prop · GH0323 · 1994-01-01 00:00:00 — The constitution of a Conciliation Commission may also be requested by agreement between two or more States parties or between one or more States parties and one or more other CSCE participating States. The agreement shall be notified to the Registrar.f1003Article 21f1004Constitution of the Conciliation Commission 1. Each party to the dispute shall appoint, from the list of conciliators established in accordance with Article 3, one conciliator to sit on the Commission. When more than two States are parties to the same dispute, the States asserting the same interest may agree to appoint one single conciliator. If they do not so agree, each of the two sides to the dispute shall appoint the same number of conciliators up to a maximum decided by the . which is a party to a dispute submitted to a Conciliation Commission and which is not a party to this Convention, may appoint a person to sit on the Commission, either from the list of conciliators established in accordance with Article 3, or from among other persons who are nationals of a CSCE participating State. In this event, for the purpose of examining the dispute, such persons shall have the same rights and the same obligations as the other members of the Commission. They shall perform their functions in full independence and shall make the declaration required by Article 5 before taking their seats on the Commission. As soon as the application or the agreement whereby the parties to a dispute have requested the constitution of a Conciliation Commission is received, the President of the Court shall consult the parties to the dispute as to the composition of the rest of the Commission. shall appoint three further conciliators to sit on the Commission. This number can be increased or decreased by the , provided it is uneven. Members of the and their alternates, who are on the list of conciliators, shall be eligible for appointment to the Commission. The Commission shall elect its Chairman from among the members appointed by the . The Rules of the Court shall stipulate the procedures applicable if an objection is raised to one of the members appointed to sit on the Commission or if that member is unable to or refuses to sit at the commencement or in the course of the proceedings. question as to the application of this article shall be decided by the as a preliminary matter.f1003Article 22f1004Procedure for the Constitution of a Conciliation Commission 1. If the constitution of a Conciliation Commission is requested by means of an application, the application shall state the subject of the dispute, the name of the party or parties against which the application is directed, and the name of the conciliator or conciliators appointed by the requesting party or parties to the dispute. The application shall also briefly indicate the means of settlement previously resorted to. As soon as an application has been received, the Registrar shall notify the other party or parties to the dispute mentioned in the application. Within a period of fifteen days from the notification, the other party or parties to the dispute shall appoint the conciliator or conciliators of their choice to sit on the Commission. If, within this period, one or more parties to the dispute have not appointed the member or members of the Commission whom they are entitled to appoint, the shall appoint the appropriate number of conciliators. Such appointment shall be made from among the conciliators appointed in accordance with Article 3 by the party or each of the parties involved or, if those parties have not yet appointed conciliators, from among the other conciliators not appointed by the other party or parties to the dispute. If the constitution of a Conciliation Commission is requested by means of an agreement, the agreement shall state the subject of the dispute. If there is no agreement, in whole or in part, concerning the subject of the dispute, each party thereto may formulate its own position in respect of such subject. At the same time as the parties request the constitution of a Conciliation Commission by agreement, each party shall notify the Registrar of the name of the conciliator or conciliators whom it has appointed to sit on the Commission.f1003Article 23f1004Conciliation Procedure 1. The conciliation proceedings shall be confidential and all parties to the dispute shall have the right to be heard. Subject to the provisions of Articles 10 and 11 and the Rules of the Court, the Conciliation Commission shall, after consultation with the parties to the dispute, determine the procedure. If the parties to the dispute agree thereon, the Conciliation Commission may invite any State party to this Convention which has an interest in the settlement of the dispute to participate in the proceedings.f1003Article 24f1004Obiective of Conciliation The Conciliation Commission shall assist the parties to the dispute in finding a settlement in accordance with international law and their CSCE commitments.f1003Article 25f1004Result of the Conciliation 1. If, during the proceedings, the parties to the dispute, with the help of the Conciliation Commission, reach a mutually acceptable settlement, they shall record the terms of this settlement in a summary of conclusions signed by their representatives and by the members of the Commission. The signing of the document shall conclude the proceedings. shall be informed through success of the conciliation. When the Conciliation Commission considers that all the aspects of the dispute and all the possibilities of finding a solution have been explored, it shall draw up a final report. The report shall contain the proposals of the Commission for the peaceful settlement of the dispute. The report of the Conciliation Commission shall be notified to the parties to the dispute, which shall have a period of thirty days in which to examine it and inform the Chairman of the Commission whether they are willing to accept the proposed settlement. If a party to the dispute does not accept the proposed settlement, the other party or parties are no longer bound by their own acceptance thereof. If, within the period prescribed in paragraph 3, the parties to the dispute have not accepted the proposed settlement, the report shall be forwarded to the through . A report shall also be drawn up which provides immediate notification to the through where a party fails to appear for conciliation or leaves a procedure after it has begun.f1003CHAPTER IV -- ARBITRATIONf1003Article 26f1004Request for the Constitution of an Arbitral Tribunal 1. A request for arbitration may be made at any time by agreement between two or more States parties to this Convention or between one or more States parties to this Convention and one or more other CSCE participating States. The States parties to this Convention may at any time by a notice addressed to the Depositary declare that they recognize as compulsory, ipso facto and without special agreement, the jurisdiction of an Arbitral Tribunal, subject to reciprocity. Such a declaration may be made for an unlimited period or for a specified time. It may cover all disputes or exclude disputes concerning a State''''s territorial integrity, national defence, title to sovereignty over land territory, or competing claims with regard to jurisdiction over other areas. A request for arbitration against a State party to this Convention which has made the declaration specified in paragraph 2 may be made by means of an application to the Registrar only after a period of thirty days after the report of the Conciliation Commission which has dealt with the dispute has been transmitted to the in accordance with the provisions of Article 25, paragraph 5. When a dispute is submitted to an Arbitral Tribunal in accordance with this article, the Tribunal may, on its own authority or at the request of one or all of the parties to the dispute, indicate interim measures that ought to be taken by the parties to the dispute to avoid an aggravation of the dispute, greater difficulty in reaching a solution, or the possibility of a future award of the Tribunal becoming unenforceable owing to the conduct of one or more of the parties to the dispute.f1003Article 27f1004Cases Brought before an Arbitral Tribunal 1. If a request for arbitration is made by means of an agreement, it shall indicate the subject of the dispute. If there is no agreement, in whole or in part, concerning the subject of the dispute, each party thereto may formulate its own position in respect of such subject. If a request for arbitration is made by means of an application, it shall indicate the subject of the dispute, the States party or parties to this Convention against which it is directed, and the main elements of fact and law on which it is grounded. As soon as the application is received, the Registrar shall notify the other States party or parties mentioned in the application.f1003Article 28f1004Constitution of the Arbitral Tribunal 1. When a request for arbitration is submitted, an Arbitral Tribunal shall be constituted. The arbitrators appointed by the parties to the dispute in accordance with Article 4 are ex officio members of the Tribunal. When more than two States are parties to the same dispute, the States asserting the same interest may agree to appoint one single arbitrator. shall appoint, from among the arbitrators, a number of members to sit on the Tribunal so that the members appointed by the total at least one more than the ex officio members. Members of the and their alternates, who are on the list of arbitrators, shall be eligible for appointment to the Tribunal. If an ex officio member is unable to attend or has previously taken part in any capacity in the hearings of the case arising from the dispute submitted to the Tribunal, that member shall be replaced by his or her alternate. If the alternate is in the same situation, the State involved shall appoint a member to examine the dispute pursuant to the terms and conditions specified in paragraph 5. In the event of a question arising as to the capacity of a member or of his or her alternate to sit on the Tribunal, the matter shall be decided by the . , which is a party to a dispute submitted to an Arbitral Tribunal and which is not party to this Convention, may appoint a person of its choice to sit on the Tribunal, either from the list of arbitrators established in accordance with Article 4 or from among other persons who are nationals of a CSCE participating State. person thus appointed must meet the conditions specified in Article 4, paragraph 2, and for the purpose of examining the dispute, shall have the same rights and obligations as the other members of the Tribunal. The person shall perform his or her functions in full independence and shall make the declaration required by Article 5 before sitting on the Tribunal. The Tribunal shall appoint its Chairman from among the members appointed by the . In the event that one of the members of the Tribunal appointed by the is unable to attend the proceedings, that member shall not be replaced unless the number of members appointed by the falls below the number of ex officio members, or members appointed by the parties to the dispute in accordance with paragraph 5. In this event, one or more new members shall be appointed by the pursuant to paragraphs 3 and 4 of this article. A new Chairman will not be elected if one or more new members are appointed, unless the member unable to attend is the Chairman of the Tribunal.f1003Article 29f1004Arbitration Procedure 1. All the parties to the dispute shall have the right to be heard during the arbitration proceedings, which shall conform to the principles of a fair trial. The proceedings shall consist of a written part and an oral part. The Arbitral Tribunal shall have, in relation to the parties to the dispute, the necessary fact-finding and investigative powers to carry out its tasks. participating State which considers that it has a particular interest of a legal nature likely to be affected by the ruling of the Tribunal may, within fifteen days of the transmission of the notification by the CSCE Secretariat as specified in Article 15, address to the Registrar a request to intervene. This request shall be immediately transmitted to the parties to the dispute and to the Tribunal constituted for the dispute. If the intervening State establishes that it has such an interest, it shall be authorized to participate in the proceedings in so far as may be required for the protection of this interest. The relevant part of the ruling of the Tribunal is binding upon the intervening State. The parties to the dispute have a period of thirty days in which to address their observations regarding the request for intervention to the Tribunal. The Tribunal shall render its decision on the admissibility of the request. The hearings in the Tribunal shall be held in camera, unless the Tribunal decides otherwise at the request of the parties to the dispute. In the event that one or more parties to the dispute fail to appear, the other party or parties thereto may request the Tribunal to decide in favour of its or their claims. Before doing so, the Tribunal must satisfy itself that it is competent and that the claims of the party or parties taking part in the proceedings are well-founded.f1003Article 30f1004Function of the Arbitral Tribunal The function of the Arbitral Tribunal shall be to decide, in accordance with international law, such disputes as are submitted to it. This provision shall not prejudice the power of the Tribunal to decide a case ex aequo et bono, if the parties to the dispute so agree.f1003Article 31f1004Arbitral Award 1. The award of the Arbitral Tribunal shall state the reasons on which it is based. If it does not represent in whole or in part the unanimous opinion of the members of the Arbitral Tribunal, any member shall be entitled to deliver a separate or dissenting opinion. Subject to Article 29, paragraph 4, the award of the Tribunal shall have binding force only between the parties to the dispute and in respect of the case to which it relates. The award shall be final and not subject to appeal. However, the parties to the dispute or one of them may request that the Tribunal interpret its award as to the meaning or scope. Unless the parties to the dispute agree otherwise, such request shall be made at the latest within six months after the communication of the award. After receiving the observations of the parties to the dispute, the Tribunal shall render its interpretation as soon as possible. An application for revision of the award may be made only when it is based upon the discovery of some fact which is of such a nature as to be a decisive factor and which, when the award was rendered, was unknown to the Tribunal and to the party or parties to the dispute claiming revision. The application for revision must be made at the latest within six months of the discovery of the new fact. No application for revision may be made after the lapse of ten years from the date of the award. As far as possible, the examination of a request for interpretation or an application for revision should be carried out by the Tribunal which made the award in question. If the should find this to be impossible, another Tribunal shall be constituted in accordance with the provisions of Article 28.f1003Article 32f1004Publication of the The award shall be published by the Registrar. A certified copy shall be communicated to the parties to the dispute and to the through V -- FINAL PROVISIONSf1003Article 33f1004Signature and Entry into Force 1. This Convention shall be open for signature with the Government of by the CSCE participating States until 31 1993. It shall be subject to ratification. The CSCE participating States which have not signed this Convention may subsequently accede thereto. This Convention shall enter into force two months after the date of deposit of the twelfth instrument of ratification or accession. For every State which ratifies or accedes to this Convention after the deposit of the twelfth instrument of ratification or accession, the Convention shall enter into force two months after its instrument of ratification or accession has been deposited. The Government of serve as depositary of this Convention.f1003Article 34f1004Reservations This Convention may not be the subject of any reservation that it does not expressly authorize.f1003Article 35f1004Amendments 1. Amendments to this Convention must be adopted in accordance with the following paragraphs. Amendments to this Convention may be proposed by any State party thereto, and shall be communicated by the Depositary to the CSCE Secretariat for transmission to the CSCE participating States. If the adopts the proposed text of the amendment, the text shall be forwarded by the Depositary to States parties to this Convention for acceptance in accordance with their respective constitutional requirements. such amendment shall come into force on the thirtieth day after all States parties to this Convention have informed the Depositary of their acceptance thereof.f1003Article 36f1004Denunciation 1. party to this Convention may, at any time, denounce this Convention by means of a notification addressed to the Depositary. Such denunciation shall become effective one year after the date of receipt of the notification by the Depositary. This Convention shall, however, continue to apply for the denouncing party with respect to proceedings which are under way at the time the denunciation enters into force. Such proceedings shall be pursued to their conclusion.f1003Article 37f1004Notifications and Communications The notifications and communications to be made by the Depositary shall be transmitted to the Registrar and to the CSCE Secretariat for further transmission to the CSCE participating States.f1003Article 38f1004Non-Parties In conformity with international law, it is confirmed that nothing in this Convention shall be interpreted to establish any obligations or commitments for CSCE participating States that are not parties to this Convention if not expressly provided for and expressly accepted by such States in writing.f1003Article 39f1004Transitional Provisions 1. The Court shall proceed, within four months of the entry into force of this Convention, to elect the , to adopt its rules and to appoint the Registrar in accordance with the provisions of Articles 7, 9 and 11. The host Government of the Court shall, in co-operation with the Depositary, make the arrangements required. Until a Registrar is appointed, the duties of the Registrar under Article 3, paragraph 5, and Article 4, paragraph 7 shall be performed by the Depositary. Done at , in the English, French, German, Italian, Russian and Spanish languages, all six language versions being equally authentic, on 15th . 3 f1003PROVISIONS FOR A CSCE CONCILIATION COMMISSION The participating States in the Conference on Security and Co-operation in Europe (CSCE) hereby establish a procedure to complement the Procedure for the Peaceful Settlement of Disputes endorsed by the Meeting, by the of a Conciliation Commission (''''''''the Commission'''''''') in accordance with the following provisions.f1003Section I A dispute between two CSCE participating States may be brought before the Commission if the parties to it so agree.f1003Section II A participating State may at any time declare that it will accept, on condition of reciprocity, conciliation by the Commission for disputes between it and other participating States. The declaration may not include conditions which would affect the procedures described in Sections III to XVII below. The declaration will be deposited with the Secretary of the Commission (''''''''the Secretary'''''''') who will transmit copies to all the participating States.f1003Section III 1. Where the parties to a dispute have agreed to bring it before the Commission, the procedure will be invoked by a joint written request by the parties to the Secretary. Where both parties to a dispute have made declarations under Section II which apply to that dispute, the procedure may be invoked by a written request by either party to the other and to the Secretary.f1003Section IV 1. As soon as the Secretary has received a request made in accordance with Section III, the Commission will be constituted in accordance with Section V. 2. question as to the application of Section II with respect to the dispute, and in particular as to reciprocity of the declarations made thereunder, will be decided by the Commission as a preliminary question. For this purpose the parties will proceed directly to the appointment of the conciliators.f1003Section V 1. The parties to the dispute will, within 20 days of the receipt by the Secretary of a written request under Section III, appoint one conciliator from the Register maintained for the purposes of the Procedure for the Peaceful Settlement of Disputes (''''''''the Register''''''''). A party which invokes the procedure in accordance with Section III, paragraph 2, should name its conciliator in its written request. The conciliators will, within 20 days of the date of the second of their own appointments, appoint a third conciliator chosen from the Register, who will act as Chairman of the Commission. He will not be a national of either of the parties or have been nominated by either of them to the Register. If the appointment of the Chairman, or of any of the other conciliators, has not been made within the prescribed period, it will be made within 20 days of the expiry of the relevant period by the Secretary-General of the Permanent Court of Arbitration, after consultations with the parties. vacancies will be filled in the prescribed for the initial appointment.f1003Section VI 1. The Commission will consult the parties on the procedure to be followed in the exercise of its responsibilities as described herein. The Commission will give effect to any agreement between the parties on procedure. In the absence of agreement on any point, the Commission may decide the matter. Decisions and recommendations of the Commission will be made by a majority vote of the members.f1003Section VII The Commission may, with the consent of the parties, invite any participating State to submit its views orally or in writing.f1003Section VIII The parties will refrain throughout the course of the procedure from any action which may aggravate the situation and make more difficult or impede the peaceful settlement of the dispute. In this connection, the Commission may draw the attention of the parties to any measures which it considers might facilitate an amicable settlement.f1003Section IX The Commission will seek to clarify the points in dispute between the parties and endeavour to bring about a resolution of the dispute on mutually agreeable terms.f1003Section X If the Commission considers that to do so will facilitate an amicable settlement of the dispute, it may suggest possible terms of settlement and set a time limit within which the parties should inform the Commission whether they accept such recommendations.f1003Section XI Each party will, within the time limit set under Section X, inform the Secretary and the other party whether or not it accepts the proposed terms of settlement. If both parties have not notified such acceptance within such time limit the Secretary will forward a report from the Commission to . The report will not include the matters referred to in Section XII.f1003Section XII measures recommended under Section VIII, and any information and comments provided to the Commission by the parties in confidence, will remain confidential unless the parties agree otherwise.f1003Section XIII Each party to the dispute will bear its own costs and the costs of the conciliator appointed by it.