Document ID: chunk:federal_register_of_legislation:C2004A00699:schedule:1:p18
Version: federal_register_of_legislation:C2004A00699
Segment Type: schedule
Provision Reference: sch 1 (pt 18/20)
Character Range: 85156–87846

with any supporting documents.

    2 The requesting Contracting Party shall inform the Secretary‑General of:

 .1 its request for arbitration; and

         .2 the provisions of this Protocol the interpretation or application of which is, in its opinion, the subject of disagreement.

    3 The Secretary‑General shall transmit this information to all Contracting States.

Article 2

    1 The Tribunal shall consist of a single arbitrator if so agreed between the parties to the dispute within 30 days from the date of receipt of the request for arbitration.

    2 In the case of the death, disability or default of the arbitrator, the parties to a dispute may agree upon a replacement within 30 days of such death, disability or default.

Article 3

    1 Where the parties to a dispute do not agree upon a Tribunal in accordance with article 2 of this Annex, the Tribunal shall consist of three members:

          .1 one arbitrator nominated by each party to the dispute; and

         .2 a third arbitrator who shall be nominated by agreement between the two first named and who shall act as its Chairman.

    2 If the Chairman of a Tribunal is not nominated within 30 days of nomination of the second arbitrator, the parties to a dispute shall, upon the request of one party, submit to the Secretary‑General within a further period of 30 days an agreed list of qualified persons. The Secretary‑General shall select the Chairman from such list as soon as possible. He shall not select a Chairman who is or has been a national of one party to the dispute except with the consent of the other party to the dispute.

    3 If one party to a dispute fails to nominate an arbitrator as provided in paragraph 1.1 within 60 days from the date of receipt of the request for arbitration, the other party may request the submission to the Secretary‑General within a period of 30 days of an agreed list of qualified persons. The Secretary‑General shall select the Chairman of the Tribunal from such list as soon as possible. The Chairman shall then request the party which has not nominated an arbitrator to do so. If this party does not nominate an arbitrator within 15 days of such request, the Secretary‑General shall, upon request of the Chairman, nominate the arbitrator from the agreed list of qualified persons.

    4 In the case of the death, disability or default of an arbitrator, the party to the dispute who nominated him shall nominate a replacement within 30 days of such death, disability or default. If the party does not nominate a replacement, the arbitration shall proceed with the remaining arbitrators. In the case of the death, disability or default of the Chairman, a