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Article 16 Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van de Nederlandse Antillen, en Antigua en Barbuda inzake luchtvervoer tussen Antigua en Barbuda en de Nederlandse Antillen

1 Any dispute arising under this Agreement, except those that may arise under paragraph 3 of Article 13 (Pricing), that is not resolved by a first round of formal consultations may be referred by agreement of the Parties for decision to some person or body. If the Parties do not so agree, the dispute shall, at the request of either Party, be submitted to arbitration in accordance with the procedures set forth below.

2 Arbitration shall be by a tribunal of three arbitrators to be constituted as follows:

a) Within thirty (30) days after the receipt of a request for arbitration, each Party shall name one arbitrator. Within sixty (60) days after these two arbitrators have been named, they shall by agreement appoint a third arbitrator, who shall act as President of the arbitral tribunal;

b) If either Party fails to name an arbitrator, or if the third arbitrator is not appointed in accordance with subparagraph a of this paragraph, either Party may request the President of the Council of the International Civil Aviation Organization to appoint the necessary arbitrator or arbitrators within thirty (30) days. If the President of the Council is of the same nationality as one of the Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.

3 Except as otherwise agreed, the arbitral tribunal shall determine the limits of its jurisdiction in accordance with this Agreement and shall establish its own procedural rules. The tribunal, once formed, may recommend interim relief measures pending its final determination. At the direction of the tribunal or at the request of either of the Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than fifteen (15) days after the tribunal is fully constituted.

4 Except as otherwise agreed or as directed by the tribunal, each Party shall submit a memorandum within forty-five (45) days of the time the tribunal is fully constituted. Replies shall be due sixty (60) days later. The tribunal shall hold a hearing at the request of either Party or on its own initiative within fifteen (15) days after replies are due.

5 The tribunal shall attempt to render a written decision within thirty (30) days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision or award of the majority of the tribunal shall prevail.

6 The Parties may submit requests for clarification of the decision within fifteen (15) days after it is rendered and any clarification given shall be issued within fifteen (15) days of such request.

7 Each Party shall give full effect to any decision or award of the arbitral tribunal. The award of the arbitral tribunal shall be final and binding.

8 The expenses of the arbitral tribunal, including the fees and expenses of the arbitrators, shall be shared equally by the Parties. Any expenses incurred by the President of the Council of the International Civil Aviation Organization in connection with the procedures of paragraph 2b of this Article shall be considered to be part of the expenses of the arbitral tribunal.

Regeling
Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van de Nederlandse Antillen, en Antigua en Barbuda inzake luchtvervoer tussen Antigua en Barbuda en de Nederlandse Antillen
Soort
Verdrag
Geldend vanaf
01-03-2010
BWB-id
BWBV0004072
Versie
2010-03-01_0

In de hele regeling · Officiële tekst op wetten.overheid.nl