Document ID: chunk:federal_register_of_legislation:C2004A00699:schedule:1:p19
Version: federal_register_of_legislation:C2004A00699
Segment Type: schedule
Provision Reference: sch 1 (pt 19/20)
Character Range: 87605–90328

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 replacement shall be nominated in accordance with the provision of paragraphs 1.2 and 2 within 90 days of such death, disability or default.

    5 A list of arbitrators shall be maintained by the Secretary‑General and composed of qualified persons nominated by the Contracting Parties. Each Contracting Party may designate for inclusion in the list four persons who shall not necessarily be its nationals. If the parties to the dispute have failed within the specified time limits to submit to the Secretary‑General an agreed list of qualified persons as provided for in paragraphs 2, 3 and 4, the Secretary‑General shall select from the list maintained by him the arbitrator or arbitrators not yet nominated.

Article 4

    The Tribunal may hear and determine counter‑claims arising directly out of the subject matter of the dispute.

Article 5

    Each party to the dispute shall be responsible for the costs entailed by the preparation of its own case. The remuneration of the members of the Tribunal and of all general expenses incurred by the arbitration shall be borne equally by the parties to the dispute. The Tribunal shall keep a record of all its expenses and shall furnish a final statement thereof to the parties.

Article 6

    Any Contracting Party which has an interest of a legal nature which may be affected by the decision in the case may, after giving written notice to the parties to the dispute which have originally initiated the procedure, intervene in the arbitration procedure with the consent of the Tribunal and at its own expense. Any such intervenor shall have the right to present evidence, briefs and oral argument on the matters giving rise to its intervention, in accordance with procedures established pursuant to article 7 of this Annex, but shall have no rights with respect to the composition of the Tribunal.

Article 7

    A Tribunal established under the provisions of this Annex shall decide its own rules of procedure.

Article 8
    1 Unless a Tribunal consists of a single arbitrator, decisions of the Tribunal as to its procedure, its place of meeting, and any question related to the dispute laid before it, shall be taken by majority vote of its members. However, the absence or abstention of any member of the Tribunal who was nominated by a party to the dispute shall not constitute an impediment to the Tribunal reaching a decision. In case of equal voting, the vote of the Chairman shall be decisive.

    2 The parties