Document ID: chunk:federal_register_of_legislation:C2004A00868:schedule:6:p9
Version: federal_register_of_legislation:C2004A00868
Segment Type: schedule
Provision Reference: sch 6 (pt 9/13)
Character Range: 25012–27792

function, the next most senior Member of the Court who is not disqualified on such a ground shall make the necessary appointments.

    6. The Arbitral Tribunal shall decide all questions relating to its competence and shall, subject to the agreement between the Parties, determine its own procedure. The Arbitral Tribunal shall reach its award by majority vote taking into account the provisions of this Agreement, the international treaties both Parties have concluded and the generally recognised norms and principles of international law. It may render an award on the default of a Party. Any award shall be rendered in writing and shall state its legal basis. An award shall be final and binding on the Parties, if the Parties have not agreed in advance on the procedure of appeal.

    7. Each Party shall bear the costs of its arbitrator. The costs of the Chairman of the Arbitral Tribunal and other expenses associated with the conduct of the arbitration shall be borne in equal parts by both Parties. The Arbitral Tribunal may decide, however, that a higher proportion of costs shall be borne by one of the Parties.

Article 16
Final Provisions

    1. This Agreement shall enter into force from the date of the latter written notification through diplomatic channels on completion by the Parties of domestic procedures necessary for its entry into force.

    2. This Agreement is concluded for a period of ten years. Its effect shall be automatically extended for a subsequent ten‑year period if neither of the Parties notifies the other Party through diplomatic channels of its intention to terminate it twelve months before the expiry of the initial ten‑year period. This Agreement may be terminated by either Party in the period following its automatic extension by twelve months written notice to the other Party through diplomatic channels.

    3. Additional extension of this Agreement shall be the subject of consultations between the Parties, which shall commence no later than twelve months before the expiry of the period of its automatic extension.

    4. This Agreement may be amended and supplemented by the agreement of the Parties in written form.

    5. In the event of the termination of this Agreement, its provisions shall continue to apply to all unfinished activities if the Parties do not agree otherwise. The termination of this Agreement shall not serve as the basis for the revision or termination of obligations of a financial or other contractual nature still in force and shall not affect the rights and obligations of legal and natural persons, which have arisen before its termination.

    6. From the date of the entry into force of this Agreement, the Agreement between the Government of Australia and the Government of the Union of