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1.
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Any dispute
between two or more Member States, or between any of them and the Agency,
concerning the interpretation or application of this Convention or its
Annexes, and likewise any dispute referred to in Article XXVI of Annex I,
which is not settled by or through the Council, shall, at the request of any
party to the dispute, be submitted to arbitration.
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2.
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Unless the
parties to the dispute decide otherwise, the arbitration procedure shall be
in accordance with this Article and with additional rules to be adopted by
the Council by a two-thirds majority of all Member States.
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3.
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The
Arbitration Tribunal shall consist of three members. Each party to the
dispute shall nominate one arbitrator; the first two arbitrators shall
nominate the third arbitrator, who shall be the chairman of the Arbitration
Tribunal. The additional rules referred to in paragraph 2 shall determine the
procedure to be followed if the nominations have not taken place within a
specified time.
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4.
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Member
States or the Agency, not being parties to the dispute, may intervene in the
proceedings with the consent of the Arbitration Tribunal if it considers that
they have a substantial interest in the decision of the case.
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5.
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The
Arbitration Tribunal shall determine its seat and establish its own rules of procedure.
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6.
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The award of
the Arbitration Tribunal shall be made by a majority of its members, who may
not abstain from voting. This award shall be final and binding on all parties
to the dispute and no appeal shall lie against it. The parties shall comply
with the award without delay. In the event of a dispute as to its meaning or
scope, the Arbitration Tribunal shall interpret it at the request of any
party to the dispute.
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