INVESTMENT DISPUTES AWARDS (ENFORCEMENT) I
A C t S
28 of 1966,
29 of 1974
S. 16.
THE INVESTMENT DISPUTES AWARDS
(ENFORCEMENT) ACT
[ I s r March, 1967.1
1. This Act may be cited as the Investment Disputes silorttitle.
Awards (Enforcement) Act.
2. In this Act- hierpreta-
tion. “award” means an award made pursuant to the Con-
vention and includes any decision interpreting,
revising or annulling such an award pursuant to
Article 50, 51 or 52 of the Convention but does 29/1974.
not include any award or decision relating to s-16.
minerals or any other natural resources;
“the Centre” means the International Centre for
settlement of Investment Disputes established by
the Convention;
“the Convention” means the Convention set out in the
Schedule. Schedule.
3.-(1) An award shall, subject to the provisions of this m k i o f
award. section, be enforceable in the Supreme Court as if it were
a final judgment of that Court.
(2) During any period in which, pursuant to Article
50, 51 or 52 of the Convention, enforcement of an award
has been stayed, the award shall not be enforceable under
this Act.
(3) An award which would be enforceable under this
Act shall be treated as binding for all purposes on the
parties as between whom it was made and may accordingly
be relied on by any of those parties by way of defence, set-
-. -
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2 INVESTMENT DISPUTES AWARDS (ENFORCEMENT)
off or otherwise in any legal proceedings in Jamaica and any
references in this Act to enforcing an award shall be
construed as including references to relying on an award.
Rulcs of 4. Subject to the provisions of the Convention, rules of
court may prescribe the evidence to be furnished and the
procedure to be adopted in relation to the enforcement of an
award.
court.
s w s l i m - 5. Section 6 of Chapter I of the Convention (which
pri,,iiegesof relates to the status, immunities and privileges of the
Infer- "ational Centre), shall have the force of law in Jamaica, so, however,
C e n ~ f @ r that nothing in Article 24 in that Section shall be con-
mcntof strued-
Disputca. (U) as entitling the Centre to import goods free of
customs duty without any restriction on their sub-
sequent sale in Jamaica;
( b ) as conferring on the Centre any exemption from
taxes or duties which form part of the price of
goods sold;
as conferring on the Centre any exemption from
taxes or duties which are in fact no more than
charges for services rendered.
munities and
Setlls-
Tnvcslmen LS
(c)
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INVESlii4ENT DlSPUTES AWARDS ( E N F Q E E m N T ) 3
SCHEDULE (Section 2)
CWFT6R I
International Centre for Settlemenf of Investmenf Disputes
SECTION 1
Establishment and Organization
Ariicle 1
(1) There is hereby established the International Centre for Settle-
ment 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 Contract-
ing 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 Inter-
national 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 Adminisiralive Council
Ariicie 4
(I) The Administrative Council shall be composed of one represent-
ative of each Contributing 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
b ex o m o its representative and its alternate. respectively.
Arficle 5
The President of the Bank shaU be ex omio 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
king acting a8 President 8hall act as Chairman oE thc Administrative
Council.
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4 INVESTMENT DISPUTES AWARDS (ENFORCEMENT)
Article 6
other provisions of this Convention, the Administrative Council shall-
(1) Without prejudice to the powers and functions vested in it by
(U) adopt the administrative and financial regulations of the Centre:
(bj adopt the rules of procedure for the institution of concilia-
tion 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), (bj. (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.
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INVESTMENT DlSPUTES A WARDS (ENFORCEMENT)
Arlicle 8
serve without remuneration from the Centre.
Members of the Administrative Council and the Chairman shall
SECTION 3
The Secretariat
Arlicle 9
Deputy Secretaries-General and staff.
Arlicle 10
(1) The Secretary-General and any Deputy Secretary-General shall
he 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 Chair-
man 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 he
more than one Deputy Secretary-General the Administrative Council
shall determine in advance the order in which they shall act as
Secretary-General.
ArticZe 1 1
The Secretary-General shall be the legal representative and the
principal officer of the Centre and shall he responsible for its adminis-
tration. including the appointment of staff, in accordance with the
provisions of this Convention and the rules adopted by the Adminis-
trative 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.
The Secretariat shall consist of a Secretary-General, one or more
SECTION 4
The Panels
Article 12
The Panel of Conciliators and the Panel of Arbitrators shall each
consist of qnalified persons, designated as hereinafter provided who
are willing to serve thereon.
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5
6 INVESTMENT DISPUTES A WARDS (ENFORCEMENT)
Article 13
(1) Each Contracting State may designate to each Panel four p=mns
who may but need not he its natianals.
(2) The Chairman may designate ten persons to each Panel. The
persons so designated to a Panel shall each have a ditIerent nationality.
Article 14
(1) Persons designated to serve on the Panels shall he persons of
high moral character and recognized competence in the fields of law,
commerce, industry or finance, who may he relied upon to exexise
independent judgment. Competence in the field of law shall be of
particular importance in the case of persons on the Panel of Arbitra-
tors.
(2) The Chairman, in designating persons to serve on the Panels.
shall m addition pay due regard to the importance of assuring repment-
ation on the Panels of the principal legal systems of the world and
of the main forms of economic activity.
Article IS
(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.
h f i c l e 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 he notified to the SecretarpGmeral and
shall tslneEed fmm the date. M which the notification is la?eived
SECTION 5
Financing the Centre
Article 17
If the expenditure of the Centre cannot be met out of charges for
the usc of its facilities, or out of other receipts, the excess shall be borne
by Contracting States which are members of the Bank in propation
to their respective subscriptions to the capital stock of the Bank, and
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INVESTMENT DISPUTES A WARDS (ENFORCEMENT) 7
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
Arficfe 18
capacity of the Centre shall include the capacity-
T h e Centre shall have full international legal personality. The legal
(U) to contract;
(b) to acquire and dispose of movable and immovable property;
(c) to institute legal pmedings.
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
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 Smetariat-
(U) shall enjoy immunity from legal process with respect to acts
performed by them in thc cxercise 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 app-$aring in
proceedings under this Convention as parties, agents. counsel.
advocates. witnesses 01 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.
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The Centre, its property and assets shall enjoy immunity from all
8 INVESTMENT DISPUTES A WARDS (ENFORCEMENT)
Article 23
(1) The archives of the Centre shall he inviolable, wherever they
may hc.
( 2 ) With regard to its official communications, the Centre shall he
accorded by each Contracting State treatment not less favourable than
that accorded to other national 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 mcmbers of the Administrative Council, or on or in respect of
salaries, expense allowances or other emoluments paid by rhe Centre
to officials or employees of the Secretariat
(3) No tax shall be levied on or in respect of fees or expense allow-
ances 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 jurisdic-
tional basis for such tax is the location of the Centre or the place where
such proceeding are conducted or the place where such fees or allow-
ances are paid.
CHAPTER I1
Jurisdiction of the Centre
Artick 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 with-
draw 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
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INVESTMENT DISPUTES AWARDS (ENFORCEMENT)
(6) any juridical person which had the nationality of a Contract-
ing 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 person 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 Contract-
ing 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, accept-
ance 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 notilication 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 arbitmtion 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.
CH~PTER 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
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10 INVESTMENT DZSPUTES AWARDS (ENFORCEMENT)
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 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
Constitdon of the Conciliation Commission
Article 29
(1) The Conciliation Commission (hereinafter called the Commis-
sion) 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.
(6) Where the parties do not agree upon the number of con-
ciliators and the method of their appointment, tbe 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.
Arficle 30
If the Commission shall not have been constituted withii 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 possihle.
appoint the conciliator or conciliators not yet appointed.
Article 31
(1) Conciliators may be appointed from outside the Panel of
Conciliators, except in the cam 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.
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INVESTMENT DISPUTES A WARDS (ENFORCEMENU
SELTION 3
Conciliation Proceedinfs
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 no1
withii the jurisdiction of the Centre, or for other reasons is not within
the competence of the Commission, shall be considered by the Com-
mission which shall determine whether to deal with it as a preliminary
question or to join it to the merits of the dispute.
Arficle 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) I t shall be the duty of the Commission to clarify the issues in
dispute between the parties and to endeavour to bring about agree-
ment 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 co-operate in good faith with the Commission in order to enable
the Commission to carry Gut 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 fails 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 othenuis agree, neither
party to a conciliation proceeding shall be entitled in any other pro-
ceeding, 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 Com-
mission.
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I2 IIVVESTMENT DISPUTES AWARDS (ENFORCEMENT)
CHAPTER IV
Arbitrution
SECrION 1
Request for Arbifrnrion
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
Consfitufion of !he Tribrrd
Arricle 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, appcinted
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 h o s e
national is a party to the dispute.
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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 he 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 0,’ the Tribunai
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 Iiquet 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 et h n o if the
parties so agree.
Article 43
necessary at any stage of the proceedings.
Except as the parties otherwise agree, the Tribunal may, if it deems
(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.
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14 INVESTMENT DISPUTES A WARDS (ENFORCEMENT)
Article 44
Any arbitration proceeding shall be conducted in amrdanoe 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 question 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
that 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 arc
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 he taken to pmserve 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 state-
ment of his dissent.
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INVESTMENT DISPUTES A WARDS (ENFORCEMENT) 15
(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
lnferpretation, Revision und 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 he 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.
Ariicle 51
(1) Either party may request revision of the award by an applica-
tion 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 dis-
covery 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 he possible, a new Tribunal shall
be constituted in accordance with Section 2 of this Chapter.
(4) The Tribnnal 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, enforce-
ment shall be stayed provisionally until the Tribunal rules on such
request.
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16 INVESTMENT DISPUTES AWARDS (ENFORCEMENT)
Article 52
( I ) Either party may request annulment of the award by an applica-
tion 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 awsrd has failed to state the reasons on which i t 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 recei t of the request the Chairman shall forthwith appoint
from the PaneFof Arbitlators 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 mutmdis 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, he submitted to a new Tribunal constituted in accordance with
Section 2 of this Chapter.
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1NVESTMENT DISPUTES AWARDS (ENFORCEMENT) 17
SECTION 6
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 purpose of this Section, “award” shall include any
decision interpreting, revising or annulliig such award pursuant to
Article 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 temtories as if it were a
6nal 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 desi ated for this purpose a
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 concem-
ing the execution of judgments in force in the State in whose terri-
tories 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
copy of the award certified by the Secretary- r enerd Each Contracting
Replacement and Disqualifcatim of Conciliafors and Arbiirators
Article 56
(I) 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,
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18 INVESTMENT DZSPUTES A WARDS (ENFORCEMENT)
become incapacitated, or resign, the resulting vacancy shall be filIed
in accordance with the provisions of Section 2 of Chapter I11 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 disqualifica-
tion of any of its members on account of any fact indicating a mani-
fest lack of the qualities required by paragraph (1) of Article 14. A
party to arbitration proceedings may, in addition, propose the dis-
qualification of an arbitrator on the ground that he was ineligible for
appointment to the Tribunal under Section 2 of Chapter N.
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 Chair-
man 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
111 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.
Arficle 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 Conocil 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 Tribnnal concerned
upon the fees and expenses of its members.
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INVESTMENT DISPUTES AWARDS (ENFORCEMENT) 19
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 conneztion 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
he paid. Such decision shall form part of the award.
CHAPTER VII
Place of Proceedings
Article 62
the Centre except as hereinafter provided.
Article 63
Conciliation and arbitration proceedings may be held, if the parties
so agree,
(U) 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.
Conciliation and arbitration proceedings shall be held at the seat of
CHAPTER vn1
Disputes befween Confracting 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.
CwPreRM
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
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20 lNVESTMENT DISPUTES AWARDS (ENFORCEMENT)
Administrative Council at which such amendment is to be considered
and shall forthwith he 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 &all 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 sub-
divisions or agencies, or of any national of such State arising out af
consent to the jurisdiction of the Centre given before the date of entry
into force of the amendment.
CHAFTER X
Final Provisions
Article 67
This Convention shall be open for signature on behalf of States mem-
bers of the Bank. It shall also he 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.
Arficle 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
effdive in its territories.
ArticZe 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
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INVESTMENT DISPUTES AWARDS (ENFORCEMENT) 21
Convzntion eithcr at the time of ratification, acceptance or approval
or subsequently.
Ariicle 71
notice to the depositary of this Convention.
take effect six months after receipt of such notice.
Arficle 72
Notice by a Contracting State pursuant to Article 70 or 71 shall
not aRect 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 I 3
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 I5
Any Contracting State may denounce this Convention by written
The denunciation shall
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.
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