award on agreed terms.
\nARBITRATION (a) the claimant withdraws his claim, unless the respondent objects thereto and the arbitral tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute; (b) the parties agree on the termination of the proceedings; (c) the arbitral tribunal finds that the continuation of the proceedings has for any other reason become unnecessary or impossible.
\nIf the arbitral tribunal considers the request to be justified, it shall make the correction or give the interpretation within thirty days of receipt of the request. The interpretation shall form part of the award.
\naward
\nIf the award or agreement is not made in an official language of this State, the party shall supply a duly certified translation thereof into such language. *
\nARBITRATION (i) a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or (ii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decision on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced; or (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or (v) the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made; or (b) if the court finds that: (i) the subject-matter of the dispute is not capable of settlement by arbitration under the law of this State; or (ii) the recognition or enforcement of the award would be contrary to the public policy of this State.
\nARBITRATION SECOND SCHEDULE
\nPROTOCOL ON ARBITRATION CLAUSES (GENEVA 1923) Amended by:
\nXVIII. 1999.31.
\nSubstituted by:
\nL.N. 304 of 2004.
\nThe undersigned, being duly authorised, declare that they accept, on behalf of the countries which they represent, the following provisions:
\nEach Contracting State reserves the right to limit the obligation mentioned above to contracts which are considered as commercial under its national law. Any Contracting State which avails itself of this right will notify the Secretary-General of the League of Nations, in order that the other Contracting States may be so informed.
\nThe Contracting States agree to facilitate all steps in the procedure which require to be taken in their own territories, in accordance with the provisions of their law governing arbitral procedure applicable to existing differences.
\nSuch reference shall not prejudice the competence of the judicial tribunals in case the agreement or the arbitration cannot proceed or becomes inoperative.
\nThe said States may subsequently adhere separately on behalf of any territory thus excluded. The Secretary-General of the League of Nations shall be informed as soon as possible of such adhesions. He shall notify such adhesions to all Signatory States. They will take effect one month after the notification by the Secretary-General to all Signatory States.
\nThe Contracting States may also denounce the Protocol separately on behalf of any of the territories referred to above. Article 7 applies to such denunciation.
\nCONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS (GENEVA 1927)
\nConvention applies, all arbitral awards made in pursuance of an agreement whether relating to existing or future differences (hereinafter called \"a submission to arbitration\") covered by the Protocol on Arbitration Clauses, opened at Geneva on September 24, 1923, shall be recognised as binding and shall be enforced in accordance with the rules of the procedure of the territory where the award is relied upon, provided that the said award has been made in a territory of one of the High Contracting Parties to which the present Convention applies and between persons who are subject to the jurisdiction of one of the High Contracting Parties.
\nTo obtain such recognition or enforcement, it shall, further, be necessary: (a) That the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto; (b) That the subject-matter of the award is capable of settlement by arbitration under the law of the country in which the award is sought to be relied upon; (c) That the award has been made by the Arbitral Tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure; (d) That the award has become final in the country in which it has been made, in the sense that it will not be considered as such if it is open to opposition, appeal or pourvoi en cassation (in the countries where such forms of procedure exist) or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending; (e) That the recognition or enforcement of the award is not contrary to the public policy or to the principles of the law of the country in which it is sought to be relied upon.
\nand enforcement of the award shall be refused if the Court is satisfied:
\nARBITRATION (a) That the award has been annulled in the country in which it was made; (b) That the party against whom it is sought to use the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case; or that, being under a legal incapacity, he was not properly represented; (c) That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.
\nIf the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it thinks fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide.
\nlaw governing the arbitration procedure, there is a ground, other than the grounds referred to in Article 1 (a) and (c), and Article 2 (b) and (c), entitling him to contest the validity of the award in a Court of Law, the Court may, if it thinks fit, either refuse recognition or enforcement of the award or adjourn the consideration thereof, giving such party a reasonable time within which to have the award annulled by the competent tribunal.
\nparticular:
\nA translation of the award and of the other documents mentioned in the Article into the official language of the country where the award is sought to be relied upon may be demanded. Such translation must be certified correct by a diplomatic or consular agent of the country to which the party who seeks to rely upon the award belongs or by a sworn translator of the country where the award is sought to be relied upon.
\nthe right of availing himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country where such award is sought to be relied upon.
\ncoming into force of the Protocol on Arbitration Clauses, opened at Geneva on September 24, 1923.
\nARBITRATION
\nsignatories of the Protocol of 1923 on Arbitration Clauses, shall be ratified.
\nIt may be ratified only on behalf of those Members of the League of Nations and non-Member States on whose behalf the Protocol of 1923 shall have been ratified.
\nRatifications shall be deposited as soon as possible with the SecretaryGeneral of the League of Nations, who will notify such deposit to all the signatories.
\nhave been ratified on behalf of two High Contracting Parties. Thereafter, it shall take effect, in the case of each High Contracting Party, three months after the deposit of the ratification on its behalf with the Secretary-General of the League of Nations.
\nLeague or non-Member State. Denunciation shall be notified in writing to the Secretary-General of the League of Nations, who will immediately send a copy thereof, certified to be in conformity with the notification, to all the other Contracting Parties, at the same time informing them of the date on which he received it.
\nThe denunciation shall come into force only in respect of the High Contracting Party which shall have notified it and one year after such notification shall have reached the Secretary-General of the League of Nations. The denunciation of the Protocol on Arbitration Clauses shall entail, ipso facto, the denunciation of the present Convention.
\nterritories under suzerainty or mandate of any High Contracting Party unless they are specially mentioned.
\nThe application of this Convention to one or more of such Colonies, Protectorates or territories to which the Protocol on Arbitration Clauses, opened at Geneva on September 24, 1923, applies, can be affected at any time by means of a declaration addressed to the Secretary-General of the League of Nations by one of the High Contracting Parties.
\nSuch declaration shall take effect three months after the deposit thereof.
\nThe High Contracting Parties can at any time denounce the Convention for all or any of the Colonies, Protectorates or territories referred to above. Article 9 hereof applies to such denunciation.
\nSecretary-General of the League of Nations to every Member of the League of Nations and to every non-Member State which signs the same.
\nIn faith whereof the above-named Plenipotentiaries have signed the present Convention.
\nDONE AT Geneva, on the twenty-sixth day of September one thousand nine hundred and twenty- seven, in a single copy, of which the English and French texts ARBITRATION are both authentic, and which will be kept in the archives of the League of Nations.
\nCONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958) ARTICLE I 1.
\nThis Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising out of differences between persons, whether physical or legal. It shall also apply to arbitral awards not considered as domestic awards in the State where their recognition and enforcement are sought.
\n2.
\nThe term \"arbitral awards\" shall include not only awards made by arbitrators appointed for each case but also those made by permanent arbitral bodies to which the parties have submitted.
\n3.
\nWhen signing, ratifying or acceding to this Convention, or notifying extension under article X hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration.
\nARTICLE II 1.
\nEach Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration.
\n2.
\nThe term \"agreement in writing\" shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams.
\n3.
\nThe court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.
\nARTICLE III Each Contracting State shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following articles. There shall not be imposed substantially more onerous conditions or higher fees or charges on the recognition or enforcement of arbitral awards to which this Convention applies than are imposed on the recognition or enforcement of domestic arbitral awards.
\nARTICLE IV 1.
\nTo obtain the recognition and enforcement mentioned in the preceding article, the party applying for recognition and enforcement shall, at the time of the application, supply: (a) The duly authenticated original award or a duly certified copy thereof;
\nARBITRATION (b) The original agreement referred to in Article II or a duly certified copy thereof.
\n2.
\nIf the said award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent.
\nARTICLE V 1.
\nRecognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that: (a) The parties to the agreement referred to in Article II were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or (b) The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or (c) The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or (d) The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or (e) The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.
\n2.
\nRecognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that: (a) The subject matter of the difference is not capable of settlement by arbitration under the law of that country; or (b) The recognition or enforcement of the award would be contrary to the public policy of that country.
\nARTICLE VI If an application for the setting aside or suspension of the award has been made to a competent authority referred to in Article V (1)(e), the authority before which the award is sought to be relied upon may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security.
\nARTICLE VII ARBITRATION 1.
\nThe provisions of the present Convention shall not affect the validity of multilateral or bilateral agreements concerning the recognition and enforcement of arbitral awards entered into by the Contracting States nor deprive an interested party of any right he may have to avail himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country where such award is sought to be relied upon.
\n2.
\nThe Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their becoming bound and to the extent that they become bound, by this Convention.
\nARTICLE VIII 1.
\nThis Convention shall be open until 31 December 1958 for signature on behalf of any Member of the United Nations and also on behalf of any other State which is or hereafter becomes a member of any specialized agency of the United Nations, or which is or hereafter becomes a party to the Statute of the International Court of Justice, or any other State to which an invitation has been addressed by the General Assembly of the United Nations.
\n2.
\nThis Convention shall be ratified and the instrument of ratification shall be deposited with the Secretary-General of the United Nations.
\nARTICLE IX 1.
\nThis Convention shall be open for accession to all States referred to in Article VIII.
\n2.
\nAccession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
\nARTICLE X 1.
\nAny State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned.
\n2.
\nAt any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later.
\n3.
\nWith respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the Governments of such territories.
\nARTICLE XI apply:
\nIn the case of a federal or non-unitary State, the following provisions shall (a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal authority, the obligations of the federal Government shall to this extent be the same as those of Contracting States which are not federal States; (b) With respect to those articles of this Convention that come within the ARBITRATION legislative jurisdiction of constituent states or provinces which are not, under the constitutional system of the federation, bound to take legislative action, the federal Government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of constituent states or provinces at the earliest possible moment; (c) A federal State Party to this Convention shall, at the request of any other Contracting State transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the federation and its constituent units in regard to any particular provision of this Convention, showing the extent to which effect has been given to that provision by legislative or other action.
\nARTICLE XII 1.
\nThis Convention shall come into force on the ninetieth day following the date of deposit of the third instrument of ratification or accession.
\n2.
\nFor each State ratifying or acceding to this Convention after the deposit of the third instrument of ratification or accession, this Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession.
\nARTICLE XIII 1.
\nAny Contracting State may denounce this Convention by a written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.
\n2.
\nAny State which has made a declaration or notification under article X may, at any time thereafter, by notification to the Secretary-General of the United Nations, declare that this Convention shall cease to extend to the territory concerned one year after the date of the receipt of the notification by the Secretary-General.
\n3.
\nThis Convention shall continue to be applicable to arbitral awards in respect of which recognition or enforcement proceedings have been instituted before the denunciation takes effect.
\nARTICLE XIV A Contracting State shall not be entitled to avail itself of the present Convention against other Contracting States except to the extent that it is itself bound to apply the Convention.
\nARTICLE XV The Secretary-General of the United Nations shall notify the States contemplated in article VIII of the following: (a) (b) (c) (d) Signatures and ratifications in accordance with Article VIII;
\nAccessions in accordance with Article IX;
\nDeclarations and notifications under Articles I, X and XI;
\nThe date upon which this Convention enters into force in accordance with Article XII; and (e) Denunciations and notifications in accordance with Article XIII.
\nARTICLE XVI 1.
\nThis Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the archives of the United Nations.
\nARBITRATION 2.
\nThe Secretary-General of the United Nations shall transmit a certified copy of this Convention to the States contemplated in Article VIII.
\nDeclaration made by Malta on its becoming a member to the United Nations Convention on the recognition and enforcement of Foreign Arbitral Awards (New York 1958) 1.
\nIn accordance with the relevant provisions of the Convention, Malta will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State.
\n2.
\nThe Convention only applies in regard to Malta with respect to arbitration agreements concluded after the date of Malta’s accession to the Convention and awards pursuant thereto made after the date of Malta’s accession to the Convention.
\nARBITRATION THIRD SCHEDULE Amended by:
\nXVIII. 1999.32.
\nCONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES (WASHINGTON 1965) Preamble The Contracting States Considering the need for international co-operation for economic development, and the role of private international investment therein;
\nBearing in mind the possibility that from time to time disputes may arise in connection with such investment between Contracting States and nationals of other Contracting States;
\nRecognising that while such disputes would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases;
\nAttaching particular importance to the availability of facilities for international conciliation or arbitration to which Contracting States may submit such disputes if they so desire;
\nDesiring to establish such facilities under the auspices of the International Bank for Reconstruction and Development;
\nRecognising that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement which requires in particular that due consideration be given to any recommendation of conciliators, and that any arbitral award be complied with; and Declaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration;
\nHave agreed as follows:
\nINTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
\nEstablishment and Organisation ARTICLE I
\nReconstruction and Development (hereinafter called the Bank). The seat may be moved to another place by decision of the Administrative Council adopted by a majority of two-thirds of its members.
\nmaintain a Panel of Conciliators and a Panel of Arbitrators.
\nThe Administrative Council
\nContracting State. An alternate may act as representative in case of his principal’s absence from a meeting or inability to act.
\nCouncil (hereinafter called the Chairman) but shall have no vote. During his absence or inability to act and during any vacancy in the office of President of the Bank, the person for the time being acting as President shall act as Chairman of the Administrative Council.
\nprovisions of this Convention, the Administrative Council shall (a) adopt the administrative and financial regulations of the Centre; (b) adopt the rules of procedure for the institution of conciliation and arbitration proceedings; (c) adopt the rules of procedure for conciliation and arbitration proceedings (hereinafter called the Conciliation Rules and the Arbitration Rules); (d) approve arrangements with the Bank for the use of the Bank’s administrative facilities and services; (e) determine the conditions of service of the Secretary-General and of any Deputy Secretary-General; (f) adopt the annual budget of revenue and expenditures of the Centre;
\nARBITRATION (g) approve the annual report on the operation of the Centre.
\nThe decisions referred to in subparagraphs (a), (b), (c) and (f) above shall be adopted by a majority of two-thirds of the members of the Administrative Council.
\nmeetings as may be determined by the Council, or convened by the Chairman, or convened by the Secretary-General at the request of not less than five members of the Council.
\nremuneration from the Centre.
\nThe Secretariat
\nSecretaries-General and staff.
\nby the Administrative Council by a majority of two-thirds of its members upon the nomination of the Chairman for a term of service not exceeding six years and shall be eligible for re-election. After consulting the members of the Administrative Council, the Chairman shall propose one or more candidates for each such office.
\nof the Centre and shall be responsible for its administration, including the appointment of staff, in accordance with the provisions of this Convention and the rules adopted by the Administrative Council. He shall perform the function of registrar and shall have the power to authenticate arbitral awards rendered pursuant to this Convention, and to certify copies thereof.
\nThe Panels
\nqualified persons, designated as hereinafter provided, who are willing to serve thereon.
\nbut need not be its nationals.
\ncharacter and recognised competence in the fields of law, commerce, industry or finance, who may be relied upon to exercise independent judgement. Competence in the field of the law shall be of particular importance in the case of persons on the Panel of Arbitrators.
\nPanel members shall serve for renewable periods of six years.
\nARBITRATION
\nA person may serve on both Panels.
\nFinancing the Centre
\nfacilities, or out of other receipts, the excess shall be borne by Contracting States which are members of the Bank in proportion to their respective subscriptions to the capital stock of the Bank, and by Contracting States which are not members of the Bank in accordance with rules adopted by the Administrative Council.
\nStatus, Immunities and Privileges
\nthe Centre shall include the capacity (a) to contract; (b) to acquire and dispose of movable and immovable property; (c) to institute legal proceedings.
\nContracting Centre the immunities and privileges set forth in this Section.
\nThe Centre, its property and assets shall enjoy immunity from all legal process, ARBITRATION except when the Centre waives this immunity.
\nconciliators or arbitrators or members of a Committee appointed pursuant to paragraph (3) of Article 52, and the officers and employees of the Secretariat (a) shall enjoy immunity from legal process with respect to acts performed by them in the exercise of their functions, except when the Centre waives this immunity; (b) not being local nationals, shall enjoy the same immunities from immigration restrictions, alien registration requirements and national service obligations, the same facilities as regards exchange restrictions and the same treatment in respect of travelling facilities as are accorded by Contracting States to the representatives, officials and employees of comparable rank of other Contracting States.
\nunder this Convention as parties, agents, counsel, advocates, witnesses or experts; provided, however, that subparagraph (b) thereof shall apply only in connection with their travel to and from, and their stay at, the place where the proceedings are held.
\nThe archives of the Centre shall be inviolable wherever they may be.
\ntransactions authorised by this Convention shall be exempt from all taxation and customs duties. The Centre shall also be exempt from liability for the collection or payment of any taxes or customs duties.
\nARBITRATION
\nJURISDICTION OF THE CENTRE
\ndirectly out of an investment, between a Contracting State (or any constituent subdivision or agency of a Contracting State designated to the Centre by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Centre. When the parties have given their consent, no party may withdraw its consent unilaterally.
\nstated, be deemed consent to such arbitration to the exclusion of any other remedy. A Contracting State may require the exhaustion of local administrative or judicial remedies as a condition of its consent to arbitration under this Convention.
\ninternational claim, in respect of a dispute which one of its nationals and another Contracting State shall have consented to submit or shall have submitted to arbitration under this Convention, unless such other Contracting State shall have ARBITRATION failed to abide by and comply with the award rendered in such dispute.
\nCONCILIATION
\nRequest for Conciliation
\ninstitute conciliation proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party.
\nConstitution of the Conciliation Commission
\nconstituted as soon as possible after registration of a request pursuant to Article 28.
\nregistration of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 28, or such other period as the parties may agree, the Chairman shall, at the request of either party and after consulting both parties as far as possible, appoint the conciliator or conciliators not yet appointed.
\nARBITRATION
\nConciliation Proceedings
\nThe Commission shall be the judge of its own competence.
\nof this Section and except as the parties otherwise agree, in accordance with the Conciliation Rules in effect on the date on which the parties consented to conciliation. If any question of procedure arises which is not covered by this Section or the Conciliation Rules or any rules agreed by the parties, the Commission shall decide the question.
\nbetween the parties and to endeavour to bring about agreement between them upon mutually acceptable terms. To that end, the Commission may at any stage of the proceedings and from time to time recommend terms of settlement to the parties. The parties shall cooperate in good faith with the Commission in order to enable the Commission to carry out its functions, and shall give their most serious consideration to its recommendations.
\nconciliation proceedings shall be entitled in any other proceeding, whether before ARBITRATION arbitrators or in a court of law or otherwise, to invoke or rely on any views expressed or statements or admissions or offers of settlement made by the other party in the conciliation proceedings, or the report or any recommendations made by the Commission.
\nARBITRATION
\nRequest for Arbitration
\ninstitute arbitration proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party.
\nConstitution of the Tribunal
\nas soon as possible after registration of a request pursuant to Article 36.
\nregistration of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 36, or such other period as the parties may agree, the Chairman shall, at the request of either party and after consulting both parties as far as possible, appoint the arbitrator or arbitrators not yet appointed.
\nARBITRATION Arbitrators appointed by the Chairman pursuant to this Article shall not be nationals of the Contracting State party to the dispute or of the Contracting State whose national is a party to the dispute.
\nContracting State party to the dispute and the Contracting State whose national is a party to the dispute; provided, however, that the foregoing provisions of this Article shall not apply if the sole arbitrator or each individual member of the Tribunal has been appointed by agreement of the parties.
\nin the case of appointments by the Chairman pursuant to Article 38.
\nPowers and Functions of the Tribunal
\nThe Tribunal shall be the judge of its own competence.
\nmay be agreed by the parties. In the absence of such agreement, the Tribunal shall apply the law of the Contracting State party to the dispute (including its rules on the conflict of laws) and such rules of international law as may be applicable.
\nany state of the proceedings: (a) call upon the parties to produce documents or other evidence, and (b) visit the scene connected with the dispute, and conduct such enquiries ARBITRATION there as it may deem appropriate.
\nof this Section and, except as the parties otherwise agree, in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration.
\nIf any question of procedure arises which is not covered by this Section or the Arbitration Rules or any rules agreed by the parties, the Tribunal shall decide the question.
\nadmission of the other party’s assertions.
\nExcept as the parties otherwise agree, the Tribunal shall, if requested by a party, determine any incidental or additional claims or counter-claims arising directly out of the subject-matter of the dispute provided that they are within the scope of the consent of the parties and are otherwise within the jurisdiction of the Centre.
\ncircumstances so require, recommend any provisional measures which should be taken to preserve the respective rights of either party.
\nThe Award
\nmembers.
\nARBITRATION
\nto the parties. The award shall be deemed to have been rendered on the date on which the certified copies were dispatched.
\nInterpretation, Revision and Annulment of the Award
\nan award, either party may request interpretation of the award by an application in writing addressed to the Secretary-General.
\naddressed to the Secretary-General on the ground of discovery of some fact of such a nature as decisively to effect the award, provided that when the award was rendered that fact was unknown to the Tribunal and to the applicant and that the applicant’s ignorance of that fact was not due to negligence.
\nwriting to the Secretary-General on one or more of the following grounds: (a) that the Tribunal was not properly constituted;
\nARBITRATION (b) that the Tribunal had manifestly exceeded its powers; (c) that there was corruption on the part of a member of the Tribunal; (d) that there has been a serious departure from a fundamental rule of procedure; or (e) that the award has failed to state the reasons on which it is based.
\nRecognition and Enforcement of the Award
\nappeal or to any other remedy except those provided for in this Convention. Each party shall abide by and comply with the terms of the award except to the extent that enforcement shall have been stayed pursuant to the relevant provisions of this Convention.
\nConvention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgement of a court in that State. A Contracting State with a federal constitution may enforce such an award in or through its federal courts and may provide that such courts shall treat the award as if it were a final judgement of the courts of a constituent state.
\nARBITRATION
\nany Contracting State relating to immunity of that State or of any foreign State from execution.
\nREPLACEMENT AND DISQUALIFICATION OF CONCILIATORS AND ARBITRATORS
\nbegun, its composition shall remain unchanged; provided, however, that if a conciliator or an arbitrator should die, become incapacitated, or resign, the resulting vacancy shall be filled in accordance with the provisions of Section 2 of Chapter III or Section 2 of Chapter IV.
\nits members on account of any fact indicating a manifest lack of the qualities required by paragraph (1) of Article 14. A party to arbitration proceedings may, in addition, propose the disqualification of an arbitrator on the ground that he was ineligible for appointment to the Tribunal under Section 2 of Chapter IV.
\ntaken by the other members of the Commission or Tribunal as the case may be, provided that where those members are equally divided, or in the case of a proposal to disqualify a sole conciliator or arbitrator, or a majority of the conciliators or ARBITRATION arbitrators, the Chairman shall take that decision. If it is decided that the proposal is well-founded the conciliator or arbitrator to whom the decision relates shall be replaced in accordance with the provisions of Section 2 of Chapter III or Section 2 of
\nCOST OF PROCEEDINGS
\nbe determined by the Secretary-General in accordance with the regulations adopted by the Administrative Council.
\nof its members within limits established from time to time by the Administrative Council and after consultation with the Secretary-General.
\nthe Commission as well as the charges for the use of the facilities of the Centre, shall be borne equally by the parties. Each party shall bear any other expenses it incurs in connection with the proceedings.
\nPLACE OF PROCEEDINGS
\nexcept as hereinafter provided.
\nConciliation and arbitration proceedings may be held, if the parties so agree, ARBITRATION (a) at the seat of the Permanent Court of Arbitration or of any other appropriate institution, whether private or public, with which the Centre may make arrangements for that purpose; or (b) at any other place approved by the Commission or Tribunal after consultation with the Secretary-General.
\nDISPUTES BETWEEN CONTRACTING STATES
\napplication of this Convention which is not settled by negotiation shall be referred to the International Court of Justice by the application of any party to such dispute, unless the States concerned agree to another method of settlement.
\nAMENDMENT
\nproposed amendment shall be communicated to the Secretary-General not less than 90 days prior to the meeting of the Administrative Council at which such amendment is to be considered and shall forthwith be transmitted by him to all the members of the Administrative Council.
\nits members, the proposed amendment shall be circulated to all Contracting States for ratification, acceptance or approval. Each amendment shall enter into force 30 days after dispatch by the depository of this Convention of a notification to Contracting States that all Contracting States have ratified, accepted or approved the amendment.
\nARBITRATION
\nFINAL PROVISIONS
\nBank. It shall also be open for signature on behalf of any other State which is a party to the Statute of the International Court of Justice and which the Administrative Council, by a vote of two-thirds of its members, shall have invited to sign the Convention.
\nthe signatory States in accordance with their respective constitutional procedures.
\nnecessary for making the provisions of this Convention effective in its territories.
\nContracting State is responsible, except those which are excluded by such State by written notice to the depository of this Convention either at the time of ratification, acceptance or approval or subsequently.
\ndepository of this Convention. The denunciation shall take effect six months after receipt of such notice.
\nrights or obligations under this Convention of that State or of any of its constituent subdivisions or agencies or of any national of that State arising out of consent to the jurisdiction of the Centre given by one of them before such notice was received by the depository.
\nARBITRATION amendments thereto shall be deposited with the Bank which shall act as the depository of this Convention. The depository shall transmit certified copies of this Convention to States members of the Bank and to any other State invited to sign the Convention.
\nNations in accordance with Article 102 of the Charter of the United Nations and the Regulations thereunder adopted by the General Assembly.
\n(a) signatures in accordance with Article 67; (b) deposits of instruments of ratification, acceptance and approval in accordance with Article 73; (c) the date on which this Convention enters into force in accordance with Article 68; (d) exclusions from territorial application pursuant to Article 70; (e) the date on which any amendment of this Convention enters into force in accordance with Article 66; and (f) denunciation in accordance with Article 71.
\nDONE at Washington in the English, French and Spanish languages, all three texts being equally authentic, in a single copy which shall remain deposited in the archives of the International Bank for Reconstruction and Development, which has indicated by its signature below its agreement to fulfil the functions with which it is charged under this Convention.
\nARBITRATION FOURTH SCHEDULE (Article 15) Added by:
\nIX. 2004.26.
\nAmended by:
\nL.N. 420 of 2004;
\nL.N. 7 of 2005;
\nL.N. 279 of 2005;
\nXXII. 2005.94;
\nL.N. 165 of 2006;
\nL.N. 166 of 2006;
\nL.N. 425 of 2007;
\nIX. 2010.15;
\nL.N. 244 of 2012;
\nL.N. 149 of 2015;
\nXXX. 2015.7.
\nMandatory Arbitration The disputes hereunder stated in Part A shall be settled by arbitration and shall be referred to arbitration under the rules stated in Part B in addition to such rules as may be issued by the Centre from time to time.
\n1.1 Condominium Disputes.
\nAll disputes regarding a condominium which according to the Condominium Act (Cap. 398) are to be submitted to for arbitration.
\n1.2 Motor Traffic Disputes Any civil or commercial disputes, not being one in connection with a claim for damages for personal injuries, being a dispute arising from: (a) any collision between vehicles, or (b) any involuntary damage to property involving vehicles, or (c) any such claim against an authorized insurer, an assurance company, an underwriter approved by the Minister responsible for transport or other person who in accordance with the Motor Vehicles Insurance (ThirdParty Risks) Ordinance (Cap. 104) or any policy of insurance may be liable therefor, and (d) the value whereof does not exceed eleven thousand and six hundred and forty-six euro and eighty-seven cents (11,646.87).
\n1.3 Disputes connected with electricity and water services All disputes arising from the supply of electricity, electrical meter rent or any other service provided by the distribution system operator, and any dispute related to water services, without prejudice, where applicable, to the provisions of article 466 of the Code of Organization and Civil Procedure, to the provisions of to the provisions of the Enemalta (Transfer of Assets, Rights, Liabilities and Obligations) Act and the Water Services Corporation Act, and to the provisions of the Electricity Supply Regulations and the Water Supply Regulations:
\nProvided that consumers will be entitled to file their claims against the distribution system operator or the Water Services Corporation, as the case may be, in terms of the procedure established by this Act:
\nProvided further that notwithstanding the provisions of any other law other than the Consumer Affairs Act or any regulations made thereunder in so far as such laws deal with the resolution, however so described, of any consumer disputes, and without prejudice to pending cases, the Arbitration Tribunal shall have exclusive jurisdiction ARBITRATION over these cases.
\n1.4 Paying Agency Disputes All disputes arising from claims made to the Paying Agency which, according to regulation 13 of the Paying Agency Regulations, are to be submitted to arbitration.
\n1.
\nThe arbitration, being domestic arbitration, shall be governed by Part IV of the Act.
\n2.
\nThe arbitral tribunal shall be composed of one arbitrator unless the parties agree that it shall be composed of three arbitrators and notify the Centre within thirty days of the receipt by the respondent of the notice of arbitration;
\n3.
\nThe sole arbitrator, or any of the members of the arbitral tribunal when it is composed of three arbitrators, shall be appointed by the Chairman of the Centre in accordance with the provisions of the Act unless the Centre is notified of the appointment of an arbitral tribunal within thirty days of the receipt by the respondent of the notice of arbitration:
\nProvided that the Chairman of the Centre shall not appoint as sole arbitrator or as a member of the arbitral tribunal, when it is composed of three arbitrators, any person who is appointed as an arbitrator in ten or more pending arbitrations.
\n4.
\nUnless the parties expressly agree otherwise, there shall be a right of appeal from a final award as provided in article 15(11A);
\n5.
\nThe rules on confidentiality, including those stated in articles 37 and 70 of the Act shall not apply to mandatory arbitrations unless the parties expressly agree to such rules and notify the arbitrator and the Centre accordingly;
\n6.
\nThe award shall be deemed to have been received by the parties on the date when it is delivered in open tribunal;
\n7.
\nThe provisions of Title IX of Book First and of Title XI of Book Third of the Code of Organization and Civil Procedure and any other provision of that Code relating to curators, shall mutatis mutandis apply to the disputes referred to in this Schedule;
\n8.
\nThe provisions of Title XIV of Book Third of the Code of Organization and Civil Procedure and any other provision of that Code relating to the intervention and joinder of parties to a suit, shall apply mutatis mutandis to the disputes referred to in this Schedule.
\nThe arbitral tribunal shall establish the days and times when sittings shall be Provided that the arbitral tribunal shall appoint the first sitting for hearing within one month from receipt by the arbitral tribunal of the documentation relating to the dispute.
\n