Section 144p. 144

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

(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 affect 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 a 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

addressed

to

the

Secretary-General

on

one

or

more

of the following

grounds:

(a) that the Tribunal was not properly constituted;

(b) that the Tribunal has 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

the

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 recognize 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 judgment 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 judgment of the courts

of a constituent state.

(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 judgments 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 a 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 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

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