3-2-2-6 CONVENTION FOR THE ESTABLISHMENT OF A EUROPEAN ORGANIZATION FOR THE EXPLOITATION OF METEOROLOGICAL SATELLITES EUMETSAT

Article 14 Disputes

1.

Any dispute between two or more Member States, or between any of them and EUMETSAT, concerning the interpretation or application of this Convention or its Annexes, that cannot be settled by or through the Council, shall, at the request of any Party to the dispute, be submitted to an Arbitration Tribunal, unless the Parties agree on another mode of settling the dispute.

2.

The Arbitration Tribunal shall consist of three members. Each Party to the dispute shall nominate one arbitrator within a period of two months reckoned from the date of receipt of the request referred to in paragraph 1 above. The first two arbitrators shall, within a period of two months reckoned from the nomination of the second arbitrator, nominate the third arbitrator, who shall be the chairman of the Arbitration Tribunal and who may not be a national of a State that is a Party to the dispute. If one of the two arbitrators has not been nominated within the required period he shall, at the request of either Party, be nominated by the President of the International Court of Justice or, if there is no agreement between the Parties to call on the latter, by the Secretary General of the Permanent Court of Arbitration. The same procedure shall apply if the Chairman of the Arbitration Tribunal has not been nominated within the required period.

3.

The Arbitration Tribunal shall itself determine its seat and establish its own rules of procedure.

4.

Each Party shall bear the cost relating to the arbitrator for whose nomination it is responsible, as well as the costs of being represented before the Tribunal. The expenditure relating to the Chairman of the Arbitration Tribunal shall be shared equally by the Parties to the dispute.

5.

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.