The Convention For The Settlement Of Investment Disputes Between States And Citizens. Others States

Original Language Title: o Úmluvě o řešení sporů z investic mezi státy a obč. druhých států

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=40155&nr=420~2F1992~20Sb.&ft=txt

420/1992 Sb.



The COMMUNICATION FROM the



the Federal Ministry of Foreign Affairs



The Federal Ministry of Foreign Affairs communicates, on 18 November 1997. March

1965 was in Washington, negotiated the Convention on the settlement of investment disputes between

States and the citizens of other States. On behalf of the Czech and Slovak Federal

States, the Convention was signed in Washington on 12 June 2006. May 1991.



With the Convention have expressed their approval of the Federal Assembly of the Czech and Slovak

The Federal Republic and the President of the Czech and Slovak Federal

The Republic has ratified it. The ratification instrument was deposited with the

International Bank for reconstruction and development, the depositary of the Convention, on 9 April. March

1992.



Convention entered into force, pursuant to article 68 paragraph 2 day

October 14, 1966, and for the Czech and Slovak Federal Republic on the

the basis of the same article and paragraph on 8 July 2006. April 1992.



Czech translation of the Convention shall be published at the same time.



CONVENTION



on the settlement of investment disputes between States and citizens of other States



The preamble to the



The Contracting States



Posuzujíce the need for international cooperation for economic development and the role of

private international investment in this regard;



Bearing in mind the possibility that from time to time disputes may arise in

connection with such investment between the Contracting States and citizens

others of the Contracting States;



Recognizing that while such disputes would usually have been the subject of national

legal procedures may be appropriate in certain cases of international

solution methods;



Přikládajíce special meaning availability of funds to facilitate the

international conciliation or arbitration procedures, which, if they so wished,

the Contracting States and nationals of other Contracting States to submit such

disputes;



Desiring to create such funds under the auspices of the International Bank

for reconstruction and development;



Recognizing that the mutual consent of the parties to submit such disputes, the conciliation

or arbitration under the usage of these resources creates a binding

the agreement, which requires in particular that has been properly assessed for any

recommendations of the magistrates and met any arbitration decision; and



Declaring that no State party will be without his consent and only

on the basis of the ratification, acceptance or approval of this Convention, any

in the manner required to submit any specific dispute to conciliation or

arbitration,



have agreed as follows:



Chapter I



The International Centre for settlement of investment disputes



Section 1



Establishment and organization



Article 1



(1) there is hereby established the International Centre for settlement of investment disputes

(hereinafter referred to as "the Centre").



(2) the purpose of the Centre will facilitate the conciliation or arbitration dispute resolution

of investment between the Contracting States and the citizens of other States parties in

accordance with the provisions of this Convention.



Article 2



The seat of the Centre will be in the main Office of International Bank for reconstruction and

Development (hereinafter referred to as "the Bank"). The registered office may be transferred to a different place on the

the basis of the decision of the Administrative Council adopted by a two-thirds majority

of its members.



Article 3



The Centre will have a Governing Board and a secretariat, and will lead the list

magistrates and the list of arbitrators.



Section 2



The Management Board



Article 4



(1) the Management Board will be made up of one representative from each of the contractual

State. In the absence of a representative at the hearing or its

incapacity to act for him may be representative.



(2) unless otherwise provided, each Governor and representative of the

the Governor of the Bank appointed by the Contracting State ex officio (by virtue of their

function) its representative, or the representative of the representative.



Article 5



President of the Bank will be ex officio Chairman of the Board of Directors (hereinafter referred to as

"The Chair"), but will not have the right to vote. At the time of his absence

or incapacity to act of any authority, and during the abeyance

the President of the Bank, will act as Chairman of the Board, the person who is

provisionally as President.



Article 6



(1) Notwithstanding the powers and functions shall be exercised by the Management Board in accordance with

other provisions of this Convention, the Management Board shall:



(a) adopt the Centre's administrative and financial rules,



(b) adopt rules of procedure for conciliation and arbitration,



(c) adopt rules of procedure for conciliation and arbitration (hereinafter referred to as Rules

conciliation and arbitration rules)



(d) approve the agreement with the Bank concerning the facilitation of administrative procedures and

the services of the Bank,



(e) lays down the conditions for the work of the Secretary-General and of all the representatives of the

the Secretary General,



(f) adopt the annual budget of revenue and expenditure of the Centre,



(g) approve the annual report on the activities of the Centre.



The decisions referred to in points (a), (b), (c) and (f) shall be adopted

a two-thirds majority of the members of the Management Board.



(2) the Board may appoint such committees as it deems necessary.



(3) the Management Board shall also exercise such other powers and

to hold such other functions as it deems necessary for the performance

the provisions of this Convention.



Article 7



(1) the Board will conduct an annual meeting and such other

the meeting, which may decide to convene the Council, or is the President or

the Secretary-General, at the request of at least five members of the Council.



(2) each Member of the Management Board will have one vote and all matters

submitted to the Council shall be determined by majority of the votes cast, if the

not otherwise provided for in this respect.



(3) the Quorum for any meeting of the Board of Directors will be the majority of its

members.



(4) the Board may provide for a two-thirds majority of its members

the procedure by which the President may request the Council vote without

convening meetings of the Council. The vote will be considered valid only

If a majority of the Council members shall cast their votes within the time limit

provided for by the said procedure.



Article 8



Members of the Board or the President are no reward from the resources

Of the Centre.



Section 3



The Secretariat of the



Article 9



The Secretariat is composed of the Secretary-General, one or more

the representatives of the Secretary-General and the staff of the Secretariat.



Article 10



(1) the Secretary General and any Assistant Secretary General

they will be elected by the Administrative Council, by a two thirds majority of its members on the

based on the proposal of the President of the period of service not exceeding six years and

It is possible to choose the correct again for the next period. After consultation with the members of the

the Administrative Council the Chairman shall propose one or more candidates for each of the

These functions.



(2) the functions of the Secretary General and Deputy Secretary General shall be

incompatible with the exercise of any political function. Or General

the Secretary or Deputy Secretary General must not engage in any

other employment or occupation, if the Management Board does not approve it.



(3) in the absence of the Secretary-General or his incapacity

Act and at the time of any function of the Secretary-General, abeyance

his representative will act as Secretary General. If you will be more than

one representative of the Secretary-General, the Administrative Council shall determine the order

in which they will act as Secretary General.



Article 11



The Secretary-General will be the legal representative and the head of the Centre and

will be responsible for its administration, including the appointment of workers in accordance with the

the provisions of this Convention and the rules adopted by the Board. Will

perform the functions of the Registrar and will have the power to verify the accuracy

arbitration decisions adopted under this Convention and to verify their

a copy of the.



Section 4



Lists



Article 12



List of justices of the peace and a list of arbitrators shall each consist of a

qualified persons appointed as set out below, which are

willing to play this feature.



Article 13



(1) each Contracting State may designate to each list four persons,

that may or may not be its citizens.



(2) the President may appoint in each list for ten people. Persons so

appointed to the list have each a different nationality.



Article 14



(1) persons appointed to the lists will be persons of high moral qualities

and recognized expertise in the areas of law, business, industry or

Finance, to which belong, they will issue an independent judgment.

Expertise in the field of rights for persons included in the list of arbitrators

a special meaning.



(2) when appointing people to the lists will be the Chairman of pay due

attention to the fact that the lists represented major legal systems

the world and the main forms of economic activity.



Article 15



(1) the members referred to in the list will be active for a renewable period of six

years of age.



(2) in case of death or resignation of a member on the list, has a body that

Member, the right to appoint another person to the function on the rest of the

the term of Office of that Member.



(3) the members on the list will continue to perform his duties until the

appointed their successors.



Article 16



(1) one person may appear in both lists.



(2) if the person to be appointed to the same list in more than one

Contracting State or one or more of the Contracting States and by its Chairman,

It is considered the person nominated by the authority which appointed her as the first,

or, if one of these institutions State of which that person is

citizen, named by that State.



(3) any appointment shall be notified to the Secretary-General and shall enter

in force on the date on which the notification is received.



Section 5



The Financing Of The Centre



Article 17




If the expenditure of the Centre cannot be covered from fees for the use of

its services or other income, the difference will be charged to the Contracting States,

that are members of the Bank, in proportion to their shares in the capital of the Bank, and

Contracting States which are not members of the Bank, in accordance with the rules

adopted by the Board.



Section 6



Status, immunities and privileges



Article 18



Internationally, the Centre will have full legal personality. Legal

competence of the Centre will include the ability to:



and) enter into contracts;



(b)), to acquire movable and immovable property and to dispose of it;



(c)) legal proceedings.



Article 19



The Centre will enjoy in the territory of each Contracting State immunities and

privileges as set out in this section in order to fulfill its functions.



Article 20



The Centre, its property and assets shall enjoy full judicial immunity with

except in the case when the Centre waives this immunity.



Article 21



Chairman, members of the Board, the person in the justices of the function or

arbitrators or members of the Committee appointed under article 52 paragraph (3) and

the officials and staff of the Secretariat



and shall enjoy judicial immunity) with regard to the tasks that are carried out

in the performance of their functions, except in the case when the Centre of the

immunity gives up,



(b)) if there are local citizens, shall enjoy the same immunities from

immigration restrictions, alien registration requirements and obligations

national service, the same advantages concerning restrictions on shift and the same

treatment with respect to travel provided by Contracting States remission

representatives, officials and employees of comparable rank of

the other Contracting States.



Article 22



The provisions of article 21 shall apply to a person acting on the negotiations

under this Convention as parties, agents, legal advisors, lawyers,

witnesses or experts, this is true provided that the letter (b)

used only in connection with their travel to and from the place where the

proceedings and with their residency at this point.



Article 23



(1) the archives of the Centre shall be inviolable, wherever they are.



(2) as regards relations with the authorities, each Contracting State will provide

Resort treatment no less favourable than the other

to international organisations.



Article 24



(1) the Centre, its assets, property and income as well as its activities and

the transaction, to which it is entitled to under the Convention, will be exempt from

all taxes and customs fees. The Centre will also be exempted from

the obligation to collect or pay any tax or customs fees.



(2) with the exception of local citizens will be no tax on contributions to

expenses paid by the Centre to the Chairman or members of the management board or in

relation to them, or of the wages, allowances for expenses or other revenue

paid officers or employees of the Secretariat of the Centre, or in the

relation to them.



(3) no tax will be imposed on the fees or expenses or contributions

persons in relation to them in the function of magistrates or arbitrators, or

members of the Committee appointed under article 52, paragraph 3 of the law

proceedings under this Convention, if the sole legal basis for such a

the tax is the seat of the Centre or the place where such charges are or

the contributions paid.



Chapter II



The jurisdiction of the Centre



Article 25



(1) the jurisdiction of the Centre shall apply to any legal dispute

arising directly from an investment between a Contracting State (or by a body or

representation of a Contracting State designated by the Centre by that State) and a citizen of the

another Contracting State, which the parties in dispute agree in writing that the

will be submitted to the Center. If the parties made consent, no

of them unilaterally revoke your consent.



(2) "national of another Contracting State" means:



and) any natural person who had citizenship of another Contracting

State other than the State party in the dispute, on the day when the parties have agreed

to submit such dispute to conciliation or arbitration, as well as on the date

to which the application was registered in accordance with article 28, paragraphs (3) or

Article 36 paragraph (3), but does not include any person having both

the data also citizenship of a Contracting State party to the dispute:



b) any legal person, who had the jurisdiction of another Contracting

State other than the State party in the dispute, on the day when the parties

agree to submit such dispute to conciliation or arbitration, and

any legal entity, which had jurisdiction of the Contracting Parties

State in a dispute on that date and that on the basis of foreign control

where the parties agree, should be for the purposes of this Convention, be considered

the body of another Contracting State.



(3) the consent of the competent authority or agency of a Contracting State will be

require the approval of the State if the State has not notified the Centre

such approval is not required.



(4) Any Contracting State may, at the time of ratification, acceptance or

approval of this Convention or at any later time, notify the

Centre of the type or types of dispute which in his opinion should or

not be subject to the jurisdiction of the Centre. The Secretary-General of the

shall promptly forward this notification to all Contracting States. Such

notice will be deemed to consent required by paragraph 1.



Article 26



Consent of the parties to arbitration under this Convention will be considered,

unless stated otherwise, for consent to such arbitration with

the exclusion of any other resource. A Contracting State may require

the exhaustion of local administrative or judicial procedures, as a condition to

its consent to arbitration under this Convention.



Article 27



(1) No Contracting State fails to provide diplomatic protection and does not apply

international claim with respect to the dispute which one of its citizens and

other Contracting State have agreed to accept to be submitted or

submitted to arbitration under this Convention, with the exception of the case,

that such other State party has not complied with, and yet because of the decision taken in

This dispute.



(2) Diplomatic protection for the purposes of paragraph 1 shall not include the

informal diplomatic exchanges for the mere purpose of facilitating the solution of the dispute.



Chapter III



Conciliation procedure



Section 1



Request for conciliation



Article 28



(1) Any Contracting State or a national of a Contracting State which will

wish to initiate conciliation proceedings, it shall send a request in writing for this purpose

the Secretary-General, who shall send a copy of the request to the other party.



(2) the request shall contain information regarding the subject matter of the dispute,

the designation of the parties and their consent to conciliation in accordance with the

rules of procedure for conciliation and arbitration.



(3) the Secretary-General registers the request if it does not detect, based on

the information contained in the request, that the dispute is clearly does not apply to judicial

the powers of the Centre. Registration or refusal of registration shall notify the

parties without delay.



Section 2



The creation of a Conciliation Commission



Article 29



(1) the Conciliation Commission (hereinafter referred to as the Commission) will be created as soon as possible after

registration of the application referred to in article 28.



(2)



(a) the Commission will consist of one justice of the peace, or any

an odd number of Justices appointed by agreement of the parties.



(b) in the event that the parties do not agree on the number of magistrates and on the

the method of their appointment, the Commission will consist of three conciliation

the judges, one of whom will be appointed by the justices of each party and

the third, who shall be Chairman of the Commission shall be appointed by agreement of the parties.



Article 30



If the Commission is not created within 90 days after the General

the Secretary-General sent a message about registration of the application in accordance with article 28 of the

paragraph (3) or such other period that the parties may agree,

shall be appointed by the President on the request of either party, and, if possible, after

consultation with the two parties of the Justice of the peace or justice of the peace who

have not yet been appointed.



Article 31



(1) the justices of the peace may be appointed and outside the list of justices of the peace with

the appointment of the President, except in cases referred to in article 30.



(2) the justices of the peace appointed out of the list of justices of the peace must have the

the conditions set out in article 14, paragraph 1. 1.



Section 3



Conciliation procedure



Article 32



(1) the Commission shall be the Court with its own powers.



(2) any objection raised by a party in a dispute, that this dispute does not fall within

the jurisdiction of the Centre, or for other reasons is not within the

powers of the Commission, will be evaluated by the Commission, which will determine whether it

will be addressed as a preliminary question or whether it assigns to the factual

the essence of the dispute.



Article 33



Any arbitration will be conducted in accordance with the provisions of this section

and with the exception of cases, when the parties agree otherwise, in accordance with the

Conciliation rules in force on the date on which the parties have agreed on the

conciliation. If there are any procedural question that is not

modified this section or Conciliation Rules or other rules

agreed by the parties, shall decide the question of the Commission.



Article 34



(1) the duties of the Commission will clarify the matters at issue between the parties

and seek to reach agreement among them on the basis of mutually acceptable

terms and conditions. For this purpose, the Commission may at any stage of the proceedings and from time

time to recommend the conditions for a solution to the parties. The Parties shall in good faith

cooperate with the Commission in order to allow the Commission to perform its functions and

assess what most seriously its recommendations.




(2) if the parties reach an agreement, the Commission shall prepare a report indicating the

contested issues, and noting that the parties have reached agreement. If

the Commission will have in any stage of the proceedings considered that the agreement between the parties

It is not likely that encloses the proceedings and shall draw up a report on how the dispute was

being discussed and that the parties failed to reach agreement. If one

of the parties does not appear or does not attend the proceedings, the Commission shall close the proceedings and

shall draw up a report on how the party did or did not attend.



Article 35



If the parties to the dispute otherwise agree, neither party will

the conciliation procedure shall be entitled to apply in the next procedure, whether before

an arbitral tribunal or the Court of Justice or elsewhere, the views expressed

or claims, a confession or the menus on the solution made by the other party in

conciliation or message or any recommendations made by the Commission

nor is it pleaded.



Chapter IV



The arbitration proceedings



Section 1



The request for arbitration



Article 36



(1) Any Contracting State or any national of a Contracting State which

wishes to commence arbitration, in writing for this purpose turns on

the Secretary-General, who shall send a copy of the request to the other party.



(2) the request shall contain information on contested issues,

the designation of the parties and their consent to arbitration in accordance with the

the rules of procedure for conciliation and arbitration.



(3) the Secretary General shall register the application, if, on the basis of information

contained in the request does not detect that the dispute is clearly does not apply to judicial

the powers of the Centre. Registration or refusal of registration shall notify the

parties without delay.



Section 2



The creation of the Arbitration Court



Article 37



(1) the arbitral tribunal (hereinafter the Court) will be created as soon as possible after

registration of applications under article 36.



(2)



(a) the Court will consist of one arbitrator or any odd

the number of arbitrators appointed by agreement of the parties.



(b) in the event that the parties cannot agree on the number of arbitrators and the method of

their appointment, the Court will consist of three arbitrators, one of whom

the arbitrator will be appointed by each party and the third, who shall be Chairman

The Court will be appointed by agreement of the parties.



Article 38



If the Court will not be created within 90 days after the General

the Secretary-General delivered a report on the registration of the application in accordance with article 36

paragraph 3, or other further period to which the parties may agree,

shall be appointed by the President on the request of either party, and, if possible, after a thorough

consultation with both sides of one or more arbitrators, who have not been

appointed. Arbitrators appointed by the President under this article will not be

citizens of a Contracting State which is a party to the dispute, or contractual

the State of which a citizen is a party to the dispute.



Article 39



The majority of the arbitrators will be citizens of other States than the State party, that

is a party to the dispute and the Contracting State whose citizen is a party to the dispute;

However, the provisions of this article shall not apply

in the case where one arbitrator or each individual Member of the Court was

appointed by agreement of the parties.



Article 40



(1) the Arbitrator may be appointed and outside of a list of arbitrators, except

the appointment of the Chairman of the cases referred to in article 38.



(2) arbitrators appointed outside the list of arbitrators must have the prerequisites

referred to in article 14, paragraph 1.



Section 3



Powers and functions of the arbitral tribunal



Article 41



(1) the Court will be the Court with its own powers.



(2) any objection raised by a party in a dispute, that this dispute does not fall within

the jurisdiction, or for other reasons is not within the jurisdiction of the Court,

This will be assessed by the Court, which will determine whether she will be addressed as

question, or whether it assigns to the merits of the dispute.



Article 42



(1) the Court shall decide the dispute in accordance with such rules of law on which

agreed by the parties. If there is such an agreement, the Court shall apply the law of a Contracting

a State which is a party to the dispute (including its standards of the conflict) and such

rules of international law that may be used.



(2) the Court shall not give statement under the principle of non liquet on the basis

lack of or lack of clarity of the law.



(3) the provisions of paragraph 1. 1 and 2 cannot prevent the Court to decide the dispute in accordance with

the principle of ex aequo et bono, if the parties agree.



Article 43



The Court may at any stage of the proceedings, if it considers it necessary and

unless the parties agree otherwise,



and) invite Parties to submit documents or other evidence and



(b)) visit the place associated with the dispute and conduct such surveys here

deems appropriate.



Article 44



Any arbitration will be conducted in accordance with the provisions of this

section, and except where otherwise agreed by the parties, in accordance with the rules

arbitration in force on the date on which the parties have agreed on the

arbitration. If there are any procedural question that is not

modified this section or the rules of the arbitration or other

the rules agreed by the parties, the Court will decide this question.



Article 45



(1) If a party fails to appear or fails to submit its opinion, it will not be

refer to the consent of the other party's claim.



(2) if at any stage of the proceedings or the person fails to appear does not submit

its opinion, the other party may ask the Court to address the

the issues submitted to it and to render a decision. Before the "

the decision of the Court turns to the side, who has not appeared, or

did not submit its opinion, and grant it the necessary time to do so, unless

contented himself with the fact that this party does not intend to do so.



Article 46



With the exception of cases, when the parties have agreed otherwise, the Court will address,

When the Party asked each other or additional claim or

counterclaim arising directly out of the subject matter, provided that it is

in accordance with the agreement of the parties and otherwise falls within the jurisdiction of the Centre.



Article 47



With the exception of cases, when the parties have agreed otherwise, the Court may recommend

If it considers that circumstances so require, any provisional

measures should be taken to preserve the respective rights of each

of the parties.



Section 4



The arbitration award



Article 48



(1) the Court shall decide disputes by a majority vote of all its members.



(2) the arbitration award will be issued in writing and shall be signed by the members of the Court,

who voted on it.



(3) the arbitrator will deal with each question submitted by the Court and

shall state the reasons on which it is based.



(4) each Member of the Tribunal may attach their own opinion to the judge

find, either disagree with or agree with it mostly, or representation

their disagreement.



(5) the Centre shall not publish decisions without the consent of the parties.



Article 49



(1) the Secretary General shall send certified copies thereof to arbitration without delay

the award to the parties. The arbitration award will be considered to be issued on the date on

which were certified copies sent.



(2) on application by a party made within 45 days after the date on which it was issued

the arbitration award, the Court may, after notification to the other party decide

any question in the award failed to decide and repairs

any typographical, numerical or similar errors in the award. His

the decision shall become part of the award and will be notified to all parties

in the same way as the arbitration award. The time limit referred to in article 51

paragraph 2 and article 52 paragraph 2 shall start running from the date on which it was

the decision was issued.



Section 5



Interpretation, revision and annulment of the arbitration award



Article 50



(1) if there is any dispute between the parties concerning the interpretation or scope of the

of the award, either party may request its interpretation of the written

requests addressed to the Secretary-General.



(2) if possible, the request will be submitted to the Court which issued the judge

finding. If it is not possible, the Court will be created pursuant to section 2 of this

Chapter. The Court may, if it considers that circumstances so require, suspend

the performance of the award pending its decision.



Article 51



(1) any party may request a review of an arbitration award in a writing

requests addressed to the Secretary-General, on the basis of the findings of some

the fact of such a nature, that significantly affects the

the award, provided that at the time of the award

This fact was not known to the applicant and to the Court of the claimant's ignorance of the

This fact was not caused by negligence.



(2) the application shall be enforced within 90 days after becoming aware of the facts and in

any case within three years from the date on which the arbitration award was issued.



(3) the request will be submitted to the Court which issued the judge

finding. If it is not possible, the Court will be created pursuant to section 2 of this

Chapter.



(4) the Court may, if it considers that circumstances so require, suspend the performance of the

of the award pending its decision. If the applicant requests

suspension of implementation of the award, the performance will be provisionally suspended

until the Court decides on the request.



Article 52



(1) any party may request the annulment of an arbitration award in a writing

requests addressed to the Secretary-General from one or more

the following reasons:



and the Court was not properly created);



(b)) the Court manifestly exceeded its powers;



(c) a member of the Court) on the side of corruption occurred;



(d)), there was a serious violation of the fundamental rules of procedure; or



(e)) in the award have not been given the reasons on which it is based.




(2) the request will be applied to 120 days from the date on which it was handed down

the arbitration award except where the cancellation is requested due to the

corruption; such request shall be applied to 120 days of the detection of corruption and

in any event, within three years from the date on which the award was

issued.



(3) After receipt of the application, without delay, shall designate the Chairman from a list of arbitrators

a three-member ad hoc Committee. No member of the Committee will not be of members of the Court, that

issued by an arbitration award, will not be of the same nationality as any of the

These members will not be a citizen of a State which is a party to the dispute or

the State of which a citizen is a party in the dispute, was not named to the list

the arbitrators in any of these States, and acted as a Justice of the peace in the same

the dispute. The Committee will have the power to annul an arbitration award, or any

part of it for any reason referred to in paragraph 1.



(4) the provisions of articles 41 to 45, 48, 49, 53 and 54, and chapters VI and VII of the

will apply also to proceedings before the Committee.



(5) the Committee may, if it considers that circumstances so require, suspend

the performance of the award pending its decision. If the applicant requests

suspension of implementation of the award, the performance will be provisionally suspended

until the Committee decides on this request.



(6) if the arbitration award is cancelled, it will be the dispute at the request of either

the parties submitted new Court created under paragraph 2 of this

Chapter.



Section 6



Recognition and enforcement of an arbitration award



Article 53



(1) the arbitration award shall be binding on the parties and will not be subject to appeal

or any other appeal, with the exception of those

are listed in the Convention. Each Party shall abide by and comply with

conditions of the award, except for the interruption of the supply of

the relevant provisions of this Convention.



(2) for the purposes of this section "arbitration award" will include any

decision of review or appeal, interpreting this finding

in accordance with articles 50, 51 or 52.



Article 54



(1) each Contracting State shall recognize an award issued under this Convention

as a binding and will enforce on its territory of monies

stored in the arbitration award, as if it were a final judgment of a court in

This state. Contracting with the Federal State may enforce

such a decision on its federal courts or their

through and may determine that these courts will deal with

arbitration, as if it were a final judgment of the courts

of their own State.



(2) the party seeking recognition or enforcement in the territory of the Contracting

State shall send to the competent court or other authority of that State to

this purpose, declare a copy of the award certified by the

Secretary. Each State party shall notify the Secretary-General of destination

the competent court or other authority for this purpose and any

subsequent change in that determination.



(3) the enforcement of an arbitration award shall be governed by laws regarding the performance

of judgments in force in the State on whose territory such performance

asks.



Article 55



The provisions of article 54 shall be construed as excluding the law applicable in

any Contracting State relating to immunity of that State, or

as the exclusion of any foreign State from enforcement.



Chapter V



Replacement and removal of magistrates and arbitrators



Article 56



(1) after it was formed, the Commission or the Court, and proceedings have been instituted,

their composition is not changed. However, in the event that the Justice of the peace or

an arbitrator died, became incapacitated or resigned, will instead feature,

that as a result, releases, busy in accordance with the provisions of

paragraph 2 of chapter III or chapter IV, paragraph 2.



(2) the Member of the Commission or of the Court continues to work in this function without

Regardless, that ceased to be a member of the specified in the list.



(3) if the Justice of the peace or an arbitrator appointed by the party to give up their

function without the consent of the Commission or of the Court, which was a member, appointed by the

the Chairman of the appropriate list a person to fill the vacancy.



Article 57



Party may propose to the Commission or the Court of the disposal of any of its

Member, because of any evidence about the apparent lack of

the properties required by article 14, paragraph 1. A Party participating in the

arbitration may also suggest the decommissioning of an arbitrator because of

lack of eligibility for appointment to the Court under Chapter IV of

of paragraph 2.



Article 58



The decision about any proposed decommissioning of the Justice of the peace or

the arbitrator shall be accepted by other members of the Commission or of the court case from

the case provided that the Chairman shall take this decision where

These members are evenly divided, or in the case of the proposal on

disposal of only one justice of the peace or an arbitrator or the most

Justices of the peace, or the arbitrators. If it is determined that the proposal is justified,

the Justice of the peace or an arbitrator to whom the decision relates,

replaced in accordance with the provisions of paragraph 2 of chapter III or chapter

(IV) paragraph 2.



Chapter VI



The costs of proceedings



Article 59



The fees paid to the parties for the use of the Centre's services will be established

the Secretary-General, in accordance with regulations adopted by the Board.



Article 60 of the



(1) each Commission and each court shall determine the fees and expenses of its members in the

within the limits established by the Board from time to time by the Council and in consultation with the

by the Secretary-General.



(2) the provisions of paragraph 1 of this article does not preclude the parties

the Commission agreed with the appropriate Court fees and or shop Windows

of its members.



Article 61



(1) in the case of conciliation proceedings the fees and expenses of the members of the Commission

as well as the charges for use of the Centre's services paid for by the parties in equal

the work. Each Party shall pay any additional expenses, which

incurred in connection with the proceedings.



(2) in the case of arbitration shall designate the Court, except in cases where the

the parties agree otherwise, the expenses incurred by the parties in connection with the management and

decide how and by whom those expenses, fees, expenses

the members of the Court and the charges for the use of the Centre's services paid. This

the decision will be part of the award.



Chapter VII



Venue management



Article 62



Conciliation and arbitration will be held at the headquarters of the Centre with the exception of

cases that are listed below.



Article 63



Conciliation and arbitration proceedings may be, if the parties agree to

done



and at the head office), Permanent Court of arbitration or other appropriate institutions,

whether private or public, with which the Centre may, for this purpose,

to conclude an agreement, or



(b) at any other place) approved by the Commission or by the Court after

consultation with the General Secretary.



Chapter VIII



Disputes between Contracting States



Article 64



Any dispute arising between the Contracting States concerning the interpretation or

application of this Convention which is not resolved by negotiation, shall be submitted

International Court of Justice at the request of either party in this dispute,

If these States do not agree on a solution.



Chapter IX



Appendix



Article 65



Any State party may propose an amendment to this Convention. The text of the

the proposed appendix will be communicated to the Secretary-General not later than 90

days before the meeting of the Administrative Council, to which this appendix is to be

assessed, and the Secretary General shall forward it promptly to the members of the Board

of the Council.



Article 66



(1) if the Board decides by a two thirds majority of its

Members will be sent a proposed amendment to all Contracting States for ratification,

acceptance or approval. Any amendment shall enter into force 30 days after the

the depositary of this Convention shall be sent to all Contracting States of the notification that the

all Contracting States have ratified, accepted or approved this

Appendix.



(2) no amendment shall not affect the rights and obligations of any

the Contracting State under this Convention or of any of its authority or

institution, or of any citizen of this State and the arising of

consent to the jurisdiction of the Centre given before the application of this

Appendix.



Chapter X



Final provisions



Article 67



This Convention shall be open for signature by the Member States of the Bank. It will also be

open for signature to any further state that is a party to the

Statute of the International Court of Justice and that the Administrative Council invited the

the voice of two-thirds of its members to sign this Convention.



Article 68



(1) this Convention shall be subject to ratification, acceptance or approval

by the signatory States in accordance with their respective constitutional requirements.



(2) this Convention shall enter into force 30 days after the date of deposit of the 20th

instruments of ratification, acceptance or approval. The entry in the

into force for each State which subsequently deposits its instrument of ratification,

the instrument of acceptance or approval 30 days after the date of such deposit.



Article 69



Each State party shall take such legislative or other measures, which will be

necessary to ensure that the provisions of this Convention to be effective in its territory.



Article 70



This Convention shall apply to all the territories for whose international

relations is the responsibility of the State party with the exception of those that are

the State eliminated the written notification to the depositary of this Convention either at the time of

ratification, acceptance or approval or subsequently.



Article 71




Any Contracting State may denounce this Convention by written notification to

the depositary of this Convention. Denunciation shall take effect six months after

receipt of such notification.



Article 72



Notification of the Contracting State referred to in article 70 or 71 shall not affect the

the rights or obligations of this State or its organs or institutions or

any citizen of this State, that this Convention and arising from

his consent to the jurisdiction of the Centre before it was this announcement

received by the depositary.



Article 73



Instruments of ratification, acceptance or approval of this Convention and

the appendices thereto shall be deposited with the Bank, which will act as a

the depositary of this Convention. The depositary shall forward a certified copy of this Convention

the Member States of the Bank and any further State which has been invited to

the signature of this Convention.



Article 74



The depositary shall register this Convention with the Secretariat of the Organization

the United Nations in accordance with article 102 of the Charter of the United

Nations and rules on the basis of adopted by the General

by the Assembly.



Article 75



The depositary shall notify all signatory States of:



and the signatures referred to in article 67);



(b) instruments of ratification,) the imposition of instruments of acceptance or approval in accordance with

Article 73;



(c)) the date on which this Convention enters into force in accordance with article 68;



d) exemptions from territorial jurisdiction pursuant to article 70;



e) date on which shall enter into force the amendment to this Convention in accordance with article

66; and



f) termination in accordance with article 71.



Given in Washington, in the English, French and Spanish languages,

While all three texts being equally authentic, in a single copy,

that will remain in the archive of the International Bank for reconstruction and development, which

expressed by signing the consent agreement that will fulfil the functions with which it is

This Convention.