Section 145p. 145

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME II

appoint a person from the appropriate Panel to fill the

resulting vacancy.

ARTICLE 57

A party may propose to a Commission or Tribunal the

disqualification of any of its members on account of any

fact indicating a manifest lack of the qualities required by

paragraph

(1)

of

Article

14.

A

party

to

arbitration

proceedings

may,

in

addition,

propose

the

disqualification of an arbitrator on the ground that he

was ineligible for appointment to the Tribunal under

Section 2 of Chapter IV.

ARTICLE 58

The decision on any proposal to disqualify a conciliator or

arbitrator shall be taken by the other members of the

Commission or Tribunal as the case may be, provided that

where those members are equally divided, or in the case

of a proposal to disqualify a sole conciliator or arbitrator,

or

a

majority

of

the

conciliators

or

arbitrators, the

Chairman shall take that decision. If it is decided that the

proposal is well-founded the conciliator or arbitrator to

whom

the

decision

relates

shall

be

replaced

in

accordance with the provisions of Section 2 of Chapter III

or Section 2 of Chapter IV.

CHAPTER VI Cost of Proceedings

ARTICLE 59

The charges payable by the parties for the use of the

facilities

of

the

Centre

shall be determined by the

Secretary-General in accordance with the regulations

adopted by the Administrative Council.

ARTICLE 60

(1) Each Commission and each Tribunal shall determine

the fees and expenses of its members within limits

established from time to time by the Administrative

Council

and

after

consultation

with

the

Secretary-General.

(2) Nothing in paragraph (1) of this Article shall preclude

the

parties

from

agreeing

in

advance

with

the

Commission or Tribunal concerned upon the fees and

expenses of its members.

ARTICLE 61

(1) In the case of conciliation proceedings the fees and

expenses of members of the Commission as well as the

charges for the use of the facilities of the Centre, shall be

borne equally by the parties. Each party shall bear any

other

expenses

it

incurs

in

connection

with

the

proceedings.

(2) In the case of arbitration proceedings the Tribunal

shall, except as the parties otherwise agree, assess the

expenses incurred by the parties in connection with the

proceedings, and shall decide how and by whom those

expenses, the fees and expenses of the members of the

Tribunal and the charges for the use of the facilities of the

Centre shall be paid. Such decision shall form part of the

award.

CHAPTER VII Place of Proceedings

ARTICLE 62

Conciliation and arbitration proceedings shall be held at

the seat of the Centre except as hereinafter provided.

ARTICLE 63

Conciliation and arbitration proceedings may be held, if

the parties so agree,

(a) at the seat of the Permanent Court of Arbitration or of

any other appropriate institution, whether private or

public, with which the Centre may make arrangements

for that purpose; or

(b) at any other place approved by the Commission or

Tribunal after consultation with the Secretary-General.

CHAPTER VIII Disputes Between Contracting

States

ARTICLE 64

Any

dispute

arising

between

Contracting

States

concerning

the

interpretation

or

application

of

this

Convention which is not settled by negotiation shall be

referred to the International Court of Justice by the

application of any party to such dispute, unless the States

concerned agree to another method of settlement.

CHAPTER IX Amendment

ARTICLE 65

Any Contracting State may propose amendment of this

Convention. The text of a proposed amendment shall be

communicated to the Secretary-General not less than 90

days prior to the meeting of the Administrative Council at

which such amendment is to be considered and shall

forthwith be transmitted by him to all the members of

the Administrative Council.

ARTICLE 66

(1) If the Administrative Council shall so decide by a

majority of two-thirds of its members, the proposed

amendment shall be circulated to all Contracting States

for ratification, acceptance or approval. Each amendment

shall enter into force 30 days after dispatch by the

depositary

of

this

Convention

of

a

notification

to

Contracting

States

that

all

Contracting

States

have

ratified, accepted or approved the amendment.

(2) No amendment shall affect the rights and obligations

under this Convention of any Contracting State or of any

of its constituent subdivisions or agencies, or of any

national of such State arising out of consent to the

jurisdiction of the Centre given before the date of entry

into force of the amendment.

CHAPTER X Final Provisions

ARTICLE 67

This Convention shall be open for signature on behalf of

States members of the Bank. It shall also be open for

signature on behalf of any other State which is a party to

the Statute of the International Court of Justice and

which the Administrative Council, by a vote of two-thirds

of its members, shall have invited to sign the Convention.

ARTICLE 68

(1)

This

Convention

shall

be

subject

to

ratification,

acceptance

or

approval

by

the

signatory

States

in

accordance

with

their

respective

constitutional

procedures.

(2) This Convention shall enter into force 30 days after the

date of deposit of the twentieth instrument of ratification,

acceptance or approval. It shall enter into force for each

State which subsequently deposits its instrument of

ratification, acceptance or approval 30 days after the date

of such deposit.

ARTICLE 69

Each Contracting State shall take such legislative or other

measures as may be necessary for making the provisions

of this Convention effective in its territories.

ARTICLE 70

This Convention shall apply to all territories for whose

international relations a Contracting State is responsible,

except those which are excluded by such State by written

notice to the depositary of this Convention either at the

time

of

ratification,

acceptance

or

approval

or

subsequently.

© Compiled by RGL

145 of 163