Section 141p. 141

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

member to vote if it is satisfied that the failure to pay is

due to conditions beyond the control of the member.

Article 185. Suspension of exercise of rights and privileges

of membership

1. A State Party which has grossly and persistently violated

the provisions of this Part may be suspended from the

exercise of the rights and privileges of membership by

the Assembly upon the recommendation of the Council.

2. No action may be taken under paragraph 1 until the

Seabed Disputes Chamber has found that a State Party

has grossly and persistently violated the provisions of this

Part.

SECTION 5. SETTLEMENT OF DISPUTES AND

ADVISORY OPINIONS

Article

186.

Seabed

Disputes

Chamber

of

the

International Tribunal for the Law of the Sea

The establishment of the Seabed Disputes Chamber and

the manner in which it shall exercise its jurisdiction shall

be governed by the provisions of this section, of Part XV

and of Annex VI.

Article 187. Jurisdiction of the Seabed Disputes Chamber

The Seabed Disputes Chamber shall have jurisdiction

under this Part and the Annexes relating thereto in

disputes with respect to activities in the Area falling

within the following categories:

(a)

disputes

between

States

Parties

concerning

the

interpretation or application of this Part and the Annexes

relating thereto;

(b) disputes between a State Party and the Authority

concerning:

(i) acts or omissions of the Authority or of a State Party

alleged to be in violation of this Part or the Annexes

relating thereto or of rules, regulations and procedures of

the Authority adopted in accordance therewith; or

(ii) acts of the Authority alleged to be in excess of

jurisdiction or a misuse of power;

(c) disputes between parties to a contract, being States

Parties, the Authority or the Enterprise, state enterprises

and natural or juridical persons referred to in article 153,

paragraph 2(b), concerning:

(i) the interpretation or application of a relevant contract

or a plan of work; or

(ii) acts or omissions of a party to the contract relating to

activities in the Area and directed to the other party or

directly affecting its legitimate interests;

(d) disputes between the Authority and a prospective

contractor

who

has

been

sponsored

by a State as

provided in article 153, paragraph 2(b), and has duly

fulfilled the conditions referred to in Annex III, article 4,

paragraph 6, and article 13, paragraph 2, concerning the

refusal of a contract or a legal issue arising in the

negotiation of the contract;

(e) disputes between the Authority and a State Party, a

state enterprise or a natural or juridical person sponsored

by a State Party as provided for in article 153, paragraph

2(b), where it is alleged that the Authority has incurred

liability as provided in Annex III, article 22;

(f) any other disputes for which the jurisdiction of the

Chamber is specifically provided in this Convention.

Article 188. Submission of disputes to a special chamber

of the International Tribunal for the Law of the Sea or an

ad hoc chamber of the Seabed Disputes Chamber or to

binding commercial arbitration

1. Disputes between States Parties referred to in article

187, subparagraph (a), may be submitted:

(a) at the request of the parties to the dispute, to a special

chamber of the International Tribunal for the Law of the

Sea to be formed in accordance with Annex VI, articles 15

and 17; or

(b) at the request of any party to the dispute, to an ad hoc

chamber of the Seabed Disputes Chamber to be formed

in accordance with Annex VI, article 36.

2.

(a)

Disputes

concerning

the

interpretation

or

application

of

a

contract

referred

to

in

article

187,

subparagraph (c)(i), shall be submitted, at the request of

any

party

to

the

dispute,

to

binding

commercial

arbitration,

unless

the

parties

otherwise

agree.

A

commercial arbitral tribunal to which the dispute is

submitted

shall

have

no

jurisdiction

to

decide

any

question of interpretation of this Convention. When the

dispute also involves a question of the interpretation of

Part XI and the Annexes relating thereto, with respect to

activities in the Area, that question shall be referred to the

Seabed Disputes Chamber for a ruling.

(b) If, at the commencement of or in the course of such

arbitration, the arbitral tribunal determines, either at the

request of any party to the dispute or proprio motu , that

its

decision

depends

upon

a

ruling

of the Seabed

Disputes Chamber, the arbitral tribunal shall refer such

question to the Seabed Disputes Chamber for such

ruling. The arbitral tribunal shall then proceed to render

its award in conformity with the ruling of the Seabed

Disputes Chamber.

(c) In the absence of a provision in the contract on the

arbitration procedure to be applied in the dispute, the

arbitration shall be conducted in accordance with the

UNCITRAL Arbitration Rules or such other arbitration

rules as may be prescribed in the rules, regulations and

procedures of the Authority, unless the parties to the

dispute otherwise agree.

Article 189. Limitation on jurisdiction with regard to

decisions of the Authority

The Seabed Disputes Chamber shall have no jurisdiction

with

regard to the exercise by the Authority of its

discretionary powers in accordance with this Part; in no

case shall it substitute its discretion for that of the

Authority. Without prejudice to article 191, in exercising its

jurisdiction pursuant to article 187, the Seabed Disputes

Chamber shall not pronounce itself on the question of

whether any rules, regulations and procedures of the

Authority are in conformity with this Convention, nor

declare

invalid

any

such

rules,

regulations

and

procedures. Its jurisdiction in this regard shall be confined

to deciding claims that the application of any rules,

regulations and procedures of the Authority in individual

cases

would

be

in

conflict

with

the

contractual

obligations

of

the

parties

to

the

dispute

or

their

obligations under this Convention, claims concerning

excess of jurisdiction or misuse of power, and to claims for

damages to be paid or other remedy to be given to the

party concerned for the failure of the other party to

comply with its contractual obligations or its obligations

under this Convention.

Article 190. Participation and appearance of sponsoring

States Parties in proceedings

1. If a natural or juridical person is a party to a dispute

referred to in article 187, the sponsoring State shall be

given

notice

thereof

and

shall

have

the

right

to

participate in the proceedings by submitting written or

oral statements.

2. If an action is brought against a State Party by a natural

or juridical person sponsored by another State Party in a

dispute referred to in article 187, subparagraph (c), the

respondent State may request the State sponsoring that

person to appear in the proceedings on behalf of that

person. Failing such appearance, the respondent State

may arrange to be represented by a juridical person of its

nationality.

Article 191. Advisory opinions

The

Seabed

Disputes

Chamber

shall

give

advisory

opinions at the request of the Assembly or the Council on

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