Section 143p. 143

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

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.

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 that

dispute 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 stage 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 inquiries 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 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 counterclaims 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.

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

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