Page 73 - StokholmSozlesmesi

STOKHOLM SÖZLEŞMESİ STOCKHOLM CONVENTION

Annex G 2. Each of the parties to the dispute shall appo- Article 4 Article 9
ARBITRATION AND CONCILIATION PROCE- int an arbitrator and the two arbitrators so ap- The arbitral tribunal shall render its decisions in Unless the arbitral tribunal determines otherwi-
pointed shall designate by common agreement
DURES FOR SETTLEMENT OF DISPUTES the third arbitrator, who shall be the President of accordance with the provisions of the Conventi- se because of the particular circumstances of
the tribunal. The President of the tribunal shall on and international law. the case, the costs of the tribunal shall be bor-
(Decision SC-1/2 of the Conference of the Par- not be a national of one of the parties to the dis- ne by the parties to the dispute in equal shares.
ties) Part I: Arbitration procedure pute, nor have his or her usual place of residence The tribunal shall keep a record of all its costs,
in the territory of one of those parties, nor be Article 5 and shall furnish a final statement thereof to the
The arbitration procedure for purposes of parag- employed by any of them, nor have dealt with parties.
raph 2 (a) of Article 18 of the Convention shall the case in any other capacity. Unless the parties to the dispute otherwise ag-
be as follows: ree, the arbitral tribunal shall determine its own
3. In disputes between more than two parties, rules of procedure. Article 10
parties in the same interest shall appoint one ar-
Article 1 bitrator jointly by agreement.
Article 6 A party that has an interest of a legal nature in
1. A Party may initiate recourse to arbitration in 4. Any vacancy shall be filled in the manner the subject matter of the dispute which may be
affected by the decision in the case may inter-
accordance with Article 18 of the Convention prescribed for the initial appointment. The arbitral tribunal may, at the request of one vene in the proceedings with the consent of the
by written notification addressed to the other of the parties, indicate essential interim measu- tribunal.
party to the dispute. The notification shall be 5. If the parties do not agree on the subject-mat- res of protection.
accompanied by a statement of the claim, toget- ter of the dispute before the President of the ar-
her with any supporting documents, and state bitral tribunal is designated, the arbitral tribunal Article 7 Article 11
the subject-matter of arbitration and include, in shall determine the subject-matter.
particular, the articles of the Convention the in- The tribunal may hear and determine counterc-
terpretation or application of which are at issue. Article 3 The parties to the dispute shall facilitate the laims arising directly out of the subject matter of
work of the arbitral tribunal and, in particular,
the dispute.
2. The claimant party shall notify the Secretariat using all means at their disposal, shall:
that the parties are referring a dispute to arbit- 1. If one of the parties to the dispute does not (a) Provide it with all relevant documents, Article 12
ration pursuant to Article 18. The notification appoint an arbitrator within two months of the
shall be accompanied by the written notificati- date on which the respondent party receives the information and facilities; and
on of the claimant party, the statement of claim notification of the arbitration, the other party Decisions both on procedure and substance of
and the supporting documents referred to in pa- may inform the Secretary-General of the United (b) Enable it, when necessary, to call witnes- the arbitral tribunal shall be taken by a majority
ragraph 1 above. The Secretariat shall forward Nations, who shall make the designation within ses or experts and receive their evidence. vote of its members.
the information thus received to all Parties. a further two-month period.
Article 8 Article 13
2. If the President of the arbitral tribunal has not
Article 2 been designated within two months of the date
of the appointment of the second arbitrator, the The parties and the arbitrators are under an ob- 1. If one of the parties to the dispute does not
1. If a dispute is referred to arbitration in accor- Secretary-General of the United Nations shall, at ligation to protect the confidentiality of any in- appear before the arbitral tribunal or fails to
dance with Article 1 above, an arbitral tribunal the request of a party, designate the President formation they receive in confidence during the defend its case, the other party may request
shall be established. It shall consist of three within a further two-month period. proceedings of the arbitral tribunal. the tribunal to continue the proceedings and to
members. make its award. Absence of a party or a failure
of a party to defend its case shall not constitute
a bar to the proceedings.

72 73