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.
