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The Convention On Conciliation And Arbitration Within The Osce

Original Language Title: Par Konvenciju par samierināšanu un arbitrāžu EDSA ietvaros

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The Saeima has adopted and the President promulgated the following laws: The Convention on conciliation and arbitration within the OSCE of article 1. 15 December 1992 Convention on conciliation and arbitration within OSCE (hereinafter the Convention) and of 28 April 1993 on the financial protocol (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. The law shall enter into force on the date of its promulgation. Until the law is put on the Convention and the Protocol in English and their translation into Latvian language. 3. article. Provided for in the Convention and the conciliator appointed arbitrator by Cabinet on the recommendation of the Minister of Justice. 4. article. The Convention and the Protocol shall enter into force of the Convention for the period specified in article 33 and in order, and on the Ministry of Foreign Affairs notified the newspaper "journal". The law adopted by the Parliament in June 1997. The President of the Parliament instead of the President a. perfected in Riga on 8 July 1997, the Convention on Acas and Arbitration within the CSCE the States parties to this Convention, being States participating in the Conference on Security and Co-operation in Europe, conscious of their obligation, as provided for in article 2, paragraph 3, and article 33 of the Charter of the United Nations, to settle their dispute peacefully of the; Emphasizing that they do not in any way impair it intends others existing institutions or mechanisms, including the International Court of Justice, the European Court of Human Rights, the Court of Justice of the European communities and the Permanent Court of Arbitration; Reaffirming their solemn commitment to settle their dispute by peaceful means and through of their decision to develop mechanisms to settle the dispute between participating States; Recalling that full implementation of all CSCE principles and the commitment is an essential element of the constitut in itself in preventing the altercation between the participating States of the CSCE; Concerned to further strengthen the commitment of the Andean stated, in particular, in the report of the Meeting of experts on Peaceful settlement of the Dispute's adopted at Valletta and endorsed by the CSCE Council of Minister of Foreign Affairs at its meeting in Berlin on 19 and 20 June 1991, have agreed as follows: CHAPTER I-GENERAL PROVISION article 1 establishment of the Court A court of Arbitration shall be established the Acas and settle in , by means of Acas and, where appropriate, arbitration, the dispute which it submitted in accordanc with it with the provision of this Convention. Article 2 the Commission and Acas Cas Tribunal 1. Acas shall be undertaken by a Commission constituted for each dispute Acas. The Commission shall be made up of a conciliator drawn from a list established in accordanc with the provision of article 3 Arbitration shall be 2 undertaken by UN Tribunal constituted for each dispute Cas. The Tribunal shall be made up of arbitrator is drawn from a list established in accordanc with the provision of article 3 4. Together, the conciliator and arbitrator of the constitut IR the Court of Acas and Arbitration within the CSCE, hereinafter referred to as "the Court". Article 3 appointment of the Conciliator 1. Each State party to this Convention shall be appoin, within two months following its entry into force, two of whom conciliator at least one is a national of that State. The other may be a national of another State participating in CSC. (A) the State which the party to this Convention to become after its entry into force shall be appoin conciliator within the its in the two months following the entry into force of this Convention for the State concerned. 2. The conciliator must be persons holding or having held senior national or international positions and possessing recognized qualifications in international law, international relations, or the settlement of the dispute. 3. the Conciliator shall be appointed for a renewable period of six years (a). Their functions may not be terminated by the appointing State during their term of Office. In the event of death, resignation or inability to attend recognized by the Bureau, the State concerned shall be appoin a new conciliator; the term of Office of the new conciliator shall be the remainder of the term of Office of the predecessors. 4. Upon termination of their period of Office, the conciliator shall continue to hear any cases that they are already dealing with. 5. The names of the conciliator shall be notified by the Registrar, who it shall enter them into a list, which shall be communicated to the Secretariat for transmission to the CSCE the CSCE participating States of. Article 4 appointment of Arbitrator 1. Each State party to this Convention shall be appoin, within two months following its entry into force, one arbitrator and one alternate, who may be its national or a national of any other participating State of the CSC. (A) the State which the Party to this Convention to become after its entry into force shall be appoin its arbitrator and the alternate within two months of the entry into force of this Convention for that State. 2. the Arbitrator and their alternate-must posses the qualifications required in their respectiv in countries for appointment to the highest judicial office or must be of recognized competence jurisconsult in international law. 3. the Arbitrator and their alternate is appointed for a period of six years, the Maya of which be renewed stands out among once. Their functions may not be terminated by the appointing State party during their term of Office. In the event of death, resignation or inability to attend, recognized by the Bureau, the arbitrator shall be replaced by his or her alternate. 4. If an arbitrator and his or her alternate die, resign or are both unable to attend, the fact of being recognized by the Bureau, new appointments will be made in accordanc with paragraph 1. The new arbitrator and his or her alternate shall complete the term of Office of their predecessors. 5. The rules of the Court may provide for a partial renewal of the arbitrator and their alternate. 6. Upon expiry of their term of Office, the arbitrator shall continue to hear any cases that they are already dealing with. 7. The name of the arbitrator shall be notified by the Registrar, who it shall enter them into a list, which shall be communicated to the Secretariat for transmission to the CSCE the CSCE participating States of. Article 5 Independence of the members of the Court and of the Registrar the conciliator, the arbitrator and the Registrar shall perform their functions in full independence. Before taking up their duties, they shall make a declaration that they will exercise their powers impartially and conscientiously. Article 6 Privileges and to the Immunit conciliator, the arbitrator, the Registrars and the agents and counsel of the parties to a dispute shall enjoy, while performing their functions in the territory of the States parties to this Convention, the privilege accorded to the immunit and persons connected with the International Court of Justice. Article 7 Bureau of the Court 1. The Bureau of the Court shall be consis of a President, a Vice-President and three other members. 2. The President of the Court shall be elected by the members of the Court from among their number. The President of the presid over the Bureau. 3. The conciliator and arbitrator shall each of the elect from among their number two members of the Bureau and their alternate. 4. The Bureau shall elect its Vice-President from among its members. The Vice-President shall be a conciliator if the President is an arbitrator, and an arbitrator if the President is a conciliator. 5. The rules of the Court shall establish the procedures for the election of the President as well as of the other members of the Bureau and their alternate. Article 8 Decision-Making procedure 1. The decision of the Court shall be taken by a majority of the members participating in the vote. Those abstaining shall not be considered participating in the vote. 2. The decision of the Bureau shall be taken by a majority of its members. 3. The decision of the Commission and Acas the Tribunal shall be taken by Cas in a majority of their members, who may not abstain from voting. 4. In the event of a tied vote, the vote of the presiding officer shall prevails. Article 9 Registrar the Court shall be appoin its Registrar and may provide for the appointment of such other officers as may be not cessary. The staff regulations of the Registry shall be drawn up by the Bureau and adopted by the States parties to this Convention. Article 10 seat 1. The seat of the Court shall be established in Geneva. 2. At the request of the parties to the dispute and in agreement with the Bureau, a Commission or an Acas Cas Tribunal may meet at another location. Article 11 rules of the Court 1. The Court shall make its own rules adop, which shall be subject to approval by States parties to this Convention. 2. The rules of the Court shall establish, in particular, the rules of procedure to be followed by the Commission and Tribunal for Acas Cas pursuan to this Convention constituted. They shall state which of these rules may not be waived by agreement between the parties to the dispute. Article 12 Working languages the rules of the Court shall establish rules on the use of languages. Article 13 Financial Protocol subject to the provision of article 17, all the costs of the Court shall be met by the States parties to this Convention. The provision for the calculation of the Costa; for the drawing up and approval of the annual budget of the Court; for the distribution of the costs among the States parties to this Convention; for the audit of the accounts of the Court; and for related matters, shall be led in a Financial Protocol to be adopted by the Committee of Senior officials. (A) the State of the bound by the Protocol become on becoming a party to this Convention. Article 14 Periodic report the Bureau shall annually present to the CSC» Council through the Committee of Senior officials (a) a report on the activities under this Convention. Article 15 notice of requests for Acas or Arbitration the Registrar of the Court shall give notice to the Secretariat of the CSCE in all requests for Acas or arbitration, for immediate transmission to the CSCE participating States of. Article 16 conduct of parties-Interim Measure 1. During the proceedings, the parties to the dispute shall refrain from any action which may aggravat the situation or further imped or prevent the settlement of the dispute. 2. The Commission may draw the attention of the Acas of the parties to the dispute submitted to it to the measure of the parties could take in order to prevent the dispute from being aggravated or its settlement made more difficult. 3. The Cas Tribunal constituted for a dispute may indicates the interim measure in that it be taken by ough the parties to the dispute in accordanc with the provision of article 26, paragraph 4 Article 17 Procedural costs the parties to a dispute and any intervening party shall each bear their own costs. CHAPTER II-competence article 18 competence of the Commission and of the Tribunal 1. Any State party to this Convention may submit to the Commission any dispute with a Acas another State party which has not been settled within a reasonable period of time through negotiation. 2. the Disputation may be submitted to the United Nations of the Cas Tribunal under the conditions stipulated in article 26 article 19 Safeguarding the Existing means of settlement Commission or an Acas 1 A Cas Tribunal constituted for a dispute shall take no further action in the case: (a) If, prior to being submitted to the Commission or the Tribunal, the dispute has been submitted to a court or tribunal whose jurisdiction in respect of the dispute the parties with a legal office under theret obligation to accept, or if such a body has already given a decision on the Merritt of the dispute; (b) If the parties to the dispute have accepted in advance the exclusive jurisdiction of a jurisdictional body other than a Tribunal in accordanc with this Convention which has jurisdiction to decide, with binding force, on the dispute submitted to it, or if the parties have agreed to seek the theret to settle the dispute exclusively by other means. 2. (A) the Acas Commission constituted for a dispute shall take no further action if, even after the dispute has been submitted to it, one or all of the parties refer the dispute to a court or tribunal whose jurisdiction in respect of the dispute the parties with a legal office under theret obligation to accept. 3. (A) the Commission shall (a) examining the Acas postpon dispute if this dispute has been submitted to another body which has competence in respect of their proposals with the formulat to this dispute. If those prior efforts do not lead to a settlement of the dispute, the Commission shall resume its work at the request of the parties or one of the parties to the dispute, subject to the provision of article 26, paragraph 1 (A) 4 State may, at the time of signing, ratifying or acceding to this Convention, make a reservation in order to ensur the compatibility of the mechanisms of dispute settlement that this Convention establish with others of the means of dispute settlement resulting from international undertaking is applicable to that State. 5. If, at any time, the parties arrive at a settlement of their dispute, the Commission or Tribunal shall remove the dispute from its list, on receiving written confirmation from all the parties concerned that theret they have reached a settlement of the dispute. 6. In the event of a disagreemen between the parties to the dispute with regards to the competence of the Commission or the Tribunal, the decision in the matter shall rest with the Commission or the Tribunal. CHAPTER III-ACAS article 20 request for the Constitution of a Commission 1. Acas Any State party to this Convention may lodge an application with the Registrar requesting the constitution of a Commission for a dispute between Acas it and one or more other States parties. Two or more States parties may also jointly lodge an application with the Registrar. 2. The constitution of a Commission may also be requested Acas by agreement between two or more States parties or between one or more States parties and one or more other CSCE participating States of. The agreement shall be notified to the Registrar. Article 21 of the Constitution of the Commission 1. Acas Each party to the dispute shall be appoin, from the list of established by the conciliator in accordanc with article 3, one conciliator to sit on the Commission. 2. When more than two States are parties to the same dispute, the States asserting the same interest may agree to appoin one single conciliator. If they do not so agree, each of the two sides to the dispute shall be appoin the same number of conciliator up to a maximum decided by the Bureau. 3. Any State which is a party to a dispute is submitted to a Commission and Acas which is not a party to this Convention, may be a person their appoin sit on the Commission, either from the list of established by the conciliator in accordanc with article 3, or from among others the person who the national of a State participating in CSC. In this event, for the purpose of examining the dispute, such persons shall have the same rights and the same obligations as the other members of the Commission. They shall perform their functions in full independence and shall make the declaration required by article 5 before taking their seats on the Commission. 4. As soon as the application or the agreement whereby the parties to a dispute have requested the constitution of a Commission is received Acas, the President of the Court shall consult the parties to the dispute as to the composition of the rest of the Commission. 5. The Bureau shall be appoin three further conciliator to sit on the Commission. This number can be increased or decreased by the Bureau, provided it is uneven. Members of the Bureau and their alternate, who are on the list of conciliator, shall be eligible for appointment to the Commission. 6. The Commission shall elect its Chairman from among the members appointed by the Bureau. 7. The rules of the Court shall stipulat the procedures applicable if an objection is raised to one of the members appointed to sit on the Commission or if that member is unable to or refus to sit at the commencemen or in the course of the proceedings. 8. Any question as to the application of this article shall be decided by the Bureau as a preliminary matter. Article 22 procedure for the Constitution of a Commission 1. Acas If the constitution of a Commission is requested by Acas means of an application, the application shall state the subject of the dispute, the name of the party or parties against which the application is directed, and the name of the conciliator or a conciliator appointed by the requesting party or parties to the dispute. The application shall also briefly indicates the means of settlement previously resorted to. 2. As soon as an application has been received, the Registrar shall notify the other party or parties to the dispute mentioned in the application. Within a period of fifteen days from the notification, the other party or parties to the dispute shall be appoin the conciliator or conciliator of their choice to sit on the Commission. If, within this period, one or more parties to the dispute have not appointed the member or members of the Commission whom they are entitled to, the appoin Bureau shall be appoin the appropriate number of conciliator. Such appointment shall be made from among the appointed conciliator is in accordanc with article 3 by the party or each of the parties involved or, if those parties have not yet appointed conciliator, from among the other conciliator not appointed by the other party or parties to the dispute. 3. If the constitution of a Commission is requested by Acas means of an agreement, the agreement shall state the subject of the dispute. If there is no agreement, in whole or in part, concerning the subject of the dispute, each party may be the formulat theret it own position in respect of such subject. 4. At the same time as the parties request the constitution of a Commission by Acas agreement, each party shall notify the Registrar of the name of the conciliator or a conciliator whom it has appointed to sit on the Commission. Article 23 Acas procedure 1. The ACAS proceedings shall be confidential and all parties to the dispute shall have the right to be heard. Subject to the provision of articles 10 and 11 and the rules of the Court, the Commission shall, after consultation with the Acas-the parties to the dispute, to determin the procedure. 2. If the parties to the dispute agree thereon, the Acas Commission may invite any State party to this Convention which has an interest in the settlement of the dispute to participat in the proceedings. Article 24 objective of Acas the Acas Commission shall assist the parties to the dispute in finding a settlement in accordanc with international law and their commitment of CSC. Article 25 result of the Acas 1. If, during the proceedings, the parties to the dispute, with the help of the Commission, reach a mutually acceptabl Acas is settlement, they shall record the terms of this settlement in a summary of conclusions signed by their representatives and by the members of the Commission. The signing of the document shall conclud the proceedings. The Council shall be informed CSC through the Committee of Senior officials of the success of the Acas. 2. When the Acas Commission consider that all the aspects of the dispute and all the possibilities of finding a solution have been explored, it shall draw up a final report. The report shall contain the proposals of the Commission for the peaceful settlement of the dispute. 3. The report of the Commission shall be notified of the Acas to the parties to the dispute, which shall have a period of thirty days in which to examin it and inform the Chairman of the Commission whethers ut300r2u willing to accept the proposed settlement. 4. If a party to the dispute does not accept the proposed settlement, the other party or parties with a no longer bound by their own acceptance thereof. 5. If, within the period prescribed in paragraph 3, the parties to the dispute have not accepted the proposed settlement, the report shall be forwarded to the CSCE Council through the Committee of Senior officials. 6. (A) the report shall also be drawn up which provides immediate notification to the CSCE Council through the Committee of Senior officials of the party where a circumstanc file it appear for Acas or leaves a procedure after it has begun. CHAPTER IV-ARBITRATION article 26 request for the Constitution of an Cas Tribunal 1. (A) the request for arbitration may be made at any time by agreement between two or more States parties to this Convention or between one or more States parties to this Convention and one or more other CSCE participating States of. 2. The States parties to this Convention may at any time by a notice addressed to the Depositary declare that they recognize as compulsory, ipso facto and without special agreement, the jurisdiction of the Cas Tribunal United Nations, subject to reciprocity. Such a declaration may be made for an unlimited period or for a specified time. It may cover all dispute or dispute concerning (a) the Status of the exclude ' s territorial integrity, national defence, title to sovereignty over land territory, or competing claims with regard to jurisdiction over other areas. 3. (A) the request for arbitration against a State party to this Convention which has made the declaration specified in paragraph 2 may be made by means of an application to the Registrar only after a period of thirty days after the report of the Commission which has the Acas deal with this dispute has been transmitted to the Council the CSC in accordanc with the provision of article 25 5.4, paragraph (a) is submitted the dispute When an Cas Tribunal in accordanc with this article, the Tribunal may, on its own authority or at the request of one or all of the parties to the dispute, we measure the inter indicates you ough to be taken by the parties to the dispute to avoid an aggravation of the dispute, the greater difficulty in reaching a solution , or the possibility of a future award of the Tribunal becoming unenforceable Owings to the conduct of one or more of the parties to the dispute. Article 27 cases before the United Nations Tribunal Cas Brough 1. If a request for arbitration is made by means of an agreement, it shall indicates the subject of the dispute. If there is no agreement, in whole or in part, concerning the subject of the dispute, each party may be the formulat theret it own position in respect of such subject. 2. If a request for arbitration is made by means of an application, it shall indicates the subject of the dispute, the States party or parties to this Convention against which it is directed, and the main elements of fact and law on which it is grounded. As soon as the application is received, the Registrar shall notify the other States party or parties mentioned in the application. Article 28 of the Constitution of the Cas Tribunal 1. When a request for arbitration is submitted, the Tribunal shall be constituted to UN Cas. 2. The arbitrator is appointed by the parties to the dispute in accordanc with article 4 are ex officio members of the Tribunal. When more than two States are parties to the same dispute, the States asserting the same interest may agree to appoin one single arbitrator. 3. The Bureau shall be appoin from among the arbitrator, (a) the number of members to sit on the Tribunal so that the members appointed by the Bureau total at least one more than the ex officio members. Members of the Bureau and their alternate, who are on the list of arbitrator, shall be eligible for appointment to the Tribunal. 4. If an ex officio member is unable to attend or has previously taken part in any capacity in the hearing of the case arising from the dispute submitted to the Tribunal, that member shall be replaced by his or her alternate. If the alternate is in the same situation, the State involved shall be appoin a member to examin the dispute pursuan to the terms and conditions specified in paragraph 5. In the event of a question arising as to the capacity of a member or of his or her alternate to sit on the Tribunal, the matter shall be decided by the Bureau. 5. Any State which is a party to a dispute submitted to Cas Tribunal and the United Nations which is not a party to this Convention, may be a person of it appoin choice to sit on the Tribunal, either from the list of arbitrator in accordanc with established in article 4 or from among other persons who with the national of a State participating in CSC. Any of the persons appointed must meet the conditions specified in article 4, paragraph 2, and for the purpose of examining the dispute, shall have the same rights and obligations as the other members of the Tribunal. The person shall perform his or her functions in full independence and shall make the declaration required by article 5 before sitting on the Tribunal. 6. The Tribunal shall be appoin its Chairman from among the members appointed by the Bureau. 7. In the event that one of the members of the Tribunal appointed by the Bureau is unable to attend the proceedings, that member shall not be replaced unless the number of members appointed by the Bureau falls below the number of ex officio members, or members appointed by the parties to the dispute in accordanc with paragraph 5. In this event, one or more new members shall be appointed by the Bureau to the paragraphs 3 and pursuan 4 of this article. A new Chairman will not be elected if one or more new members are appointed, unless the members unable to attend is the Chairman of the Tribunal. Article 29 Arbitration Procedure 1. All the parties to the dispute shall have the right to be heard during the arbitration proceedings, which shall conform to the principles of a fair trial. The proceedings shall be written on the consis of a and an oral part. The Cas Tribunal shall have, in relations to the parties to the dispute, the fact finding and investigative cessary-power to carry out its task. 3. Any CSC is participating State which consider that it has a particular interest of a legal nature likely to be affected by the ruling of the Tribunal may, within fifteen days of the transmission of the notification by the Secretariat of the CSC as specified in article 15, address to the Registrar (a) a request to interven. This request shall immediately be transmitted to the parties to the dispute and to the Tribunal constituted for the dispute. 4. If the establish the intervening State that it has such an interest, it shall be authorized to participat in the proceedings in so far as may be required for the protection of this interest. The relevant part of the ruling of the Tribunal is binding upon the intervening State. 5. The parties to the dispute have a period of thirty days in which to address their observations regarding the request for intervention to the Tribunal. The Tribunal shall render its decision on the admissibility of the request. 6. The hearing in the Tribunal shall be held in camera, unless the Tribunal decide otherwise by at the request of the parties to the dispute. 7. In the event that one or more parties to the dispute, the files appear the other party or parties may request of the theret Tribunal to decide in favour of it or their claims. Before doing so, the Tribunal must satisfy itself that it is competent and that the claims of the party or parties taking part in the proceedings with a well-founded. Article 30 Function of the Cas Tribunal the function of the Cas Tribunal shall be to decide, in accordanc with international law, such as with the dispute submitted to it. This provision shall not prejudice the power of the Tribunal to decide a case ex aequo et bono, if the parties to the dispute so agree. Article 31 Cas Awards 1. The award of the Cas Tribunal shall state the reasons on which it is based. If it does not represen in whole or in part the unanimous opinion of the members of the of the Cas Tribunal, any member shall be entitled to deliver a separate or dissenting opinion. 2. Subject to article 29, paragraph 4, the award of the Tribunal shall have binding force only between the parties to the dispute and in respect of the case to which it relate. 3. The award shall be final and not subject to appeal. However, the parties to the dispute or one of them may request that the Tribunal award it the interpre as the meaning or scope. Unless the parties to the dispute agree otherwise, such request shall be made at the latest within six months after the communication of the award. After receiving the observations of the parties to the dispute, the Tribunal shall render its interpretation as soon as possible. 4. An application for revision of the award may be made only when it is based upon the discovery of some fact of such a nature which is sharp to be a factor and which, when the decisiv the award was rendered, was unknown to the Tribunal and to the party or parties to the dispute claiming revision. The application for revision must be made at the latest within six months of the discovery of the new fact. Of the application for revision may be made after the lapse of ten years from the date of the award. 5. As far as possible, the examination of a request for interpretation or an application for revision should be carried out by the Tribunal which made the award in question. If the Bureau should find this to be impossible, another Tribunal shall be constituted in accordanc with the provision of article 28. Article 32 Publication of the Cas Award the awards shall be published by the Registrar. A certified copy shall be communicated to the parties to the dispute and to the CSCE Council through the Committee of Senior officials. CHAPTER V-FINAL PROVISION article 33 signature and Entry into force 1 this Convention shall be open. for signature with the Government of Sweden by the participating States of the CSCE until 31 March 1993. It shall be subject to ratification. 2. The participating States of the CSCE which have not signed this Convention may subsequently accede theret. 3. This Convention shall enter into force two months after the date of deposit of the twelfth instrument of ratification or accession. 4. For every State to accede to the or ratif which this Convention after the deposit of the twelfth instrument of ratification or accession, the Convention shall enter into force two months after its instrument of ratification or accession has been deposited. 5. The Government of Sweden shall serve as depositary of this Convention. Article 34 reservations this Convention may not be the subject of any reservation that it does not expressly authoriz. Article 35 Amendments 1 Amendments to this Convention must be adopted in accordanc with the following paragraph. 2. Amendments to this Convention may be proposed by any State party shall be communicated, theret and by the Depositary to the Secretariat of the CSC for transmission to the CSCE participating States of. 3. If the CSCE Council adopts the proposed text of the amendment, the text shall be forwarded by the Depositary to States parties to this Convention for acceptance in accordanc with their respectiv is constitutional requirements. 4. Any such amendment shall come into force on the thirtieth day after all States parties to this Convention have informed the Depositary of their acceptance thereof. Article 36 Denunciation 1 Any State party to this Convention may, at any time, denounc this Convention by means of a notification addressed to the Depositary. 2. Such denunciation shall become effective one year after the date of receipt of the notification by the Depositary. 3. This Convention shall, however, continue to apply for the denouncing party with respect to proceedings which are under way at the time the denunciation enter into force. Such proceedings shall be pursued to their conclusion. Article 37 notifications and communications the notifications and communications to be made by the Depositary shall be transmitted to the Registrar and to the CSCE secretariat for a further transmission to the CSCE participating States of. Article 38 Non-Parties In conformity with international law, it is confirmed that nothing in this Convention shall be interpreted to establish any obligation or commitment for CSC is participating States that are not parties to this Convention if not expressly provided for and expressly accepted by such States in writing. Article 39 Transitional Provision 1. The Court shall proceed, within four months of the entry into force of this Convention, to elect the Bureau, the rules adop it and the Registrars in the appoin accordanc with the provision of articles 7, 9 and 11. The host Government of the Court shall, in co-operation with the Depositary, make the arrangements required. 2. Until (a) the Registrar is appointed, the duties of the Registrar under article 3, paragraph 5, and article 4, paragraph 7 shall be performed by the Depositary. Done at ... in the English, French, German, Italian, Russian and Spanish languages, all six language versions being equally authentic, on. ...

Financial Protocol Established in Accordanc with article 13 of the Convention on Acas and Arbitration within the CSCE artice 1 Costa of the Court 1. All the costs of the Court established by the Convention on Acas and Arbitration within the CSCE (hereinafter referred to as "the Convention") shall be met by the States parties to the Convention. Costa of the arbitrator shall be a conciliator and Costa of the Court. 2. The obligation of the host State with respect to expenditure in connection with the premises and furniture for use by the Court, their maintence, insurance and security, as well as utilities, shall be set out in an exchange of letters between the Court acting with the consent of and on behalf of the States parties to the Convention, and the host State. Article 2 contributions to the budget of the Court 1. Contributions to the budget of the Court shall be divided among the States parties to the Convention according to the scale of distribution applicable within the CSC, basis to take into account the difference in numbers between the participating States of the CSCE and the States parties to the Convention. 2. If a State to accede to ratif or the Convention after its entry into force, it shall be equal to the contributions for the current financial year, the one-twelfth of its portions of the scale basis, as established according to paragraph 1 of this article, for each full month of the financial year which are remains after the date on which the Convention enter into force in respect of it. If a State which is not a party to the Convention to submit a dispute to the Court pursuan to the provision of article 20, paragraph 2, or article 26, paragraph 1 of the Convention, it shall contribute to the financing of the budget of the Court, for the duration of the proceedings, as if it were a party to the Convention. For the application of this paragraph, it shall be presumed the ACAS commenc on the day the Registrars receive the notice of the agreement of the parties to set up a Commission and to end on the day the Commission in its report it notifu the parties. If a party withdraw from the proceedings, these proceedings shall be considered as ended on the day of occurrence of the report specified in article 25, paragraph 6 of the Convention. The arbitration proceedings shall be presumed to start on the day the Registrars receive the notice of the agreement of the parties to establish a Tribunal and to end on the day the Tribunal will render its award. Article 3 Financial Year and budget 1. Ih financial year shall be from 1 January to 31 December. 2. The Registrar, acting with the concurrence of the Bureau of the Court shall establish each year a budget, proposal for the Court. The budget proposal for the ensuing financial year shall be submitted to the States parties to the Convention before 15 September. 3. The budget shall be approved by the representatives of the States parties to the Convention. Considerations and approval of the budget shall take place in Vienna, unless the States parties to the Convention agree otherwise. On approval of the budget for the financial year, the Registrar shall request the States parties to the Convention to make their contributions remi. If the budget is not approved by December 31, the Court will operate on the basis of the preceding budget and, without prejudice to later adjustments, the Registrar shall request the States parties to the Convention to make their contributions in accordanc remi with this budget. The Registrars shall request the States parties to the Convention to make fifty per cent of their contributions available on 1 January and the remaining fifty per cent on 1 April. 4. a decision Barring to the contrary by the representatives of the States parties to the Convention, the budget shall be established in the Swiss franc and the contributions of the States shall be paid in this currency. 5. (A) the State which accede to ratif or to the Convention after its entry into force shall pay its contribution to the first budget within two months after the request by the Registrar. 6. States which, without being parties to the Convention, have submitted a dispute to the Court, shall pay their contributions within two months after the request by the Registrar. 7. The year the Convention enter into force, the States parties to the Convention shall pay their contributions to the budget within two months following the date of deposit of the twelfth instrument of ratification of the Convention. This budget is preliminarily fixed at 250.000 Swiss francs. Article 4 Obligation. Payments and Revised budget 1. The approved budget shall constitut grenade to the Registrar, acting under the responsibility of the Bureau of the Court, to incur obligations and make payments up to the non and for the purpose of approved. 2. The Registrar, acting under the responsibility of the Bureau of the Court, is authorized to make transfers between items and sub-items of up to 15 per cent of the items/sub-items. All such transfers must be reported by the Registrar in connection with the financial statement mentioned in article 9 of this Protocol. 3. remaining undischarged Obligations at the end of the financial year shall be carried over to the next financial year. 4. If so obliged by following careful examination of circumstanc and available resources with a view to identifying savings, the Registrar is authorized to submit a revised budget, which may entail requests for supplementary appropriation, for the approval of the representatives of the States parties to the Convention. 5. Any of a given financial year surpl for shall be deducted from the assessed contributions for the financial year following the one in which the accounts have been approved by the representatives of the States parties to the Convention. Any shall be charged it raises the ensuing financial year unless the representatives of the States parties to the Convention decide on supplementary contributions. Article 5 Working Capital Fund (A) the working capital fund may be established in case the States parties to the Convention shall it necessery de. It will be funded by the States parties to the Convention. Article 6 Allowance and Nominal Retainer 1. Members of the Bureau of the Court, of the Commission and of the Acas Cas Tribunal will shall receive, for each day on which they exercise their function, a daily allowance. 2. the members of the Bureau of the Court shall additionally receive a nominal annual retainer. 3. The daily allowance and the nominal annual retainer shall be determined by the representatives of the States parties to the Convention. Article 7 Salar, Social Security and Pension 1. The Registrar and any other registry staff appointed in accordanc with article 9 of the Convention Shall receive a salary to be determined by the representatives of the States parties to the Convention. 2. The registry staff shall be limited to the strict minimum needed to ensur the operations of the Court. 3. The representatives of the States parties to the Convention shall ensur that the Registrars and the registry staff with an adequat is afforded by social security scheme and retirement pension. Article 8 Travel Expense 1 expense of which the. Travel absolutely not for exercising their functions cessary shall be paid to the members of the Bureau of the Court, of the Commission and of the Acas Cas Tribunal and to the Registrar and the registry staff. 2. Travel expense shall comprls of the actual transportation costs, including the expense of their transportation, incidentals and normally a daily allowance of subsistenc it over all charges of meal, lodging, fees and other personal expense and gratuit. The daily allowance shall be determined by the subsistenc by the representatives of the States parties to the Convention. Article 9 records and accounts 1. The Registrar, acting under the authority of the Bureau of the Court, shall ensur that appropriate records and accounts with the skipper of the transactions and that all payments are properly authorized. 2. The Registrar, acting under the authority of the Bureau of the Court, shall submit it to the States parties to the Convention, not later than 1 March, an annual financial statement showing, for the preceding financial year: (a) the income and expenditure relating to all of the accounts; (b) the situation with regards to budget provision; (c) the financial assets and liabilit to at the end of the financial year. Article 10 audit 1. The accounts of the Court shall be audited by two auditors of different nationalit, appointed for a renewable period of three years by the representatives of the States parties to the Convention. Persons appearing or having appeared on the lists of the conciliator or arbitrator or having received payment by the Court pursuan to article 7 of this Protocol may not be an auditor. 2. the Auditor shall conduct audits annually. They shall, in particular, check the accuracy of the book, the statement of assets and liabilit, and the accounts. The accounts shall be available for the annual auditing and inspection not later than 1 March. 3. the Auditor shall perform such audit as they shall not certify it de cessary: (a) that the annual financial statement submitted to them is correct and in acoordanc with the books and records of the Court, (b) that the financial transactions recorded in this statement have been affected in accordanc with the relevant rules, the provision of energy and others which may be applicable directives , and (c) that the funds on deposit and on hand have been verified by certificates received directly from the depositor to the or by actual count. 4. The Registrar shall give the auditor such assistance and facilities as may be needed for the proper discharge of their duties. An auditor shall, in particular, have free access to the books of acocunt, records and documents which, in their opinion, not for the cessary to audit. 5. the Auditor shall draw up annually a report certifying the accunt and forth the comments warranted by the audit. They may, in this context, also to make such observations as they de not regarding the efficiency of cessary financial procedures, the accounting system and the internal financial control. 6. The report shall be submitted to the representatives of the States parties to the Convention not later than four months after the end of the financial year to which the accounts refer. The report shall be transmitted to the Registrar before hand, so that he will have at least 15 days in which to furnish such explanation and justification as he may consider not cessary. 7. In addition to the annual auditing, auditors will at any time have free access to check the books, the statement of assets and liabilit, and accounts. 8. On the basis of the audit report, the representatives of the States parties to the Convention shall signify their acceptance of the annual financial statement or take such other action as may be considered appropriate. Article 11 Special Disbursemen account 1 A special disbursemen account may be established by the States parties to the Convention aimed at lowering the costs for the procedural Status of the parties to the dispute submitted to the Court which have difficult to paying these costs. It will be funded by voluntary contributions from States parties to the Convention. 2. A State party to a dispute submitted to the Court that wishes to receive funds from the special account disbursemen shall file a request to the Registrar, with a detailed statement estimating procedural costs. The Bureau of the Court shall examin the request and forwards it to recomendation to the representatives of the States parties to the Convention which shall decide whethers to grant this request and to what exten. After the case has been heard, the State having received funds from the special account disbursemen shall address to the Registrar, for study by the Bureau, a detailed statement of costs actually expended procedural and shall proceed, if need be, with reimbursing the sum in excess of the actual costs. Article 12 Decision Making All decisions by the States parties to the Convention or their representatives under this Protocol shall be taken by consensus. Article 13 Amendments to Amendments to this Protocol shall be adopted in accordanc with the provision of article 35 of the Convention. The Bureau of the Court may address its opinion on the proposed amendments to the CSC Office Secretariat for transmission to the CSCE participating States in the. This Protocol, established in the English, French, German, Italian, Russian and Spanish languages, all six language versions being equally-authentic, having been adopted by the Committee of Senior officials at Prague, on 28 April 1993 in accordanc with article 13 of the Convention on Acas and Arbitration within the CSCE is deposited with the Government of Sweden.

Convention on conciliation and arbitration within the OSCE member States, being the Convention on security and cooperation in Europe for consultations, Member States, conscious of its responsibilities under the United Nations Charter, article 2, paragraph 3, and article 33, to solve their disputes peacefully; Stressing that they have no intention to cause harm to other institutions and mechanisms, including the International Court of Justice, the European Court of human rights, the European Court of Justice and the Permanent Court of Arbitration; Reaffirming its unequivocal obligation to adjust their disputes peaceful means and their decision to develop the mechanism for the settlement of disputes between Member States of the OSCE; Recalling that all OSCE principles and commitments in the framework of full respect is an essential element in the settlement of disputes between Member States of the OSCE; in an effort to further develop and strengthen the commitments specifically designated expert consultations on Peaceful settlement of disputes adopted at Valletta report, and supported by the OSCE Foreign Ministers Council meeting in Berlin in 1991, 19 and 20 June, agreed as follows: chapter I. General provisions article 1 establishment of the Court of conciliation and Arbitration Court is created to accommodate the disputes that are submitted on the treatment under the provisions of this Convention, the path of conciliation and, where appropriate, by way of arbitration. Article 2 of the Conciliation Commission and arbitral tribunals 1. Reconciliation conducted the Conciliation Commission constituted for each dispute. The Commission consists of the conciliators, selected from a list drawn up in accordance with the provisions of article 3. 2. the arbitral tribunal made arbitration that is created for each dispute. The composition of the arbitral tribunal is composed of referees, selected from a list drawn up in accordance with the provisions of article 4. 3. The conciliators and arbitrators together creates a conciliation and arbitration court within the framework of the OSCE, hereafter referred to as "the Court". Article 3 appointment of conciliators 1. each Member State this Convention within a period of two months from the date of its entry into force, two conciliators, meaning at least one of which is a national of that State. A second conciliator can be another EDSA national of a Member State. The State, which becomes a party to this Convention after its entry into force, meaning its conciliators within two months after this Convention entered into force there. 2. The conciliator shall be a person who holds or has held high governmental or international posts, and which have a recognised qualification in international law, international relations, or the settlement of disputes. 3. The conciliator shall mean for six years with the possibility of repeating the appointment. Designating countries can not stop their activities during their term of Office. The conciliator's death, resignation or incapacity in the case of recognized by the Bureau, the State concerned means new conciliator; the new mandate of the conciliator is equal to the remaining term of the predecessor. 4. After the expiry of their term of Office the conciliator shall continue to hear cases in which they have been involved in. 5. the names of the conciliator shall notify the Registrar, who shall be included in the list submitted by the Secretariat of the OSCE, the OSCE further sent to the Member States. Article 4 of the arbitrator 1. designation of each party to the Convention during the two months following its entry into force, appoint one arbitrator and one Deputy of the arbitrator, who may be its nationals or nationals of a Member State of the OSCE. A State which becomes a party to this Convention after its entry into force, meaning his arbitrator and Deputy during the two months following the entry into force of this Convention in the country. 2. the arbitrators and their alternates must have the qualifications needed to be appointed in their countries the highest positions in the judicial institutions, or lawyers of recognised competence in the field of international law. 3. the Arbitrators and their alternates shall mean for six years with a possible appointment for another term. Designating a member cannot terminate their activity during their term of Office. The arbitrator's death, resignation or incapacity in the case of recognized by the Bureau, the arbitrator shall be replaced by his or her Deputy. 4. The arbitrator and his Deputy's death, resignation or incapacity in the case of recognized by the Bureau, the new appointment of the arbitrator pursuant to paragraph 1. The new arbitrator and his Deputy are appointed for a term of their predecessor the remaining time. 5. Rules of court may provide for partial arbitrator and Deputy renewal. 6. at the end of the term of Office, the referees continue to hear cases in which they have been involved in. 7. the names of the arbitrators shall notify the Registrar, who shall be included in the list submitted by the Secretariat of the OSCE, to then send it to the Member States of the OSCE. Article 5 the members of the Court and the independence of the Registrar the conciliators, arbitrators and the Secretary shall carry out its functions independently. Before taking office, they make a statement that will perform his functions impartially and conscientiously. Article 6 privileges and immunities the conciliators, arbitrators, Secretary, as well as the representatives of the parties to the dispute and authorized, in the performance of their functions in the territory of the Member States of the Convention, enjoys privileges and immunities as are granted to persons associated with the International Court. Article 7 of the judicial Bureau 1. The Bureau shall consist of the President, the Vice-President and three other members. 2. The President of the Court is elected by the members of the Court from among its members. The President is the President of the Bureau. 3. The conciliators and arbitrators are chosen from two of their Bureau members and alternates. 4. The Presidency shall choose a Vice President from among its members. Vice President if the President is a conciliator, arbitrator and the arbitrator is, if the President is a conciliator. 5. the President, as well as other members of the Bureau and their alternates for election procedures determined by the rules of court. Article 8 decision-making procedure 1. decisions shall be taken by members who participate in the vote. Done to not count participated in the voting. 2. the Bureau shall take decisions by a majority of its members. 3. The Conciliation Commission and the Arbitration Tribunal shall be taken by a majority vote of the members, and they must not abstain from voting. 4. If the votes are divided into similar, decisive is the sitting President. Article 9 the Secretary of court means my Secretary and may take measures for the appointment of other officers, which may prove to be necessary. The Statute of the Office staff in the development of the Bureau, and to adopt this Convention. Article 10 the court location of Court 1 is located in Geneva. 2. at the request of the parties to the dispute and the Court with the consent of the Bureau of the Conciliation Commission or an arbitral tribunal may hold hearings in the other place. 11. Article 1 of the rules of court the Court shall adopt its rules of procedure approved by the Member States of this Convention. 2. the rules of procedure of the Court shall determine the procedural rules which must be observed by the Conciliation Commission and arbitral tribunals established for the implementation of this Convention. The rules of procedure shall determine the terms of which the parties to the dispute may refuse, on the basis of an agreement between them. Article 12 working languages is determined in the rules of procedure of the Court of the language rules. Article 13 financial protocol subject to the provisions of article 17, all the court costs shall be borne by the Member States of this Convention. Regulations for the calculation of costs, the Court's annual budget process and approval, expense allocation between the Member States of this Convention, the invoice auditing and related matters is contained in the financial protocol, adopted by the Committee of senior officials. The country which has become party to this Convention, have to comply with the Protocol. Article 14 Periodic report Bureau (with the Committee of senior officials) of each year, submit to the Council a report on OSCE activities under this Convention. Article 15 notice of requests for conciliation or arbitration the Registrar sends the notification to the Secretariat of the OSCE on all requests for conciliation or arbitration in order to transfer them immediately to the Member States of the OSCE. Article 16 Parties — interim measures 1. In the course of the investigation, the parties to the dispute shall refrain from any action that may aggravate the situation or make it difficult to dispute settlement, or interfere with its tuning. 2. On the matter of dispute to the Conciliation Commission may draw the attention of the parties to the dispute to measures to perform this side to prevent the escalation of the dispute or the undue burden of adjustment. 3. the arbitral tribunal, which was created for each particular dispute, may order provisional measures, that need to take the parties, in accordance with article 26, paragraph 4. Article 17 the court costs for the parties to the dispute and any involved party it shall bear their own attorneys ' fees. Chapter II. Competence article 18 competence of the Commission and Tribunals 1. Any State party may submit the matter to the Conciliation Commission any dispute with another Member State, which is not adjusted within a reasonable time. 2. disputes can be submitted to the Arbitration Tribunal pursuant to the provisions of article 26. Article 19 the existing adjustment media retention 1. The Conciliation Commission or the arbitral tribunal constituted for a dispute shall not take any further measures necessary: (a)) If for submission to the Commission or a Tribunal of a dispute already filed in any court or tribunal whose jurisdiction in respect of the dispute the parties must be respected, or if such a body has already adopted a decision on the substance of the dispute; (b) if the parties to the dispute) previously acknowledged other than under this Convention, the institution of the Court Tribunal that has the power to make a binding decision on the dispute is submitted to a special jurisdiction, or, if the parties have agreed to seek dispute settlement completely different means. 2. Even if the dispute is submitted to a Conciliation Commission, which also created a dispute, it does not perform any further measures if one or all the parties to a dispute shall forward this to the Court or tribunal whose jurisdiction in respect of the dispute the parties must adhere. 3. The Conciliation Commission shall postpone examining a dispute if this dispute is transferred to another institution that is competent to formulate my recommendations with respect to that dispute. If such efforts are not undertaken previously helped to adjust the dispute, the Commission renewed its activity by one of the parties or at the request of the parties to the dispute, provided that you comply with article 26, paragraph 1. 4. the signing of this Convention, a State may, at the time of their ratification or accession make reservations to ensure that this Convention created the dispute settlement mechanisms in connectivity with other means of settlement of disputes arising from international obligations that apply to that country. 5. If at any time the parties reach a settlement of their dispute, the Commission or Tribunal shall terminate the proceedings, once from all parties received written confirmation that they reached a settlement to the dispute referred. 6. In the event of a dispute between parties as to the competence of the Commission or the Tribunal, the matter resolved by the Commission or the Tribunal. Chapter III. Conciliation article 20 request to create a Conciliation Commission 1. Any State party may submit to the Registrar an application with a request to create a Conciliation Commission, in the event of a dispute between it and the other Member State or several Member States. The application may also be submitted to the Secretary, two or more Member States together. 2. the request to create a Conciliation Commission may also be made by agreement between two or more Member States, or between one or more Member States and one or more other Member States of the OSCE. Such agreements are notified to the Registrar. Article 21 establishment of the Conciliation Commission 1. Each party to the dispute of the conciliator, the list drawn up in accordance with article 3, means the conciliator panelists. 2. when more than two States are parties to the same dispute, the countries that defend the same interest may agree on one common appointment of the conciliator. In the absence of such agreement, each of the two parties to the dispute means the same number of conciliators, which does not exceed the maximum quantity specified by the Bureau. 3. Every country which has submitted to the Conciliation Commission of the party to the dispute and is not a party to this Convention, may appoint a person, either from the composition of the Commission the list of conciliators drawn up according to the provisions of article 3, or of another person, which is one of the nationals of the Member States of the OSCE. In such a case, the objectives of ADR these persons have the same rights and obligations as other Members of the Commission. They discharge their functions independently and prior to the commencement of work in the Commission to make a statement, as provided for in article 5. 4. as soon as the received submissions or arrangement through which States that are parties to the dispute, please create a Conciliation Commission, the President of the Court shall hold consultations with the parties to the dispute on the other members of the Commission. 5. the Bureau means another three conciliators panelists. The Bureau may increase or decrease their number, provided that it remains odd. Members of the Bureau and their alternates, which is located in the list of conciliators may be appointed by the Commission. 6. the Commission shall choose its President from among its members, appointed by the Bureau. 7. the rules of procedure of the court procedures are specified for use in such a case, if in the beginning of the proceedings or in the course of one of the panelists appointed members have expressed opposition to or is unable or refuses to work for the Commission. 8. Any question concerning the application of this article shall be determined by the Bureau as a temporary issue. Article 22 conciliation procedures for the establishment of the Commission 1. If a request to create a Conciliation Commission filed the application form, the application shall state the subject matter of the dispute, a party or parties to whom it is addressed, or of the conciliator or conciliators and words or designated by a party or parties to the dispute. The application specifies the settlement briefly features used in the past. 2. After receipt of the application, the Secretary shall notify the other party or parties to the dispute, which is referred to in the application. Within fifteen days of receipt of such notification by the other party or parties to the dispute at the discretion of the conciliator or conciliators shall mean the composition of the Commission. If during this period, one or more of the parties have designated the Member or members of the Commission that they have the right to assign, the Bureau means the necessary number of conciliators. This designation occurs from among the conciliators that are designated in accordance with article 3 of the party or each of the parties involved in the dispute, or if the parties have not yet designated the conciliator of the other conciliators, which is not designated by the other party or parties to the dispute. 3. If the request for the establishment of the Conciliation Commission is filed in accordance with the agreement, then it is necessary to specify the subject-matter of the dispute. In the absence of complete or partial agreements relating to the subject matter of the dispute, each party may express its position with respect to the subject matter of the dispute. 4. Simultaneously with the request for the establishment of the Conciliation Commission in accordance with the agreement, each Party shall notify the Secretary of the conciliator or conciliators of the names which it designated by the Commission. Article 23 conciliation procedure conciliation proceedings takes place 1 confidential and all parties to the dispute have the right to be heard. Pursuant to article 10 and 11 and rules of procedure of the Court, the Conciliation Commission, after consulting the parties to the dispute shall determine the procedure. 2. With the agreement of the parties to the dispute Conciliation Commission can offer to any Member State of this Convention which has an interest in, to participate in the dispute settlement proceedings. Article 24 the purpose of Conciliation the Conciliation Commission shall provide assistance to the parties to the dispute to find a peaceful settlement in accordance with international law and their obligations within the framework of the OSCE. Article 25 conciliation result 1. If in the course of the proceedings, the parties to the dispute with the assistance of the Conciliation Commission to arrive at a mutually acceptable result, they include the provisions of the summary conclusions of the application, signed by their representatives and the members of the Commission. With the signing of this document review is completed. The OSCE Council with senior officials Committee announces successful outcome of the conciliation. 2. If the Conciliation Commission considers that explore all aspects of the dispute and all the possibilities to find a solution, it shall draw up a final report. The report is reflected in the Commission's proposals for a peaceful settlement of the dispute. 3. the report of the Conciliation Commission shall notify the parties to the dispute, which are given thirty days to get acquainted with it and to notify the President of the Commission as to whether they are prepared to accept the proposed settlement. 4. If one of the parties to the dispute does not accept the proposed settlement, the other party or parties to the agreement are no longer binding. 5. If, on the expiry of the time limit as provided in paragraph 3, the parties to the dispute have not accepted the proposed settlement, the message is sent to the Council by the OSCE, the Committee of senior officials. 6. the report is drawn up, which provides that the Committee of senior officials of the OSCE Council must immediately declare the conditions under which one of the parties does not appear before the conciliation procedure or waive such procedures after it started. Chapter IV. Article 26 the ARBITRATION request the arbitral tribunal to create a request for arbitration 1 can be filed at any time by agreement between two or more Member States to this Convention, or between one or more Member States of the Convention and one or more other Member States of the OSCE. 2. Member States to this Convention may at any time by notification addressed to the depositary, declare that the assistance of the ipso facto and without special agreement be declared binding jurisdiction of the arbitral tribunal, if it is done bilaterally. Such a statement can be made without a time limit or for a definite period of time. It can apply to all disputes or exclude disputes relating to the territorial integrity of the State, its national sovereignty, the right to protection in relation to the land and at the same time claims in respect of other areas of jurisdiction. 3. a request for arbitration against a Member State of this Convention which has made the declaration provided for in paragraph 2, may be addressed to the Registrar an application in form only thirty days after the Conciliation Commission, which examined the dispute submitted to the Council a report of the OSCE pursuant to paragraph 5 of article 25. 4. Transfer dispute to the arbitral tribunal under this article, the Tribunal may, on the basis of its powers, or by one of the parties or at the request of all parties, indicate provisional measures that the parties to the dispute should adopt to avoid exacerbation of the dispute, the solution of the problems or the possibility that one or more of the parties to the dispute of misconduct will be impossible to ensure that the decision of the Tribunal could be adopted. Article 27 of the arbitration proceedings the Tribunal 1. If a request for arbitration filed on the agreement, it shall state the subject-matter of the dispute. If, in respect of the dispute in the agreement, in whole or in part, each party may express its position on the subject matter of the dispute. 2. If the request for arbitration is the submission form, it indicates the subject matter of the dispute, of this Convention, the Member State or Member States, against which it is directed, as well as key facts and legal norms on which it is based. After receipt of the application, the Secretary shall forthwith notify the other Member State or Member States, referred to in the application. 28. Article 1 of the Arbitration Tribunal was created After this request for arbitration. submission of the Arbitration Tribunal is created. 2. The referees, which mean the parties to the dispute according to article 4, are ex officio members of the Tribunal. When more than two States are one and the same party to the dispute, the countries that defend the same interest may agree on one common arbitrator designation. 3. the Bureau shall mean the composition of Tribunal arbitrators from a certain number of members, number of members, to what the Bureau, at least one person exceeded the number of ex officio members. The Bureau members and alternates whose names are on the list of arbitrators, the Tribunal may be appointed. 4. If the ex officio member shall not participate in the hearing of the case in the past or in some way participated in the hearing of the case, which stems from a dispute submitted to the Tribunal, the members of this site comes by his or her Deputy. If the Deputy is located in the same State, then the State concerned shall designate another Member of the dispute referred to treatment under the policy and rules laid down in point 5. The emergence of cases of doubt in relation to any of the members or his or her Deputy is able to participate in the work of the Tribunal decision in this matter accepts the Bureau. 5. any State which is a party to the dispute, the arbitral tribunal presented, and not party to this Convention, may be appointed at the discretion of the Tribunal consists of a person, either from the list of arbitrators drawn up in accordance with the provisions of article 4, or from the number of persons who are nationals of a Member State of the OSCE. Any such person appointed must meet the article 4, paragraph 2, of the conditions and the purposes of the examination of the dispute, it has the same rights and obligations as the other members of the Tribunal. This person performs its functions independently and before entry into the work of the Tribunal gave notice, as provided for in article 5. 6. the Tribunal means its Chairman from among the members appointed by the Bureau. 7. in the event that one of the members of the Tribunal, which meant the Bureau, may not participate in the hearing, instead, comes another Member only if the number of members appointed by the Bureau, become less than the ex officio members, designated by the parties to the dispute under paragraph 5. In such a in the event the Bureau means one or more new members according to the article 3 and paragraph 4. Meant a new or several new members, a new President is chosen, unless the Tribunal member who is unable to perform his duties, the President himself is not. 29. Article 1 of the arbitration procedure for all the parties to the dispute have the right to be heard by the arbitral tribunal in the course of the proceedings, which must comply with the principle of fair trial. The examination consists of a written part and an oral part. 2. the arbitral tribunal to the parties to the dispute are empowered to ascertain the facts and make inquiries, which it needs to carry out its tasks. 3. any Member State which the OSCE believes that the Tribunal might offend its particular legal interest may within fifteen days after the OSCE secretariat transmitted the notification pursuant to article 15, to send the Secretary an application for intervention in the case. This request shall immediately be transmitted to the parties to the dispute and the Tribunal created for this dispute. 4. If a State which intervenes in the case, finds that it has the interest it receives permission to participate in the proceedings, so far as may be necessary for the protection of such interests. The Tribunal's decision is binding on the part of the State that intervenes in the case. 5. The parties to the dispute may, within thirty days to send your comments to the Tribunal with respect to the request for intervention. The Tribunal shall communicate its decision on the admissibility of the request. 6. the Tribunal Hearing is held in camera, unless the Tribunal decides otherwise at the request of the parties to the dispute. 7. in the event that one or more of the parties to the dispute does not appear before the other party or parties may ask the Tribunal to decide in favor of the party or parties. Before the Tribunal must ensure that it is competent and that the party or parties to the proceedings, the claims are justified. Article 30 of the Arbitration Tribunal, the arbitral tribunal the function function is to rule on disputes submitted to it in accordance with international law. The above provision does not prejudice the right of the Tribunal to decide a case ex aequo et bono, if the parties to the dispute so agree. 31. Article 1 of the arbitration decision. the arbitral tribunal shall be mentioned in the considerations on which it relies. If the decision in whole or in part without expressed a unanimous opinion of the members of the Tribunal, the arbitral tribunal to any Member shall have the right to express their views or specific announce does not agree. 2. subject to paragraph 4 of article 29 of the Tribunal's decision is binding only on the parties to the dispute and the case to which it relates. 3. the decision is final and not appealable. At the same time, the parties to the dispute or one of the parties may apply to the Tribunal to give the explanation of the decision, relating to the nature or scope of application. If the parties to the dispute do not agree on anything else, such a request shall be submitted not later than six months after the date of notification of the decision. After receipt of comments from the parties to the dispute as soon as possible the Tribunal give its explanation. 4. Request for revision of the decision can be made only on the basis of the newly discovered circumstances which are, by their nature, have a significant impact on the outcome of the case, and that before taking a decision, the Tribunal was not known nor the party or parties to the dispute requesting a review. A request for review must be submitted not later than six months after a new fact-finding. After ten years from the date of adoption of the decision cannot submit any requests for review. 5. Request for clarification or review of the decision to be considered by the Tribunal, which had accepted that decision. If the Bureau deems it necessary, then you create a new Tribunal pursuant to the provisions of article 28. Article 32 publication of the decision of the arbitration decision shall be issued by the Secretary. A certified copy thereof shall be circulated to the parties to the dispute and the OSCE Council through the Committee of senior officials. Chapter v. Closing conditions article 33 signature and entry into force 1 this Convention shall be open for signature by the Member States to the OSCE, 1993 to March 31, the Government of Sweden. It is subject to ratification. 2. the OSCE member States which have not signed this Convention may accede to it in the future. 3. this Convention shall enter into force two months after the twelfth instrument of ratification or accession. 4. for each State ratifying this Convention or acceding to it after the twelfth instrument of ratification or accession, the Convention shall enter into force two months after it deposits its instrument of ratification or accession. 5. is the depositary of this Convention, the Government of Sweden. Article 34 reservations this Convention cannot make any reservations, which it directly provides. Article 35 amendments Amendments 1 this Convention must be adopted according to the following points. 2. Amendments to this Convention may be proposed by any party to the Convention, and the depositary shall send them to the Secretariat of the OSCE, for further transfer to the Member States of the OSCE. 3. If the OSCE Council adopts the proposed text of the amendment, the text of this Convention, the depositary shall transmit to the Member States to get the consent of their respective constitutional requirements. 4. Any such amendment shall enter into force on the thirtieth day after all the Member States of this Convention shall notify the depositary of their consent to it. Article 36 denunciation 1 any party to the Convention may, at any time, denounce this Convention by sending notice to the depositary. 2. Such denunciation shall take effect one year after the date of its receipt by the depositary. 3. this Convention shall, however, continue to apply a denonsējuš party for proceedings taking place at the time when the denunciation takes effect. Such proceedings shall continue until their completion. Article 37 notifications and message notifications and messages that are sent to the depository, is passed to the Secretary and the Secretariat of the OSCE, the OSCE transferred them to the Member States. Article 38 States that are not parties to this Convention in accordance with international law, it is confirmed that nothing in this Convention shall be construed as creating any liability or obligations of OSCE member States that are not parties to this Convention, provided that it is not intended to be specific, and if countries do not give their explicit consent for their writing. 39. Article 1 of the transitional conditions. The Court within four months after the entry into force of this Convention shall elect a Bureau, adopt its own rules of procedure and the Secretary of the appropriate means to 7, 9 and 11 of the regulations. The Court requested the State Government along with depositaries shall take the necessary measures. 2. the appointment of Secretary To the Secretary's responsibilities under article 3, paragraph 5, and article 7, paragraph 4, to comply with the depositary. Drawn up in Stockholm, 1992, December 15 in English, Spanish, Italian, German, Russian and French languages, in addition, all six texts being equally authentic.

Financial protocol, drawn up in accordance with the provisions of the Convention on conciliation and arbitration within the OSCE article 13 article 1. 1. all the costs of a trial Court, approved in accordance with the Convention on conciliation and arbitration within OSCE (hereinafter "the Convention"), the costs shall be borne by the parties to the Convention. Conciliator and arbitrator costs include court costs. 2. the receiving State concerning the expenditure on the court premises and used furniture, their maintenance in order, insurance and security, as well as utility costs, are specified in the list between the Court, acting with the consent of the parties to the Convention and on their behalf, and the beneficiary country. 2. article. Contributions to the budget of the Court 1. Contributions to the budget of the Court are distributed among the States parties in accordance with the distribution scale of contributions to be applied within the OSCE and make adjustments, by the difference between the Member States of the OSCE and the number of parties to the Convention. 2. when a State ratifies the Convention or accede to it after its entry into force, its contributions in the current financial year in the ways one twelfth part after withdrawal of the supplemented a scale established under paragraph 1 of this article, for each full month that you remain up to full financial year from the date when the Convention enters into force for that country. 3. If a State which is not party to this Convention, shall refer the dispute to the Court under article 20 of the Convention paragraph 2 or article 26, paragraph 1, the conditions, it shall take its contribution for the financing of the budget of the Court for the hearing in the order, as a State party. The objectives of the engagement, reconciliation is seen as the start of the day, when the Registrar receives notice of the agreement of the parties with respect to the establishment of the Commission, and finished the day when the Commission presents its report to the parties. If either party shall waive the examination, the examination is considered to be the end of the day, when I get the message, as specified in article 25 of the Convention, paragraph 6. The arbitration hearing is considered to begin on the date on which the Secretary receives notice of the agreement of the parties with respect to the establishment of the Tribunal, and finish the day on which the Tribunal shall render its decision. 3. article. Financial year and the budget for the financial year 1 begins on January 1 and ends on December 31. 2. The Secretary, acting in accordance with the agreement with the Court, the Bureau shall draw up each year a draft budget of the Court. The draft budget for the next financial year shall be submitted by States parties up to 15 September. 3. Budget approves the Convention of representatives of the Member States. Review and approval of the budget takes place in Vienna, where the parties agree otherwise. After the approval of the budget for the fiscal year running the Secretary turns to send their contributions to the Convention's Member States. If the budget is not accepted until December 31, the Court functions, based on the previous year's budget and, without prejudice to subsequent additions, Secretary asks States parties to send their contributions under this budget. The Secretary asks States parties to contribute 50% of their contributions on January 1, while the remaining 50% on April 1. 4. If the representatives of the States Parties decides otherwise, the budget shall be drawn up in Swiss francs and the participation fees are made in that currency. 5. A State that ratifies the Convention or accede to it after its entry into force, the deposit of your first membership fee budget within two months after the request of the Secretary. 6. States which, not being parties to the Convention, submitted for consideration by the Court in any dispute paid your membership fee within two months after the request of the Secretary. 7. The entry into force of the Convention in States parties the annual contributions to the budget of your membership fee within two months of the twelfth instrument of ratification instruments of the Convention. This budget was originally determined by the 250 000 Swiss francs. 4. article. Commitments, payments and revised budget 1. the budget approved by the Registrar of the court giving the Bureau's mandate to enter into commitments and make payments to the amount fixed amounts for specific purposes. 2. the Registrar of the Court, acting in the framework of the mandate, the Bureau has the right to reallocate funds between budget articles and apakšpant up to 15% of the amounts provided for in those articles/apakšpanto. Of any such redistribution of the Financial Secretary must provide the report in accordance with article 9 of this Protocol. 3. the obligations that have not been executed up to the end of the year, are transferred to the next financial year. 4. If warranted by the circumstances and after careful analysis of the existing features of the economy, the Registrar has the right to submit a revised budget that can be related to a request for additional funds for earmarking, the representatives of the States parties for approval. 5. any balance for the current financial year are deducted from the allocated funds next fiscal year following the year in which the Convention of representatives of the Member States had approved the Bills. Any shortage of funds is transferred to the next fiscal year, unless the parties to the Convention did not adopt a decision for an extra fee. 5. article. Revolving capital funds if the States parties deem it necessary, it can create a turnover capital fund. To finance the Convention. 6. article. Travel money and rated the previous fees 1., of the Bureau of the Commission for conciliation and arbitration tribunal members shall receive the allowance for each day on which they perform their functions. 2. the members of the Bureau of the Court in addition to receiving the annual nominal fee. 3. Allowances and annual nominal fee shall be determined by the representatives of the Member States of the Convention. 7. article. Salary, social security and Pensions Secretary 1 and all the other Office employees appointed in accordance with article 9 of the Convention, receive wages, which amount shall be composed of representatives of the Member States of the Convention. 2. the Office staff will include a strictly limited the number of employees needed to Court functions. 3. The Convention of representatives of the Member States ensure that appropriate social care and Pensions Secretary and Office employees. 8. article. Travel expenses of the Bureau of the Court, 1 Conciliation Commission and arbitral tribunal members, as well as Secretarial and Office employees are paid for travel costs, which is absolutely necessary for their functions. 2. payment of travel expenses include the actual cost of transport services, including routine expenses relating to transport services and a daily allowance to cover the costs of food and accommodation, expenses for services, as well as other expenses. The allowance shall be determined in the Convention of representatives of the Member States. 9. article. Documentation and report 1. Secretary of the Bureau of the Court, acting in the framework of the mandate, provide the appropriate documentation and reporting on the implementation of the financial operations and shall take all necessary measures to ensure that all relevant payment authorization. 2. The Secretary of the Bureau of the Court, acting in the framework of the mandate, the States parties shall be submitted not later than 1 March of the year in a financial report that reflects on the past year: a) the income and expenses in connection with all invoices. (b)) in relation to the budget article; c) financial assets and liabilities at the end of the year. 10. article. 1. the Court audited the financial auditing of invoices are two auditors who are of different nationalities, and that means the representatives of the Member States of the Convention for a term of three years with the possibility of repeating the appointment. Persons who are or have been in the conciliator or arbitrator lists or who have received Court costs according to article 7 of this Protocol, can not be Auditors. 2. the Auditors shall carry out audit each year. In particular, they shall check the correctness of entries in the accounting registers, active and passive documents and invoices. Bills are submitted to the annual audit and inspection not later than March 1. 3. Auditors performs the audit, which they consider necessary to confirm that: (a) annual financial report) they are presented is correct and corresponds to the accounting records and court records; b) financial operations that fixed this report is carried out according to the relevant requirements, budget, rules and other instructions that may be with it; and (c)) features and clear cash deposits have been confirmed with the receipts directly received from the depositary or with the actual Bill. 4. The Secretary shall provide such assistance to auditors and ensure the conditions as may be required so that they are able to carry out their respective duties. In particular Auditors must have free access to those accounts, the accounting records and documents at their discretion require auditing. 5. the Auditors shall draw up each year a report that confirms the status of invoices and include a catered arising from their audit results. In this regard, they can be catered for, as they consider necessary for the effectiveness of the financial operations, reporting and internal financial controls. 6. the report issued by the representatives of the States parties not later than four months after the end of the financial year to which the invoice applies. This report is a timely transfer to the Registrar to have not less than 15 days to submit such explanations and justifications, as it deems necessary. 7. in addition to the annual audit, auditors at any time is free access to the accounting records, assets and liabilities, accounting records and invoices to test them. 8. on the basis of the auditing report, the Convention declared their agreement to the annual financial report or take other measures that can be considered targeted. 11. article. Special supports billed 1. parties can open special aid Bill, which aims to reduce legal costs for those countries that are parties to the dispute submitted to the Court and have difficulty paying these expenses. It financed the voluntary contributions to the Convention. 2. a State which is a party to the dispute submitted to the Court and wishes to receive funds from the Special Fund for support, go to the Registrar with the request, accompanied by a detailed calculation of costs. The Bureau of the Court analysed this request and send its recommendations to States parties, which shall decide whether to grant this request, and to what extent. Then, when the case is heard, the country that has received the funds from the special support fund must be sent to the Secretary, the Bureau for consideration, a detailed report on the procedural costs that have been or will be made, if necessary refund an amount that is left over from the real costs. 12. article. Decisions of the parties or their representatives in accordance with this Protocol, all decisions shall be taken by consensus. 13. article. Additions to additions to this Protocol adopted in accordance with article 35 of the Convention. The Bureau of the Court can send your rating for the suggestions expressed by the OSCE secretariat for further transfer to the Member States of the OSCE. This Protocol is drawn up in English, French, German, Italian, Russian and Spanish languages, all six texts being equally authentic, and adopted by the Committee of senior officials in Prague on 28 April 1993, in conformity with the Convention on conciliation and arbitration within the OSCE, article 13 is in the Swedish Government.