| 1. |
A request for arbitration shall be notified to the Secretary General
of the Council of Europe.
It shall include the name of the other party to the dispute and the
subject matter of the dispute.
The Secretary General shall communicate the information so received
to all the Parties to this Convention. |
| 2. |
In the event of a dispute between two Parties one of which is a
member State of the European Economic Community, the latter itself
being a Party, the request for arbitration shall be addressed both
to the member State and to the Community, which jointly shall notify
the Secretary General, within one month of receipt of the request,
whether the member State or the Community, or the member State and
the Community jointly, shall be party to the dispute.
In the absence of such notification within the said time-limit, the
member State and the Community shall be considered as being one and
the same party to the dispute for the purposes of the application
of the provisions governing the constitution and procedure of the
arbitration tribunal.
The same shall apply when the member State and the Community jointly
present themselves as party to the dispute.
In cases envisaged by this paragraph, the time-limit of one month
foreseen in the first sentence of paragraph 4 hereafter shall be extended
to two months. |
| 3. |
The arbitration tribunal shall consist of three members: each of
the parties to the dispute shall appoint one arbitrator; the two arbitrators
so appointed shall designate by common agreement the third arbitrator
who shall be the chairman of the tribunal.
The latter shall not be a national of either of the parties to the
dispute, nor have his usual place of residence in the territory of
either of those parties, nor be employed by either of them, nor have
dealt with the case in another capacity. |
| 4. |
If one of the parties has not appointed an arbitrator within one
month following the communication of the request by the Secretary
General of the Council of Europe, he shall be appointed at the request
of the other party by the President of the European Court of Human
Rights within a further one-month period.
If the President of the Court is unable to act or is a national of
one of the parties to the dispute, the appointment shall be made by
the Vice-President of the Court or by the most senior judge to the
Court who is available and is not national of one of the parties to
the dispute.
The same procedure shall be observed if, within a period of one month
following the appointment of the second arbitrator, the Chairman of
the arbitration tribunal is not designated. |
| 5. |
The provisions of paragraphs 3 and 4 shall apply, as the case may
be, in order to fill any vacancy. |
| 6. |
Two or more parties which determine by agreement that they are in
the same interest shall appoint an arbitrator jointly. |
| 7. |
The parties to the dispute and the Standing Committee shall provide
the arbitration tribunal with all facilities necessary for the effective
conduct of the proceedings. |
| 8. |
The arbitration tribunal shall draw up its own Rules of Procedure.
Its decisions shall be taken by majority vote of its members.
Its award shall be final and binding. |
| 9. |
The award of the arbitration tribunal shall be notified to the Secretary
General of the Council of Europe who shall communicate it to all the
Parties to this Convention. |
| 10. |
Each party to the dispute shall bear the expenses of the arbitrator
appointed by it; these parties shall share equally the expenses of
the other arbitrator, as well as other costs entailed by the arbitration. |
