Page 74 - StokholmSozlesmesi
P. 74

STOCKHOLM CONVENTION



       2. Before rendering its final decision, the arbitral   Part II: Conciliation procedure  Article 4                        Article 8
       tribunal must satisfy itself that the claim is well
       founded in fact and law.             The conciliation procedure for purposes of pa-  If the President of the conciliation commission  Any disagreement as to whether the conciliation
                                            ragraph 6 of Article 18 of the Convention shall   has not been chosen within two months of the  commission has competence to consider a mat-
       Article 14                           be as follows:                                 second member of the commission being appo-  ter referred to it shall be decided by the commis-
                                                                                           inted, the Secretary-General of the United Nati-  sion.
       The tribunal shall render its final decision within   Article 1                     ons shall, upon request by a party, designate the
       five months of the date on which it is fully cons-                                  President within a further two- month period.  Article 9
       tituted unless it finds it necessary to extend the   1. A request by a party to a dispute to establish
       time limit for a period which should not exceed   a  conciliation  commission  in  consequence  of   Article 5           The costs of the commission shall be borne by
       five more months.                    paragraph 6 of Article 18 shall be addressed in                                     the parties to the dispute in shares agreed by
                                            writing to the Secretariat. The Secretariat shall   1. The conciliation commission shall, unless the  them. The commission shall keep the record of
       Article 15                           forthwith  inform  all  Parties to the  Convention   parties to the dispute otherwise agree, determi-  all its costs and shall furnish a final statement
                                            accordingly.                                   ne its own rules of procedure.       thereof to the parties.
       The final decision of the arbitral tribunal shall
       be confined to the subject matter of the dispute   2. The conciliation commission shall, unless the   2. The parties and members of the commission
       and shall state the reasons on which it is based.   parties otherwise agree, be composed of three   are under an obligation to protect the confiden-
       It shall contain the names of the members who   members,  one  appointed  by  each  party  con-  tiality of any information they receive in confi-
       have participated and the date of the final de-  cerned and a President chosen jointly by those   dence during the proceedings of the commissi-
       cision. Any member of the tribunal may attach   members.                            on.
       a separate or dissenting opinion to the final de-
       cision.                              Article 2                                      Article 6

       Article 16                           In  disputes  between  more  than  two  parties,   The conciliation commission shall take its decisi-
                                            parties in the same interest shall appoint their   ons by a majority vote of its members.
       The award shall be binding on the parties to the   members  of  the  commission  jointly  by  agree-
       dispute.  The  interpretation  of  the  Convention   ment.                          Article 7
       given by the award shall also be binding upon a
       Party intervening under Article 10 above insofar   Article 3                        The conciliation commission shall render a re-
       as it relates to matters in respect of which that                                   port with recommendations for resolution of the
       Party  intervened.  The  award  shall  be  without   If  any  appointments  by  the  parties  are  not   dispute  within  twelve  months  of  being  estab-
       appeal unless the parties to the dispute have ag-  made within two months of the date of receipt   lished, which the parties shall consider in good
       reed in advance to an appellate procedure.  by the Secretariat of the written request refer-  faith.
                                            red to in Article 1, the Secretary-General of the
       Article 17                           United Nations shall, upon request by a party,
                                            make those appointments within a further two-
       Any controversy which may arise between those   month period.
       bound by the final decision in accordance with
       Article 16 above, as regards the interpretation or
       manner of implementation of that decision, may
       be submitted by any of them for decision to the
       arbitral tribunal which rendered it.



                                                                                                                                                                     75
   69   70   71   72   73   74   75   76