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Third Schedule — ARBITRATION ACT

Laws of Malta — Chapter 387 — ARBITRATION ACT
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Third Schedule · ARBITRATION ACT

Amended by

XVIII. 1999.32.

CONVENTION 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;

Bearing 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;

Recognising that while such disputes would usually be subject to national legal

processes, international methods of settlement may be appropriate in certain cases;

Attaching particular importance to the availability of facilities for international

conciliation or arbitration to which Contracting States may submit such disputes if

they so desire;

Desiring to establish such facilities under the auspices of the International Bank

for Reconstruction and Development;

Recognising 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;

Have agreed as follows

CHAPTER I

INTERNATIONAL CENTRE FOR SETTLEMENT OF

INVESTMENT DISPUTES

SECTION 1

Establishment and Organisation

ARTICLE I

(1) There is hereby established the International Centre for Settlement of

Investment Disputes (hereinafter called the Centre).

(2) The purpose of the Centre shall be to provide facilities for conciliation and

arbitration of investment disputes between Contracting States and nationals of other

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Contracting States in accordance with the provisions of this Convention.

ARTICLE 2

The seat of the Centre shall be at the principal office of the International Bank for

Reconstruction 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.

ARTICLE 3

The Centre shall have an Administrative Council and a Secretariat and shall

maintain a Panel of Conciliators and a Panel of Arbitrators.

SECTION 2

The Administrative Council

ARTICLE 4

(1) The Administrative Council shall be composed of one representative of each

Contracting State. An alternate may act as representative in case of his principal’s

absence from a meeting or inability to act.

(2) In the absence of a contrary designation, each governor and alternate

governor of the Bank appointed by a Contracting State shall be ex officio its

representative and its alternate respectively.

ARTICLE 5

The President of the Bank shall be ex officio Chairman of the Administrative

Council (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.

ARTICLE 6

(1) Without prejudice to the powers and functions vested in it by other

provisions 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;

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(g) approve the annual report on the operation of the Centre.

The 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.

(2) The Administrative Council may appoint such committees as it considers

necessary.

(3) The Administrative Council shall also exercise such other powers and

perform such other functions as it shall determine to be necessary for the

implementation of the provisions of this Convention.

ARTICLE 7

(1) The Administrative Council shall hold an annual meeting and such other

meetings 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.

(2) Each member of the Administrative Council shall have one vote and, except

as otherwise herein provided, all matters before the Council shall be decided by a

majority of the votes cast.

(3) A quorum for any meeting of the Administrative Council shall be a majority

of its members.

(4) The Administrative Council may establish, by a majority of two-thirds of its

members, a procedure whereby the Chairman may seek a vote of the Council without

convening a meeting of the Council. The vote shall be considered valid only if the

majority of the members of the Council cast their votes within the time limit set by

the said procedure.

ARTICLE 8

Members of the Administrative Council and the Chairman shall serve without

remuneration from the Centre.

SECTION 3

The Secretariat

ARTICLE 9

The Secretariat shall consist of a Secretary-General, one or more Deputy

Secretaries-General and staff.

ARTICLE 10

(1) The Secretary-General and any Deputy Secretary-General shall be elected

by 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.

(2)

The offices of Secretary-General and Deputy Secretary-General shall be

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incompatible with the exercise of any political function. Neither the Secretary-

General nor any Deputy Secretary-General may hold any other employment or

engage in any other occupation except with the approval of the Administrative

Council.

(3) During the Secretary-General’s absence or inability to act, and during any

vacancy of the office of Secretary-General, the Deputy Secretary-General shall act

as Secretary-General. If there shall be more than one Deputy Secretary-General, the

Administrative Council shall determine in advance the order in which they shall act

as Secretary-General.

ARTICLE 11

The Secretary-General shall be the legal representative and the principal officer

of 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.

SECTION 4

The Panels

ARTICLE 12

The Panel of Conciliators and the Panel of Arbitrators shall each consist of

qualified persons, designated as hereinafter provided, who are willing to serve

thereon.

ARTICLE 13

(1) Each Contracting State may designate to each Panel four persons who may

but need not be its nationals.

(2) The Chairman may designate ten persons to each Panel. The persons so

designated to a Panel shall each have a different nationality.

ARTICLE 14

(1) Persons designated to serve on the Panels shall be persons of high moral

character 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.

(2) The Chairman, in designating persons to serve on the Panels, shall in

addition pay due regard to the importance of assuring representation on the Panels of

the principal legal systems of the world and of the main forms of economic activity.

ARTICLE 15

(1)

Panel members shall serve for renewable periods of six years.

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(2) In case of death or resignation of a member of a Panel, the authority which

designated the member shall have the right to designate another person to serve for

the remainder of that member’s term.

(3) Panel members shall continue in office until their successors have been

designated.

ARTICLE 16

(1)

A person may serve on both Panels.

(2) If a person shall have been designated to serve on the same Panel by more

than one Contracting State, or by one or more Contracting States and the Chairman,

he shall be deemed to have been designated by the authority which first designated

him or, if one such authority is the State of which he is a national by that State.

(3) All designations shall be notified to the Secretary-General and shall take

effect from the date on which the notification is received.

SECTION 5

Financing the Centre

ARTICLE 17

If the expenditure of the Centre cannot be met out of charges for the use of its

facilities, 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.

SECTION 6

Status, Immunities and Privileges

ARTICLE 18

The Centre shall have full international legal personality. The legal capacity of

the Centre shall include the capacity

(a)

to contract;

(b)

to acquire and dispose of movable and immovable property;

(c)

to institute legal proceedings.

ARTICLE 19

To enable the Centre to fulfil its functions, it shall enjoy in the territories of each

Contracting Centre the immunities and privileges set forth in this Section.

ARTICLE 20

The Centre, its property and assets shall enjoy immunity from all legal process,

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except when the Centre waives this immunity.

ARTICLE 21

The Chairman, the members of the Administrative Council, persons acting as

conciliators 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.

ARTICLE 22

The provisions of Article 21 shall apply to persons appearing in proceedings

under 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.

ARTICLE 23

(1)

The archives of the Centre shall be inviolable wherever they may be.

(2) With regard to its official communications, the Centre shall be accorded by

each Contracting State treatment not less favourable than that accorded to other

international organisations.

ARTICLE 24

(1) The Centre, its assets, property and income, and its operations and

transactions 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.

(2) Except in the case of local nationals, no tax shall be levied on or in respect

of expense allowances paid by the Centre to the Chairman or members of the

Administrative Council, or on or in respect of salaries, expense allowances or other

emoluments paid by the Centre to officials or employees of the Secretariat.

(3) No tax shall be levied on or in respect of fees or expense allowances

received by persons acting as conciliators, or arbitrators, or members of a Committee

appointed pursuant to paragraph (3) of Article 52, in proceedings under this

Convention, if the sole jurisdictional basis for such tax is the location of the Centre

or the place where such proceedings are conducted or the place where such fees or

allowances are paid.

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CHAPTER II

JURISDICTION OF THE CENTRE

ARTICLE 25

(1) The jurisdiction of the Centre shall extend to any legal dispute arising

directly 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.

(2)

"National of another Contracting State" means

(a) any natural person who had the nationality of a Contracting State other

than the State party to the dispute on the date on which the parties

consented to submit such dispute to conciliation or arbitration as well as

on the date on which the request was registered pursuant to paragraph

(3) of Article 28 or paragraph (3) of Article 36, but does not include any

person who on either date also had the nationality of the Contracting

State party to the dispute; and

(b) any juridical person which had the nationality of a Contracting State

other than the State party to the dispute on the date on which the parties

consented to submit such dispute to conciliation or arbitration and any

juridical person which had the nationality of the Contracting State party

to the dispute on that date and which, because of foreign control, the

parties have agreed should be treated as a national of another

Contracting State for the purposes of this Convention.

(3) Consent by a constituent subdivision or agency of a Contracting State shall

require the approval of that State unless that State notifies the Centre that no such

approval is required.

(4) Any Contracting State may, at the time of ratification, acceptance or

approval of this Convention or at any time thereafter, notify the Centre of the class

or classes of disputes which it would or would not consider submitting to the

jurisdiction of the Centre. The Secretary-General shall forthwith transmit such

notification to all Contracting States. Such notification shall not constitute the

consent required by paragraph (1).

ARTICLE 26

Consent of the parties to arbitration under this Convention shall, unless otherwise

stated, 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.

ARTICLE 27

(1) No Contracting State shall give diplomatic protection, or bring an

international 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

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failed to abide by and comply with the award rendered in such dispute.

(2) Diplomatic protection, for the purposes of paragraph (1), shall not include

informal diplomatic exchanges for the sole purpose of facilitating a settlement of the

dispute.

CHAPTER III

CONCILIATION

SECTION 1

Request for Conciliation

ARTICLE 28

(1) Any Contracting State or any national of a Contracting State wishing to

institute 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.

(2) The request shall contain information concerning the issues in dispute, the

identity of the parties and their consent to conciliation in accordance with the rules

of procedure for the institution of conciliation and arbitration proceedings.

(3) The Secretary-General shall register the request unless he finds, on the basis

of the information contained in the request, that the dispute is manifestly outside the

jurisdiction of the Centre. He shall forthwith notify the parties of registration or

refusal to register.

SECTION 2

Constitution of the Conciliation Commission

ARTICLE 29

(1) The Conciliation Commission (hereinafter called the Commission) shall be

constituted as soon as possible after registration of a request pursuant to Article 28.

(2) (a) The Commission shall consist of a sole conciliator or any uneven number

of conciliators appointed as the parties shall agree.

(b) Where the parties do not agree upon the number of conciliators and the

method of their appointment, the Commission shall consist of three conciliators, one

conciliator appointed by each party and the third, who shall be the president of the

Commission, appointed by agreement of the parties.

ARTICLE 30

If the Commission shall not have been constituted within 90 days after notice of

registration 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.

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ARTICLE 31

(1) Conciliators may be appointed from outside the Panel of Conciliators,

except in the case of appointments by the Chairman pursuant to Article 30.

(2) Conciliators appointed from outside the Panel of Conciliators shall possess

the qualities stated in paragraph (1) of Article 14.

SECTION 3

Conciliation Proceedings

ARTICLE 32

(1)

The Commission shall be the judge of its own competence.

(2) Any objection by a party to the dispute that a dispute is not within the

jurisdiction of the Centre, or for other reasons is not within the competence of the

Commission, shall be considered by the Commission which shall determine whether

to deal with it as a preliminary question or to join it to the merits of the dispute.

ARTICLE 33

Any conciliation proceeding shall be conducted in accordance with the provisions

of 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.

ARTICLE 34

(1) It shall be the duty of the Commission to clarify the issues in dispute

between 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.

(2) If the parties reach agreement, the Commission shall draw up a report noting

the issues in dispute and recording that the parties have reached agreement. If, at any

stage of the proceedings, it appears to the Commission that there is no likelihood of

agreement between the parties, it shall close the proceedings and shall draw up a

report noting the submission of the dispute and recording the failure of the parties to

reach agreement. If one party fails to appear or participate in the proceedings the

Commission shall close the proceedings and shall draw up a report noting that

party’s failure to appear or participate.

ARTICLE 35

Except as the parties to the dispute shall otherwise agree, neither party to a

conciliation proceedings shall be entitled in any other proceeding, whether before

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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.

CHAPTER IV

ARBITRATION

SECTION 1

Request for Arbitration

ARTICLE 36

(1) Any Contracting State or any national of a Contracting State wishing to

institute 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.

(2) The request shall contain information concerning the issues in dispute, the

identity of the parties and their consent to arbitration in accordance with the rules of

procedure for the institution of conciliation and arbitration proceedings.

(3) The Secretary-General shall register the request unless he finds, on the basis

of the information contained in the request, that the dispute is manifestly outside the

jurisdiction of the Centre. He shall forthwith notify the parties of registration or

refusal to register.

SECTION 2

Constitution of the Tribunal

ARTICLE 37

(1) The Arbitral Tribunal (hereinafter called the Tribunal) shall be constituted

as soon as possible after registration of a request pursuant to Article 36.

(2) (a) The Tribunal shall consist of a sole arbitrator or any uneven number of

arbitrators appointed as the parties shall agree.

(b) Where the parties do not agree upon the number of arbitrators and the

method of their appointment, the Tribunal shall consist of three arbitrators, one

arbitrator appointed by each party and the third, who shall be the president of the

Tribunal, appointed by agreement of the parties.

ARTICLE 38

If the Tribunal shall not have been constituted within 90 days after notice of

registration 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.

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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.

ARTICLE 39

The majority of the arbitrators shall be nationals of States other than the

Contracting 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.

ARTICLE 40

(1) Arbitrators may be appointed from outside the Panel of Arbitrators, except

in the case of appointments by the Chairman pursuant to Article 38.

(2) Arbitrators appointed from outside the Panel of Arbitrators shall possess the

qualities stated in paragraph (1) of Article 14.

SECTION 3

Powers and Functions of the Tribunal

ARTICLE 41

(1)

The Tribunal shall be the judge of its own competence.

(2) Any objection by a party to the dispute that is not within the jurisdiction of

the Centre, or for other reasons is not within the competence of the Tribunal, shall be

considered by the Tribunal which shall determine whether to deal with it as a

preliminary question or to join it to the merits of the dispute.

ARTICLE 42

(1) The Tribunal shall decide a dispute in accordance with such rules of law as

may 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.

(2) The Tribunal may not bring in a finding of non liquet on the ground of

silence or obscurity of the law.

(3) The provisions of paragraphs (1) and (2) shall not prejudice the power of the

Tribunal to decide a dispute ex aequo et bono if the parties so agree.

ARTICLE 43

Except as the parties otherwise agree, the Tribunal may, if it deems it necessary at

any 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

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there as it may deem appropriate.

ARTICLE 44

Any arbitration proceeding shall be conducted in accordance with the provisions

of 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.

If 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.

ARTICLE 45

(1) Failure of a party to appear or to present his case shall not be deemed an

admission of the other party’s assertions.

(2) If a party fails to appear or to present his case at any stage of the

proceedings the other party may request the Tribunal to deal with the questions

submitted to it and to render an award. Before rendering an award, the Tribunal shall

notify, and grant a period of grace to, the party failing to appear or to present its

case, unless it is satisfied that party does not intend to do so.

ARTICLE 46

Except 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.

ARTICLE 47

Except as the parties otherwise agree, the Tribunal may, if it considers that the

circumstances so require, recommend any provisional measures which should be

taken to preserve the respective rights of either party.

SECTION 4

The Award

ARTICLE 48

(1) The Tribunal shall decide questions by a majority of the votes of all its

members.

(2) The award of the Tribunal shall be in writing and shall be signed by the

members of the Tribunal who voted for it.

(3) The award shall deal with every question submitted to the Tribunal, and

shall state the reasons upon which it is based.

(4) Any member of the Tribunal may attach his individual opinion to the award,

whether he dissents from the majority or not, or a statement of his dissent.

(5)

The Centre shall not publish the award without the consent of the parties.

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ARTICLE 49

(1) The Secretary-General shall promptly dispatch certified copies of the award

to the parties. The award shall be deemed to have been rendered on the date on

which the certified copies were dispatched.

(2) The Tribunal upon the request of a party made within 45 days after the date

on which the award was rendered may after notice to the other party decide any

question which it had omitted to decide in the award and shall rectify any clerical,

arithmetical or similar error in the award. Its decision shall become part of the award

and shall be notified to the parties in the same manner as the award. The periods of

time provided for under paragraph (2) of Article 51 and paragraph (2) of Article 52

shall run from the date on which the decision was rendered.

SECTION 5

Interpretation, Revision and Annulment of the Award

ARTICLE 50

(1) If any dispute shall arise between the parties as to the meaning or scope of

an award, either party may request interpretation of the award by an application in

writing addressed to the Secretary-General.

(2) The request shall, if possible, be submitted to the Tribunal which rendered

the award. If this shall not be possible, a new Tribunal shall be constituted in

accordance with Section 2 of this Chapter. The Tribunal may, if it considers that the

circumstances so require, stay enforcement of the award pending its decision.

ARTICLE 51

(1) Either party may request revision of the award by an application in writing

addressed 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.

(2) The application shall be made within 90 days after the discovery of such fact

and in any event within three years after the date on which the award was rendered.

(3) The request shall, if possible, be submitted to the Tribunal which rendered

the award. If this shall not be possible, a new Tribunal shall be constituted in

accordance with Section 2 of this Chapter.

(4) The Tribunal may, if it considers that the circumstances so require, stay

enforcement of the award pending its decision. If the applicant requests stay of

enforcement of the award in his application, enforcement shall be stayed

provisionally until the Tribunal rules on such request.

ARTICLE 52

(1) Either party may request annulment of the award by an application in

writing to the Secretary-General on one or more of the following grounds

(a) that the Tribunal was not properly constituted;

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(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.

(2) The application shall be made within 120 days after the date on which the

award was rendered except that when annulment is requested on the ground of

corruption such application shall be made within 120 days after discovery of the

corruption and in any event within three years after the date on which the award was

rendered.

(3) On receipt of the request the Chairman shall forthwith appoint from the

Panel of Arbitrators an ad hoc Committee of three persons. None of the members of

the Committee shall have been a member of the Tribunal which rendered the award,

shall be of the same nationality as any such member, shall be a national of the State

party to the dispute or of the State whose national is a party to the dispute, shall have

been designated to the Panel of Arbitrators by either of those States, or shall have

acted as a conciliator in the same dispute. The Committee shall have the authority to

annul the award or any part thereof on any of the grounds set forth in paragraph (1).

(4) The provisions of Articles 41 - 45, 48, 49, 53 and 54, and of Chapters VI and

VII shall apply mutatis mutandis to proceedings before the Committee.

(5) The Committee may, if it considers that circumstances so require, stay

enforcement of the award pending its decision. If the applicant requests a stay of

enforcement of the award in his application, enforcement shall be stayed

provisionally until the Committee rules on such request.

(6) If the award is annulled the dispute shall, at the request of either party, be

submitted to a new Tribunal constituted in accordance with Section 2 of this Chapter.

SECTION 6

Recognition and Enforcement of the Award

ARTICLE 53

(1) The award shall be binding on the parties and shall not be subject to any

appeal 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.

(2) For the purposes of this Section, "award" shall include any decision

interpreting, revising or annulling such award pursuant to Articles 50, 51 or 52.

ARTICLE 54

(1) Each Contracting State shall recognise an award rendered pursuant to this

Convention 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.

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(2) A party seeking recognition or enforcement in the territories of a

Contracting State shall furnish to a competent court or other authority which such

State shall have designated for this purpose a copy of the award certified by the

Secretary-General. Each Contracting State shall notify the Secretary-General of the

designation of the competent court or other authority for this purpose and of any

subsequent change in such designation.

(3) Execution of the award shall be governed by the laws concerning the

execution of judgements in force in the State in whose territories such execution is

sought.

ARTICLE 55

Nothing in Article 54 shall be construed as derogating from the law in force in

any Contracting State relating to immunity of that State or of any foreign State from

execution.

CHAPTER V

REPLACEMENT AND DISQUALIFICATION OF CONCILIATORS AND

ARBITRATORS

ARTICLE 56

(1) After a Commission or a Tribunal has been constituted and proceedings have

begun, 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.

(2) A member of the Commission or Tribunal shall continue to serve in that

capacity notwithstanding that he shall have ceased to be a member of the Panel.

(3) If a conciliator or an arbitrator appointed by a party shall have resigned

without the consent of the Commission or Tribunal of which he was a member, the

Chairman shall appoint a person from the appropriate Panel to fill the resulting

vacancy.

ARTICLE 57

A party may propose to a Commission or Tribunal the disqualification of any of

its 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.

ARTICLE 58

The decision on any proposal to disqualify a conciliator or arbitrator shall be

taken 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

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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

Chapter IV.

CHAPTER VI

COST OF PROCEEDINGS

ARTICLE 59

The charges payable by the parties for the use of the facilities of the Centre shall

be determined by the Secretary-General in accordance with the regulations adopted

by the Administrative Council.

ARTICLE 60

(1) Each Commission and each Tribunal shall determine the fees and expenses

of its members within limits established from time to time by the Administrative

Council and after consultation with the Secretary-General.

(2) Nothing in paragraph (1) shall preclude the parties from agreeing in advance

with the Commission or Tribunal concerned upon the fees and expenses of its

members.

ARTICLE 61

(1) In the case of conciliation proceedings the fees and expenses of members of

the 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.

(2) In the case of arbitration proceedings the Tribunal shall, except as the parties

otherwise agree, assess the expenses incurred by the parties in connection with the

proceedings, and shall decide how and by whom those expenses, the fees and

expenses of the members of the Tribunal and the charges for the use of the facilities

of the Centre shall be paid. Such decision shall form part of the award.

CHAPTER VII

PLACE OF PROCEEDINGS

ARTICLE 62

Conciliation and arbitration proceedings shall be held at the seat of the Centre

except as hereinafter provided.

ARTICLE 63

Conciliation and arbitration proceedings may be held, if the parties so agree,

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(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.

CHAPTER VIII

DISPUTES BETWEEN CONTRACTING STATES

ARTICLE 64

Any dispute arising between Contracting States concerning the interpretation or

application 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.

CHAPTER IX

AMENDMENT

ARTICLE 65

Any Contracting State may propose amendment of this Convention. The text of a

proposed 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.

ARTICLE 66

(1) If the Administrative Council shall so decide by a majority of two-thirds of

its 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.

(2) No amendment shall affect the rights and obligations under this Convention

of any Contracting State or of any of its constituent subdivisions or agencies, or of

any national of such State arising out of consent to the jurisdiction of the Centre

given before the date of entry into force of the amendment.

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CHAPTER X

FINAL PROVISIONS

ARTICLE 67

This Convention shall be open for signature on behalf of States members of the

Bank. 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.

ARTICLE 68

(1) This Convention shall be subject to ratification, acceptance or approval by

the signatory States in accordance with their respective constitutional procedures.

(2) This Convention shall enter into force 30 days after the date of deposit of the

twentieth instrument of ratification, acceptance or approval. It shall enter into force

for each State which subsequently deposits its instrument of ratification, acceptance

or approval 30 days after the date of such deposit.

ARTICLE 69

Each Contracting State shall take legislative or other measures as may be

necessary for making the provisions of this Convention effective in its territories.

ARTICLE 70

This Convention shall apply to all territories for whose international relations a

Contracting 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.

ARTICLE 71

Any Contracting State may denounce this Convention by written notice to the

depository of this Convention. The denunciation shall take effect six months after

receipt of such notice.

ARTICLE 72

Notice by a Contracting State pursuant to Article 70 or 71 shall not affect the

rights 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.

ARTICLE 73

Instruments of ratification, acceptance or approval of this Convention and of

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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.

ARTICLE 74

The depository shall register this Convention with the Secretariat of the United

Nations in accordance with Article 102 of the Charter of the United Nations and the

Regulations thereunder adopted by the General Assembly.

ARTICLE 75

The depository shall notify all signatory States of the following

(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.

DONE 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.

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