Section 141p. 141

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(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 fulfill its functions, it shall enjoy in

the territories of each Contracting State the immunities

and privileges set forth in this Section.

ARTICLE 20

The Centre, its property and assets shall enjoy immunity

from all legal process, 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 sub-paragraph (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 organizations.

ARTICLE 24

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

operations

and

transactions

authorized

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.

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

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