مرسوم
رقم (5) لسنة 2011
بالتصديق
على اتفاقية تسوية منازعات الاستثمار بين الدول
ومواطني
الدول الأخرى
===========================
،نحن
حمد بن خليفة آل ثاني أمير دولة قطر
بعد
الاطلاع على الدستور ،
.وعلى
وثيقة التصديق الصادرة في التاسع عشر من شهر ذي الحجة عام 1431 هجرية ، الموافق
للخامس والعشرين من شهر نوفمبر عام 2010 ميلادية
،وعلى
اقتراح رئيس مجلس الوزراء ووزير الخارجية
،وعلى
مشروع المرسوم المقدم من مجلس الوزراء
:رسمنا
بما هو آت
مــادة
(1)
.صُودق على اتفاقية تسوية منازعات
الاستثمار بين الدول ومواطني الدول الاخرى ، الموقعة بتاريخ 18/3/1965 ، المرفق
نصها بهذا المرسوم ، وتكون لها قوة القانون ، وفقاً للمادة (68) من الدستور
مــادة
(2)
.على جميع الجهات المختصة ، كل فيما يخصه
، تنفيذ هذا المرسوم . ويُعمل به من تاريخ صدوره . ويُنشر في الجريدة الرسمية
حمد
بن خليفة آل ثاني
أمير دولة قطر
صدر
في الديوان الأميري بتاريخ :11/3/1432هـ
الموافق :14/2/2011 م
Washington, 18 March 1965
PREAMBLE
The Contracting States
Considering the need for international cooperation for economic development,
and the role of private international investment therein;
Bearing in mind the possibility that from time to time disputes may arise in
connection with such investment between Contracting States and nationals of
other Contracting States;
Recognizing that while such disputes would usually be subject to national legal
processes, international methods of settlement may be appropriate in certain
cases;
Attaching particular importance to the availability of facilities for
international conciliation or arbitration to which Contracting States and
nationals of other Contracting States may submit such disputes if they so
desire;
Desiring to establish such facilities under the auspices of the International
Bank for Reconstruction and Development;
Recognizing that mutual consent by the parties to submit such disputes to
conciliation or to arbitration through such facilities constitutes a binding
agreement which requires in particular that due consideration be given to any
recommendation of conciliators, and that any arbitral award be complied with;
and
Declaring that no Contracting State shall by the mere fact of its ratification,
acceptance or approval of this Convention and without its consent be deemed to
be under any obligation to submit any particular dispute to conciliation or
arbitration,
Have agreed as follows
CHAPTER
I - INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES
SECTION
1 - ESTABLISHMENT AND ORGANIZATION
Article (1)
(1) There Is hereby established the international Centre for Settlement of
Investment Disputes (hereinafter called the Centre).
(2) The purpose of the Centre shall be to provide facilities for conciliation
and arbitration of investment disputes between Contracting States and nationals
of other Contracting States in accordance with the provisions of this
Convention.
Article (2)
The seat of the Centre shall be at the principal office of the International
Bank for Reconstruction and Development (hereinafter called the Bank). The seat
may be moved to another place by decision of the Administrative Council adopted
by a majority of two-thirds of its members.
Article (3)
The Centre shall have an Administrative Council and a Secretariat and shall
maintain a Panel of Conciliators and a Panel of Arbitrators.
SECTION
2 - THE ADMINISTRATIVE COUNCIL
Article (4)
(1) The Administrative Council shall be composed of one representative of each
Contracting State. An alternate 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)
(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 fulfil 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 parson
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 remedy. A Contracting State may require the exhaustion of local
administrative or judicial remedies as a condition of its consent to
arbitration under this Convention.
Article (27)
(1) No Contracting State shall give diplomatic protection, or bring an
international claim, in respect of a dispute which one of its nationals and
another Contracting State shall have consented to submit or shall have
submitted to arbitration under this Convention, unless such other Contracting
State shall have failed to abide by and comply with the award rendered in such
dispute.
(2) Diplomatic protection, for the purposes of paragraph (1), shall not include
informal diplomatic exchanges for the sole purpose of facilitating a settlement
of the dispute.
CHAPTER
III - CONCILIATION
SECTION
1 - REQUEST FOR CONCILIATION
Article (28)
(1) Any Contracting State or any national of a Contracting State wishing . to.
institute conciliation proceedings shall address a request to that effect in
writing to the Secretary-General who shall send a copy of the request to the
other party.
(2) The request shall contain Information concerning the Issues in dispute, the
identity of the parties and their consent to conciliation in accordance with
the rules of procedure for the institution of conciliation and arbitrator
proceedings.
(3) The Secretary-General shall register the request unless he finds, on the
basis of the information contained in the 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 CONCILIATION COMMISSION
Article (29)
(1) The Conciliation Commission (hereinafter called the Commission) shall be
constituted as soon as possible after registration of a request pursuant to
Article 28.
(2) (a) The Commission shall consist of a sole conciliator or any uneven number
of conciliators appointed as the parties shall agree.
(b) Where the parties do not agree upon the number of conciliators and the
method of their appointment, the Commission shall consist of three
conciliators, one conciliator appointed by each party and the third, who shall
be the president of the Commission, appointed by agreement of the parties.
Article (30)
If the Commission 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 28, 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 conciliator or
conciliators not yet appointed.
Article (31)
(1) Conciliators may be appointed from outside the Panel of Conciliators,
except in the case of appointments by the Chairman pursuant to Article 30,
(2) Conciliators appointed from outside the Panel of Conciliators shall possess
the qualities stated in paragraph (1) of Article 14.
SECTION
3 - CONCILIATION PROCEEDINGS
Article (32)
(1) The Commission 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 Commission, shall be considered by the Commission which shall determine
whether to deal with it as a preliminary question or to join it to the merits
of the dispute.
Article (33)
Any conciliation proceeding shall be conducted in accordance with the
provisions of this Section and, except as the parties otherwise agree, in
accordance with the Conciliation Rules in effect on the date on which the
parties consented to conciliation. If any question of procedure arises which is
not covered by this Section or the Conciliation Rules or any rules agreed by
the parties, the Commission shall decide the question.
Article (34)
(1) it shall be the duty of the Commission to clarify the issues in dispute
between the parties and to endeavour to bring about agreement between them upon
mutually acceptable terms. To that end, the Commission may at any stage of the
proceedings and from time to time recommend terms of settlement to the parties.
The parties shall cooperate in good faith with the Commission in order to
enable the Commission to carry out its functions, and shall give their most
serious consideration to its recommendations.
(2) If the parties reach agreement, the Commission shall draw up a report
noting the issues in dispute and recording that the parties have reached
agreement. If, at any stage of the proceedings, it appears to the Commission that
there is no likelihood of agreement between the parties, it shall close the
proceedings and shall draw up a report noting the submission of the dispute and
recording the failure of the parties to reach agreement. If one party falls to
appear or participate in the proceedings, the Commission shall close the
proceedings and shall draw up a report noting that party’s failure to appear or
participate.
Article (35)
Except as the parties to the dispute shall otherwise agree, neither party to a
conciliation proceeding shall be entitled in any other proceeding, whether
before arbitrators or in a court of law or otherwise, to invoke or rely on any
views expressed or statements or admissions or offers of settlement made by the
other party in the conciliation proceedings, or the report or any
recommendations made by the Commission.
CHAPTER
IV - ARBITRATION
SECTION
1- REQUEST FOR ARBITRATION
Article (36)
(1) Any Contracting State or any national of a Contracting State wishing to
institute arbitration proceedings shall address a request to that effect in
writing to the Secretary-General who shall send a copy of the request to the
other party.
(2) The request shall contain information concerning the issues in dispute, the
identity of the parties and their consent to arbitration in accordance with the
rules of procedure for the institution of conciliation and arbitration
proceedings.
(3) The Secretary-General shall register the request unless he finds, on the
basis of the information contained in the 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 at 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 the 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 counter-claims 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 (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
8 - 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 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
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ThiConvention 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.
Article (71)
Any Contracting State may denounce this Convention by written notice to the
depositary of this Convention. The denunciation shall take effect six months
after receipt of such notice.
Article (72)
Notice by a Contracting State pursuant to Articles 70 or 71 shall not affect
the rights or obligations under this Convention of that State or of any of its
constituent subdivisions or agencies or of any national of that State arising
out of consent to the jurisdiction of the Centre given by one of them before
such notice was received by the depositary.
Article (73)
Instruments of ratification, acceptance or approval of this Convention and of
amendments thereto shall be deposited with the Bank which shall act as the
depositary of this Convention. The depositary shall transmit certified copies
of this Convention to States members of the Bank and to any other State invited
to sign the Convention.
Article (74)
The depositary shall register this Convention with the Secretariat of the
United Nations in accordance with Article 102 of the Charter of the United Nations
and the Regulations thereunder adopted by the General Assembly.
Article (75)
The depositary shall notify all signatory States of the following:
(a) signatures in accordance with Article 67;
(b) deposits of instruments of ratification, acceptance and approval in
accordance with Article 73;
(c) the date on which this Convention enters into force in accordance with
Article 68;
(d) exclusions from territorial application pursuant to Article 70;
(e) the date on which any amendment of this Convention enters into force, in
accordance with Article 66; and
(f) denunciations in accordance with Article 71.
DONE at Washington in the English, French and Spanish languages, all three
texts being equally authentic, in a single copy which shall remain deposited in
the archives of the International Bank for Reconstruction and Development,
which has indicated by its signature below its agreement to fulfil the
functions with which it is charged under this Convention.