another mode of settlement; or (b) a mutually satisfactory method of implementation where a settlement require has been reached and the circumstances consultation regarding its implementation.
ARTICLE VII Replace Article 6 of the Caribbean Common Market Annex with the following: · Article 6 Notification Settlement of Existence and of Disputes 1.

Member States parties to a dispute shall notify the Secr;etary- General of: (a) the existence (b) any mode of dispute and nature of the dispute; settlement and agreed upon or initiated.

2.

Where a settlement the Secretary-General is reached of the settlement the Member States concerned shall and the mode used in arriving at notify the settlement.

3.
3.

The Secretary-General shall, as soon as practicable after receiving to paragraphs pursuant the information the information received.

1 and 2, notify other Member States of PART TWO GOOD OFFICES.

MEDIATION AND CONSULTATIONS ARTICLE VIII Insert new Article to read as follows: Article 6(a) Good Offices 1.

Member States including offices of a third party, dispute.

parties to a dispute may agree to employ the good those of the Secretary-General, to settle the 5 2.
Good offices may begin or be terminated at any time.

Subject during the course of arbitration to the applicable or adjudication.

rules, good offices may continue ARTICLE IX Insert new Article to read as follows: 6{b) Article Mediation 1.

Where Member States parties to a dispute by recourse the Secretary-General to appoint the may agree on a mediator or may in to mediation, a mediator the parties agree to settle from the list mentioned dispute request Article XIII.

2.
2.

Mediation may begin or be terminated at.any mediation may continue during the course of arbitration time.

Subject to the or applicable adjudicatjon.

rules, 3.

Proceedings involving during the proceedings, shall be confidential and, in particular, and without taken prejudice to positions mediation by parties the rights of the parties in any further proceedings.

ARTICLE X Insert new Article to read as follows: Obligation Article to Enter Consultations 6(c) 1.
A Member State shall enter into consultations Member State where the requesting Member State alleges upon the request of another taken by the requested from or under the provisions of the Treaty.

Member State constitutes that an action arising a breach of obligations ' 2.

Where a request for consultations is made pursuant to paragraph 1, the requested receipt of the request or a mutually agreed period.

Member State shall enter into consultations within 14 days of the 3.
Where: (a) consultations 2; or referred to in paragraph have not been entered into within the period (b) the consultations fail to settle the dispute 45 days of or the dates for consultations within the receipt mutually agreed, of the request the requesting including binding third party settlement.

Member State may resort to any mode of dispute settlement 4.

Requests for consultations shall be in writing.

shall The request the measure at issue and the state the reasons legal basis for the complaint.
for the consultations and identify 6 5.

The Secretary-General shall be notified of any request for consultations.

6.

Consultations shall be confidential of Member States in any further proceedings.

prejudice before resorting to Member States shall employ their best and without However, proceedings, endeavours to the rights to further settle.

the dispute.

7.
the dispute.

7.

In cases of urgency including the requested receipt requesting of the request, and where such consultations Member State may resort to binding those concerning perishable goods, 3 days of the are not entered into, the third party settlement.

Member State shall enter into consultations within 8.

Where consultations under paragraph 7 fail to setlle the dispute within 7 days of the receipt Member State of the request to binding may resort third party settlement.
for such consultations, the requesting interest such Member State may notify that it has a legitimate Member 9.
Whenever a Member State, other than the consulting being held in consultations considers Member the consulting States, 'pursuant to this Article, States and the Secretary-General, of the request Such Member State shall be joined in the consultations, requested f ounded and based on similar Member States concerned be joined in the consultations consultations request thqt the interest is well­ In that event, the to the Secretary-General.
Member State may Member State agrees that the claim of legitimate facts and circumstances.

for consultations, under paragraph 1 of this Article.

is not granted, the applicant shall notify If the request provided within 1 O days after the date of the circulation of its desire to be joined in the consultations.
ARTICLE XI new Article Insert to read as follows: Obligations Article 6{d) of Consulting Parties dispute settlement Where Member States parties by consultations, they shall endeavour through of the dispute to a dispute to arrive the consultations, and to this end shall: agree to settle the at a mutually satisfactory (a) provide sufficient information to enable a full examination of how the action complained arising obligations Treaty referred a breach of from or under the provisions of constitutes of the X; and to in Article (b) treat any confidential or proprietary in the course of consultations treated by the Member State providing information on the same basis as it is exchanged the information.
7 PART THREE : CONG/LIA TJON Replace Article ARTICLE XII 7 of the Caribbean Common Market Annex with the following: Initiation Article 7 of Conciliation Proceedings Where Member States parties to a dispute have agreed to submit the dispute proceedings to conciliation by notification under this Part, any such Member State may institute addressed to the other party or parties to the dispute.
ARTICLE XIII Replace Article 8 of the Caribbean Common Market Annex with the following: 8 Establishment Article of a List of Conciliators 1.

A List of Conciliators shall be established and maintained to nominate two for by the competence and integrity.

Every Member State shall be entitled each of whom shall be a person enjoying the List.

If at any time the number of conciliators the highest reputation The names of the persons so nominated Secretary-General.
conciliators, fairness, shall constitute a Member State is less than two, the Member State concerned shall be entitled to make such nominations remain on the List until withdrawn by nomination mediation such Commission has been appointed or conciliation commission, the conciliator of the relevant the Member State which made the to serve on any to serve on shall continue proceedings.

The name of a conciliator and where a conciliator until the completion as are necessary.

nominated shall by 2.


The term of a conciliator, including that of a conciliator appointed to fill a vacancy, shall be five (5) years and may be renewed.
Replace Article ARTICLE XIV 9 of the Caribbean Common Market Annex with the following: Article 9 Constitution of Conciliation Commission A conciliation commission shall be constituted from time to time as follows: (a) Subject commission to the provisions shall consist of three members; of this Article, a conciliation 8 (b) otherwise shall appoint Unless the parties the proceedings from the List mentioned appointed appointment.
the notification may be a national Such an appointment mentioned XII; in Article agree, the party instituting one conciliator to be chosen XIII.

The conciliator in Article of the party making the in shall be included (c) The other party to the dispute shall appoint a conciliator in (b) within ten days XII.
If the is not made within that period, the manner set forth in sub-paragraph of the notification ref erred to in Article appointment instituting expiration by notification Secretary-Gen (e); with sub-paragraph the proceedings either of that period, to the other party or request addressed eral to make the appointment may, within one week of the terminate the party the in accordance the proceedings (d) Within ten days after both conciliators have been they shall appoint appointed, from the List referred to in Article the Chairman.
period either of that period, appointment party may, within the week of the expiration request the Secretary-General in accordance with sub-paragraph to make the (e); a third conciliator chosen XIII, and who shall be that is not made within If the appointment (e)Within ten days of the receipt (c) and (d}, the Secretary-General of a request under sub­ shalf make from the List ref erred to in appointments paragraphs the necessary Article XIII in consultation with the parties to the dispute; (f) Any vacancy on a conciliation commission shall be filled in the manner prescribed for the initial appointment; (g) Two or more Member States parties to the dispute which determine shall appoint that they are of jointly; one conciliator by agreement the same interest (h) In disputes involving more than two parties having or where there separate interests, whether they are of the same apply sub-paragraphs possible.
interest, (a) to (f) in so far as may be is disagreement the parties as to shall ARTICLE XV Insert new Article to read as follows: Article 9(a) Amicable Settlement A conciliation commission may draw to the attention of the an any measures which might facilitate Member States parties to the dispute amicable of the dispute.
settlement g ARTICLE XVI Insert new Article to read as follows: Article 9(b) Functions of Conciliation Commission A conciliation commission examine their claims and objections, shall hear the Member States parties and make proposals to the to the dispute, parties with a view to reaching an amicable settlement.

ARTICLE XVII Insert new Article to read as follows: Article 9(c) Procedure 1.
A conciliation otherwise commission shall, agree, determine to the dispute commission Member State to submit its views to the commission, report and recommendations procedural shall be made by a majority matters orally or in writing.

A conciliation invite any The regarding may, with the consent of the parties to the dispute, and decisions of the commission unless the Member States parties its own procedure.

vote of its members.

2.


The Member States parties to the dispute solely to that dispute, modify the procedure may, by agreement referred to in paragraph applicable 1.

ARTICLE XVIII Insert new Article to read as follows: Article 9(d) Report 1.

A conciliation constitution.

agreement, in dispute appropriate commission Its report shall record any agreements on all questions and such recommendations settlement.
its conclusions for an amicable of fact or law relevant as a conciliation commission to the matter may deem shall report within three months of its reached and, failing 2.

The conclusions or recommendations of a conciliation commission shall not be binding upon the parties.
ARTICLE XIX Insert new Article to read as follows: Article 9(e) Termination The conciliation proceedings when a settlement party has rejected to the Secretary-General, date of transmission has been reached, the recommendations of the report to the parties.
when the parties shall be deemed to be terminated have accepted of the report by notification or one addressed or when a period of one month has expired from the 10 ARTICLE XX Insert new Article to read as follows: 9(f) Article Fees and Expenses borne by the Member States parties to the dispute.
The fees and expenses of a conciliation commission shall be I PART FOUR : ARBITRATION ARTICLE XXI Replace Article 10 of the Caribbean Common Market Annex with the following: Article 10 Arbitration A Member Stale party to a dispute Tribunal refer the matter to an Arbitral may, with the consent of the constituted with in accordance other party, the provisions of this Part.

ARTICLE XX/I new Article Insert to read as follows: Constitution Article 10(a) of the List of Arbitrators 1.
For the purposes XX/, the Secretary-General of constituting the Arbitra/ Tribunal shall establish and maintain referred a List of to in Article Arbitrators reliability comprising and sound judgment and who shall: persons chosen strictly on the basis of impartiality, (a) have expertise or experience in law, international other matters covered disputes arising under international trade agreements, by the Treaty, or the settlement trade, of (b) be independent of, and not be affiliated with or take instructions from any Member State; and (c) comply with the Code of Judicial Conduct governing the behaviour of iudges of /he Court; 2.
The term of an arbitrator, including Iha/ of any arbi/ratornominated to fill a vacancy, shall be five years and may be renewed.

ARTICLE XX/II Insert new Article tc read as follows: 11 Article 10{b) Constitution of Arbitral Tribunal 1.

Each of the Member States parties to a dispute from the List.

The two arbitrators fifteen days following one arbitrator the decision chosen by the parties to refer the matter to shall be entitled within to appoint shall be appointed arbitration.
appointments, As far as practicable, to the dispute.

shall, The two arbitrators a third arbitrator the arbitrators appoint within fifteen days following from the List who shall be the date of their the Chairman.

of any of the parties shall not be nationals 2.

Where either party to the dispute fails to appoint under paragraph days.

Where the arbitrators the Secretary-General 1, the Secretary-General a Chairman a Chairman within fail to appoint shall appoint shall appoint ten days.
its arbitrator ten within the arbitrator the time prescribed, within 3.. Where more than two Member States parties concerned shall agree among themselves appointed matter to arbitration appointment appoint a third arbitrator and the two arbitrators from the List within fifteen days following are parties to a dispute, on the two arbitrators to be the the decision shall within fifteen days of their to refer the from the List who shall be the Chairman.

4.
4.

Where no agreement is reached under paragraph three, the Secretary-General arbitrators General fail to appoint shall make the appointment a Chairman within within the time prescribed the ten days.

Secretary­ shall make the appointment within ten days and where the 5.

Notwithstanding paragraphs 1, 2, 3 and 4, Member States parties to a dispute General appointing Party to the dispute.
may refer the ma'tter to arbitration and consent to the Secretary­ a sole arbitrator from the list who shall not be a national of a ARTICLE XXIV Insert new Article to read as follows: Article 1.0(c) Rules of Procedure of Arbitral Tribunal 1.

Subject shall establish to the relevant provisions its own rules of procedure.

Tribunal of this Protocol, the Arbitral 2.


The procedures shall assure a right to at least one hearing as well as the opportunity to provide initial before and rebuttal the Arbitral written Tribunal submissions.

3.

The Arbitral Tribunal's hearings, to and communications deliberations with the Arbitral and initial report, Tribunal, and all written submissions shall be confidential.

4.

The Arbitral Tribunal may invite any Member State to submit views orally or in writing.
12 5 The award of the Arbitral Tribunal and shall state the reasons on which it is based.

shall be confined matter of the dispute to the subject- 6.

Where the parties cannot agree on the interpretation within thirty days of the award.

The term of the Arbitral party may apply lo the Arbilral of the award, either implementation a ruling come to an end unless an application for such reasonable case it shall continue be required to make the ruling.
for a ruling lime, not exceeding has been received, thirty days, as may in which or for Tribunal shall Tribunal 7.

Decisions of the Arbitral Tribunal shall be taken by a majority on the Member States parties to the vote of its members and shall be final and dispute.

binding ARTICLEXXV Insert new Article to read as follows: Article 10(d) Third Party Intervention A Member Stale which is not a party lo a dispute, to the parties to a dispute a notification entitled a dispute Arbitral Tribunal.
to attend all hearings and to receive and may be permitted on delivery of shall be and to the Secretary-General, to submissions of to the submissions written to make oral or written the parties ARTICLE XXVI Insert new Article to read as follows: .
Article 10(e) Additional Information from Experts Where proceedings have commenced, the Arbilral Tribunal may, or on the request of a party to the dispute, seek information advice from any expert or body that it considers appropriate, so agree and subject to such terms and on its own initiative and technical provided conditions that the parties as the parties to the dispute may agree.

ARTICLE XXV/1 Insert new Article to read as follows: Article 1 O(f) Expenses of Arbitral Tribunal 1.
The expenses of the Arbitral Tribunal, including the fees and subsistence a dispute, unless the Arbi/ral otherwise determines.

allowances of arbitrators and experts engaged for the purposes of shall be borne equally Tribunal.

by the Member States parties taking into account the circumstances to the dispute of the case, 13 2.

Where a third party intervenes in the proceedings, the party shall bear the costs associated with the intervention.
PART FIVE ·JUDICIAL SETTLEMENT ARTICLE XXVIII Replace Article II of the Caribbean Common Market Annex with the following: Article 11 Jurisdiction of the Court The Court shall have compulsory concerning disputes the interpretation and application and exclusive jurisdiction to hear of the and determine Treaty.

ARTICLE XXIX Insert new Article to read as follows: Jurisdiction 12 of the Court in Contentious Article Proceedings · 1.
Subject to the Treaty, the Court shall have exclusive jurisdiction to hear and deliver judgment on: (a) disputes between Member States parties to the Agreement; (b) disputes between Member States parties to the Agreement and the Community; (c).. referrals from national courts of Member States parties to the Agreement; (d) applications concerning by persons the interpretation and application of the Treaty.

in accordance with Article XL/, 2.

For the purpose Supreme Court.


Caribbean of this Part, "national courts" includes the Eastern ARTICLEXXX Insert new Article to read as follows: Article 12(a) Advisory Opinions of the Court 1.

The Court shall have exclusive jurisdiction to deliver advisory opinions concerning the interpretation and application of the Treaty.

2.

Advisory opinions shall be delivered only at the request of Member States parties to a dispute or the Community.
14 ARTICLE XXXI Replace Article Common Market Annex with the following: 12 of the Caribbean Article 12(b) Institution of Proceedings with the Rules of Court (Original Any party to a dispute may institute Jurisdiction).
proceedings in accordance ARTICLE XXX/1 Insert new Article to read as follows: Article 12(c) Referral to the Court Where a national court or tribunal of a Member State is seised of an issue whose resolution application a decision question of the Treaty, on the question involves the court or tribunal concerned or a question concerning the that if it considers interpretation is necessary judgment, refer the shall, to enable it to deliver before delivering to the Court for determination judgment.
ARTICLE XXX/11 Insert new Article to read as follows: Article 12(d) Compliance with Judgments of the Court Member States, Organs, Bodies of the Community or persons to whom a judgment of the Court applies, shall comply with that judgment promptly.

ARTICLE XXXIV new Article Insert to read as follows: Establishment for the Original Article 12(e) of a Division Jurisdiction of the Court Agreement, may exercise the original The Division established under Part II, Article of the Court.
jurisdiction IX(e) of the ARTICLE XX.XV Insert new Article to read as follows: Article 12(() Compulsory Jurisdiction of the Court 1.

Member States agree that they recognise special agreement, the original jurisdiction as compulsory, of the Court provided ipso facto and without for in Article XXV/11.

15 2.

In the event of a dispute as to whether the Court has jurisdiction, the matter shall be determined by decision of the Court.
ARTICLE XXXVI Insert new Article to read as follows: Article 12(g) Law to be Applied bv the Court in the Exercise of its Original Jurisdiction 1.

The Court, in exercising shall apply such rules of international its original law as may be applicable.

jurisdiction under Article XXV/1 I, 2.

The Court may not bring in a finding of non liquet on the ground of silence or obscurity of the law.

3.
3.

The provisions of paragraphs 1 and 2 shall not prejudice the power of the Court to decide a dispute ex aequo et bona if the parties so agree.

ARTICLE XXXV/1 Insert new Article to read as follows: Article 12(h) Application for Interim Measures circumstances preserve the rights The Court shall have the power to indicate, so require.

the any interim measures that ought to be taken to party.
if it considers of either ARTICLE XXXV/11 Insert new Article to read as follows: Revision of Judgments of the Court in the Article 12(i) Exercise of its Original Jurisdiction 1.
An application for the revision of a judgment of the Court in the of its original of some fact "of such a nature as to be a decisive jurisdiction may be made only when it is based upon the which fact was given, unknown to the Court and to the party factor, exercise discovery was, when the judgment claiming negligen revision: provided ce on the part of the applicant.

always that such ignorance was not due to 2.


Proceedings for a revision recording the existence as to lay the case open to revision, shall be opened by a judgment of the of the new fact, recognising and declaring that it has the application Court expressly such a character admissible on this ground.

3.

The Court may require previous compliance with the terms of the judgment before it admits proceedings in revision.

4.
4.

The application for revision must be made within six months of the discovery of the new fact.

16 5.

No application for revision may be made after the lapse of five years from the date of the judgment.

ARTICLE XXXIX Insert new Article to read as follows: Rules of Court Governing Original Jurisdiction 12U) Article accorda11ce original jurisdiction of the Court.
with Article IX(k) of the Agreement The Rules of Court established of the Court in by the President of the shall apply in the exercise Insert new to read as follows: ARTICLE XL Article Judgment of the Court to Constitute Stare Decisis Article 12(k) Judgments in proceedings of the Court shall constitute legally precedents have been before the Coun unless such judgments binding for patties revised in accordance with Anicle XXXV/11.
ARTICLE XU Insert new Article to read as follows: Article 12(/) Locus Standi of Private Entities Persons, natural or juridical, of a Contracting leave of the Cowt, be allowed to appear as parties Patty may, with the before in proceedi11gs special the Cowt w/Jere: (a) the Court has determined Treaty intended under the Treaty on a Contracting benefit of such persons directly; that a right or benefit conferred case that the by or Party shall enure to the in any patticular and (b) the persons concerned persons of the right or benefit and this Article; have been prejudiced mentioned have established that such of the enjoyment in sub-paragraph in respect (a) of (c) the Contracting Party entitled to espouse the claim in proceedings before the Court has: (i) omitted or declined to espouse the claim, or (ti) expressly may agreed that the persons concerned Party of the Contracting espouse the claim instead so entitled; and 17 (d) the Court has found that the interest of Justice requires that the persons be allowed to espouse the claim.
ARTICLE XL/I 4 of the Caribbean Replace Article Common Market Annex with the following: Article 12(m) Alterna.tive Disputes Settlement 1.

Member States shall, and facilitate settlement nationals· for the settlement of private as well as among Community commercial nationals to the maximum extent and other modes of alternative disputes possible, disputes among Community of third States.

and nationals encourage the use of arbitration 2.


To this end each Member State shall provide of agreements in its legislation appropriate and awards in such disputes.

to arbitrate to ensure observance of arbitral procedures for the recognition and enforcement 3.

A Member State which has implemented the 1958 United Nations on the Recognition Convention the Arbitration Law shall be deemed to be in compliance this Article.
Rules of the United Nations and Enforcement of Foreign Arbitral Awards or Commission with the provisions on International Trade 2 of of paragraph ARTICLE XL/II Insert new Article to read as follows: Article 12(n) General Undertaking complete participation Member States undertake the constitutional and legislative to employ their best endeavours for their procedures required to in the regime establishing the Court as soon as possible.
ARTICLE XLIV Insert new Article to read as follows: Article 12(0) Provisional Application 1. .

A Member State may, upon the signing later date before it enters into force, declare its intention of this Protocol or at any to apply it provisionally.

18 2.; Upon such declaration shall be applied provisionally by all Member States, pending its entry of this the provisions into force in accordance Protocol with Article XL VIII.
ARTICLE XLV Signature This Protocol shall be open for signature by the Member States on the day of 2000.

ARTICLE XL VI Ratification This Protocol shall be subject lo ratification constitutional with their respective accordance ratification copies to the Government of each Member State.

shall be deposited with the Secretariat procedures.

which shall transmit Instruments of certified by signatory States in ARTICLE XL VII Accession Any Member Stale other than a signatory Slate may accede to this Protocol.
Instrument An Instrument is deposited of Accession with the Secretariat of the Community.

shall take effect on the date on which the ARTICLE XLV/11 Entry Into Force This Protocol shall enter into force one month after the dale on which the last Instrument of Ratific,ation is deposited with the Secretariat.

IN WITNESS WHEREOF the undersigned in that duly authorised behalf by their respective Governments have executed this Protocol.

DONE at _____________ on the ______ day of ___ ____ 2000.
Signed by /i for the Gov::::) ;;Antigua and Barbuda on the 14-. dayof q-(l D--\, CP-- 2000at Ao.._<,;.��.

-fk' � � � Signed by 2000 at 19 Signed by for the Government of Belize on the Day of 2000 at Signed by ffL j{, for the Government of ;�� day of QYZ.

()I\._� 2000 at ff.

� � � .

...fie" of Dominica on the / 'f: wealth _ Signed by --,br� �� � for the Gdern�f Grenada on the /4-day of Q;{l� 2000at �9 ,���� Signed by for the Government of Jamaica on the 14-�day of � O\.. c.9'.

2000 at � C2J:;'.
2000 at � C2J:;'.

/� � � I 20 Signedby /�·:;< P, __..� for the Government of Saint Lucia on the / � 2000at � � �- � , �� Signed by ay of CW/.� · of St. Vincent and the Grenadines 2000 at {;-a_s;... � ':)f;.

� o...J-.
� (Y] , on the [ 4- I Signed by for the Government of The Republic of Suriname on the day of 2000 at Signed by �_/-�J for the Govern,,,.-.�r The Republic of Trinidad and Tobago on the { 4- -ik' day of qfl_� 2000 � �s� �� DECLARATION declare their intention to apply provisionally the provisions The representatives of the undermentioned Governments of Protocol IX: hereby Signed by for the Government of Antigua and Barbuda on the day of 2000 at Signed by for the Government of Barbados on the day of 2000 at 21 Signed by for the Government of Belize on the day of 2000 at Signed by for the Government of The Commonwealth of Dominica on the day of 2000 at Signed b.y for the Government of Grenada on the day of 2000 at Signed by for the Government of The Co-operative Republic of Guyana on the day of 2000 at Signed by for the Government of Jamaica on the day of 2000 at Signed by for the Government of Montserrat on the day of 2000 at Signed by the Government of St. Kitts and Nevis on the day of 2000 at Signed by the Government of Saint Lucia on the day of 2000 at 22 Signed by the Government of St. Vincent and the Grenadines on the day of 2000 at Signed by 1/Je Government of The Republic of Suriname on the day of 2000 at Signed by t/Je Government of The Republic of Trinidad and Tobago on the day of 2000 at