Section 140p. 140

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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

revenues

and

expenditures of the Centre;

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

Centre.

The decisions referred to in sub-paragraphs (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 fixed 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 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

recognized

competence in the fields of law, commerce, industry or

finance, who may be relied upon to exercise independent

judgment. Competence in the field of 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.

(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

© Compiled by RGL

140 of 163