Rs 0.193.235 Convention Of 15 December 1992 On Conciliation And Arbitration Within The Csce (With Prot. Financial)

Original Language Title: RS 0.193.235 Convention du 15 décembre 1992 relative à la conciliation et à l’arbitrage au sein de la CSCE (avec prot. financier)

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0.193.235 original text Convention on conciliation and arbitration within the CSCE concluded in Stockholm on 15 December 1992 approved by the Federal Assembly on 6 December 1993, Instrument of ratification deposited on 23 December 1993 entry into force for the Switzerland by the Switzerland on 5 December 1994 (State on September 24, 2007) the States parties to this Convention participating in the Conference on security and cooperation in Europe, conscious of their obligation, in accordance with the by. 3 of art. 2 and art. 33 of the Charter of the United Nations to peacefully resolve their differences;
Pointing out that they don't hear in any way prejudice the competence of other 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 Court Permanent Arbitration;
Reaffirming their commitment solemn to settle their disputes by peaceful means and their decision to develop mechanisms for the settlement of disputes between participating States;
Recalling that the full application of all the principles and commitments of the CSCE is itself an essential element of prevention of disputes between States participating in the CSCE;
Anxious to consolidate and strengthen the commitments in the report of the meeting of experts on peaceful settlement of disputes adopted at Valletta and endorsed by the Council of Foreign Ministers of the CSCE, met in Berlin on 19 and 20 June 1991, have agreed to the following: chapter I provisions general art. 1 establishment of the Court there shall be a Court of conciliation and arbitration for the purposes of the disputes through conciliation and, where appropriate, by that of arbitration, submitted in accordance with the provisions of this Convention.

Art. 2 commissions of conciliation and arbitral tribunals 1. Conciliation is provided by a Board of conciliation constituted for each dispute. This commission is composed of conciliators designated on a list established in accordance with the provisions of art. 3 2. Arbitration is provided by an arbitral tribunal constituted for each dispute review. This Court is composed of arbitrators designated on a list established in accordance with the provisions of art. 4 3. All of the conciliators and arbitrators are the Court of conciliation and arbitration within the CSCE, hereinafter referred to as 'the Court '.

Art. 3 designation of conciliators 1. Each State party to this Convention refers, within two months following the entry into force, two conciliators, which at least has the nationality of the State which designates and the other may have the nationality of another State participating in the CSCE. A State which becomes party to the Convention after the entry into force of the designates its conciliators within two months following the entry into force of the Convention in respect.
2. the conciliators must be people performing or having held high office at the international or national level and have recognized expertise in international law, international relations or disputes.
3. the conciliators are appointed for a renewable period of six years. The State which appointed them cannot put an end to their office expires. In case of death, resignation or incapacity found by the Office of the Court, the State concerned is the designation of a new conciliator; This completes the term of his predecessor.
4. at the expiration of their mandate, the conciliators continue to deal with such cases as they already have under consideration.
5. the names of the conciliators shall be notified to the Registrar, who placed them on a list which is then communicated to the CSCE Secretariat for transmission to the CSCE participating States.

Art. 4 appointment of arbitrators 1. Each State party to this Convention shall appoint, within two months following the entry into force of this one, an arbitrator and a Deputy who may have the nationality of that State or of any other State participating in the CSCE. A State which becomes party to the Convention after the entry into force means an arbitrator and an alternate in the two months following the entry into force of the Convention in respect.
2. the arbitrators and their alternates must meet the conditions required for the exercise, in their respective countries, the highest judicial offices or be of Jurists with a competence in international law.
3. the arbitrators and their alternates are appointed for a term of six years, renewable once. The State party which has nominated may put an end to their office expires. In case of death, resignation or incapacity found by the Bureau, the arbitrator is replaced by his Deputy.
4. If an arbitrator and his Deputy die, resign or are both prevented, prevention being found by the Bureau, new designations is carried out according to the by. 1. the new arbitrator and his Deputy complete the term of their predecessors.
5. the rules of the Court may provide a partial renewal of the arbitrators and their alternates.
6. at the expiration of their mandate, officials continue to deal with such cases as they already have under consideration.
7. the names of the arbitrators shall be notified to the Registrar, who placed them on a list which is then communicated to the CSCE Secretariat for transmission to the CSCE participating States.

Art. 5 independence of the members of the Court and the Registrar the conciliators, arbitrators and the Registrar exercise their functions independently. Before taking up their duties, they make a statement in which they undertake to exercise their powers in all impartiality and awareness.

Art. 6 privileges and immunities the conciliators, arbitrators and the clerk, as well as agents and boards of the parties to a dispute have, in the exercise of their functions in the territory of the States parties to the present Convention, the privileges and immunities granted to persons related to the International Court of Justice.

Art. 7 office of the Court 1. The Office of the Court consists of a President, a Vice President and three other members.
2. the President of the Court is elected by the members of the Court together in college. He chairs the Board.
3. the conciliators and the arbitrators shall elect in their respective college, two members of the Bureau and their alternates.
4. the Bureau shall elect its Vice-Chairman from among its members. The Vice President is elected from among the conciliators if the President is a referee, one of the arbitrators if the President is a conciliator.
5. the regulations of the court sets the procedure for the election of the President, other members of the Bureau and their alternates.

Art. 8 terms of decision-making process 1. Decisions of the Court are taken by a majority of the members taking part in the vote. Members who abstain are not regarded as taking part in the vote.
2. decisions of the Office are taken by a majority of its members.
3. commissions of conciliation and arbitral decisions are taken by a majority of the votes of their members, which may not abstain.
4. in the event of an equal division of votes, the Chairman has a casting vote.

Art. 9. the Registrar the court appoints its Registrar and may proceed with the designation of other officials to the extent of their needs. The status of the staff of the registry is developed by the Bureau and adopted by the States parties to this Convention.

Art. 10 seat 1. The seat of the Court is established in Geneva.
2. at the request of the parties to the dispute and with the agreement of the Office of the Court, a conciliation commission or an arbitral tribunal may meet away from Headquarters.

Art. 11 rules of the Court 1. The Court shall adopt its rules, which shall be submitted to the approval of the States parties to this Convention.
2. the regulations of the Court fixed including the rules of procedure to be applied by the conciliation commissions and arbitral tribunals constituted in accordance with the Convention. It specifies, among these rules, those which the parties to the dispute cannot derogate by agreement.

Art. 12 working languages of the regulations of the Court establishes the rules applicable to the use of languages.

Art. 13 financial protocol subject to the provisions of art. 17, all expenses incurred by the Court are borne by the States parties to this Convention. The provisions concerning the calculation of fees, preparation and approval of the annual budget of the Court, the apportionment of costs between States parties to the Convention, the audit of the accounts of the Court and related issues are contained in a financial protocol adopted by the Committee of senior officials. A State is bound by the Protocol, once it becomes a party to the Convention.

Art. 14 periodic report the Bureau reports annually to the CSCE Council, through the Committee of senior officials, a report on the activities under this agreement.

Art. 15 notification of requests for conciliation or arbitration the Registrar of the Court informs the CSCE Secretariat of any application of conciliation or arbitration, for immediate transmission to the CSCE participating States.


Art. 16 attitude to be observed by the parties; provisional measures 1. During the procedure, the parties to the dispute to refrain from any actions that could either aggravate the situation, or make more difficult or prevent the settlement of the dispute.
2. the conciliation commission may draw the attention of the parties to the dispute which is submitted to it on the measures that they could take to prevent the dispute from worsening or that its solution is made more difficult.
3. the arbitral tribunal constituted to examine a dispute may indicate provisional measures which should be taken by the parties to the dispute, in accordance with the provisions of the by. 4 of art. 26. art. 17 procedural costs the parties to a dispute and any intervening party have each their own costs of procedure.

Chapter II jurisdiction art. 18 competence of the commission and of the Court 1. Any State party to this Convention may submit to a conciliation commission any dispute against another State party, which could not be resolved within a reasonable time by negotiation.
2. a dispute may be referred to an arbitral tribunal under the conditions set out in art. 26. art. 19 backup of existing regulation modes 1. The conciliation commission or the arbitral tribunal constituted for the settlement of a dispute ceases to know of the latter: a) If, prior to the submission of the commission or the tribunal, a court or tribunal whose parties are legally required to accept the jurisdiction with regard to this dispute has been entered or if such a body has already rendered a decision on the merits of this dispute; b) if the parties to the dispute have accepted in advance the exclusive jurisdiction of a jurisdictional body other than the tribunal provided for in this Convention and if this body is competent to decide, with binding force, the dispute is submitted, or if the parties to the dispute have agreed to seek the settlement of it exclusively by other means.

2. the conciliation commission for the resolution of a dispute ceases to know of this dispute, even after his referral, a court or a tribunal whose parties are legally required to accept the jurisdiction is seized by one of the parties or all parties to this dispute.
3. the conciliation commission shall stay the review of a dispute if another body competent to make proposals on this same dispute has been entered previously. If this earlier approach does not lead to the settlement of the dispute, the commission resumed at the request of the parties to the dispute or one of them, subject to the provisions of the by. 1 of art. 26 4. A State may, at the time of signature or ratification of the Convention or accession to it, make a reservation to ensure the compatibility of the mechanism of dispute settlement that it establishes with other modes of settlement of disputes resulting from international commitments applicable to that State.
5. If, at any time, the parties are able to resolve their dispute, the commission or the tribunal is in the radiation of this one after having received written assurance from all parties that they have resolved the dispute.
6. any disagreement between the parties to the dispute about the competence of the commission or of the Court is an appeal by the commission or the tribunal.

Chapter III Conciliation art. 20 request for the establishment of a conciliation commission 1. Any State party to this Convention may, when a dispute between one or more other States parties, go to the clerk a request for the constitution of a conciliation commission. Two or more States parties may also submit a request to the clerk.
2. the constitution of a conciliation commission may also be requested by agreement between two or more States parties or between one or more States and one or several other States participating in the CSCE. This agreement shall be notified to the Registrar.

Art. 21 constitution of the conciliation commission 1. On the list of conciliators established in accordance with article 3, each party to the dispute shall appoint a conciliator to serve on the commission.
2. If more than two States are parties to the same dispute, the States with similar interests may agree to appoint a single conciliator. If they do not, the same number of conciliators is named on each side, up to a maximum fixed by the Office.
3. any State which is a party to a dispute submitted to a conciliation commission would be a party to this Convention may appoint to serve on the commission, a person on the list of conciliators established in accordance with art. 3, among nationals of a State participating in the CSCE. In this case, they have, for the purposes of the examination of the dispute, the same rights and obligations as the other members of the commission. They exercise their functions independently and make the declaration required by article 5 before sitting on the commission.
4. upon receipt of the petition or of the agreement whereby Member States parties to a dispute request the constitution of a conciliation commission, the President of the court consults the parties to the dispute on the composition of the rest of the commission.
5. the Bureau shall appoint three other conciliators to serve on the commission. This number may be increased or reduced by the Office, provided that there is odd. The members of the Bureau and their alternates from the list of conciliators may be appointed to serve on the commission.
6. the commission elects its president from among the members appointed by the Bureau.
7. the regulations of the Court establishes the rules if, at the beginning or during the proceedings, one of the members appointed to serve on the commission is disqualified, or if he is not able to sit or refuses to do so.
8. any question concerning the application of this article shall be decided by the Office preliminary.

Art. 22 proceedings of constitution of a conciliation commission 1. If the constitution of a conciliation commission is requested by an application, the latter specifies the subject of the dispute, the party or parties against whom or which it is directed and the name of the conciliator or conciliators appointed by the party or the applicants. Similarly, the query indicates summarily previously popular forms of regulation.
2. upon receipt of an application, the Registrar shall notify this to the other party or to the other parties to the dispute referred by the query. That other party or such other parties have a period of 15 days from the notification in order to appoint the conciliator or conciliators of their choice to serve on the commission. If, within that period, one or more parties to the dispute have not chosen the Member or members of the commission that it is their responsibility to appoint, the Bureau shall appoint the conciliators in appropriate numbers. Such a nomination is done among the conciliators appointed in accordance with art. 3 by the party or each of the parties involved or, if these parties have not yet appointed conciliators, among the conciliators who have not been designated by the other party or the other parties to the dispute.
3. If the constitution of a conciliation commission is requested by agreement, this specifies the subject of the dispute. If there is no agreement, in whole or in part, the subject of the dispute, each party may state its own position in this regard.
4. where the constitution of a conciliation commission is requested by agreement, each Party shall inform the Registrar the name of the conciliator or conciliators appointed by it to serve on the commission.

Art. 23 conciliation procedure 1. The conciliation procedure is confidential and contradictory. Subject to the provisions of art. 10 and 11 so that the rules of court, the conciliation board fixed its procedure after consultation with the parties to the dispute.
2. with the agreement of the parties to the dispute, the conciliation commission may invite any State party to this Convention having an interest in the solution of the dispute to participate in the procedure.

Art. 24 objective of conciliation the commission conciliation helps the disputants to resolve it in accordance with international law and the commitments to which they have subscribed in the context of the CSCE.

Art. 25 result of the conciliation procedure 1. If, during the proceedings, the parties to the dispute, with the help of the conciliation commission, at a mutually acceptable solution, they record the terms of this solution in a statement of conclusions signed by their representatives and the members of the commission. The signing of this document ends the procedure. The CSCE Council is informed of the success of reconciliation through the Committee of senior officials.
2. when the conciliation commission considers all aspects of the dispute and the possibilities of regulation were discussed, she develops a final report. This report contains the commission proposals for a peaceful settlement of the dispute.

3. the report of the conciliation board shall be notified to the parties to the dispute, who have 30 days to review it and make knowledge to the president of the commission if they are prepared to accept the proposed solution.
4. If a party to the dispute does not accept the proposed settlement, the other party or other parties are linked by their acceptance.
5. If the parties to the dispute have not accepted the solution proposed by the deadline to the by. 3, the report is transmitted to the CSCE Council through the Committee of senior officials.
6 when a part fails during the conciliation procedure or abandons a procedure after it has been opened, a report is also prepared to immediately notify this situation to the CSCE Council through the Committee of senior officials.

Chapter IV arbitration art. 26 request for the constitution of an arbitral tribunal 1. A 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 the Convention and one or several other States participating in the CSCE.
2. States parties to the Convention may at any time, by notification to the depositary, declare recognize as compulsory as of right and without special agreement the jurisdiction of a tribunal subject to reciprocity. This statement may be made without limitation of time or for a specified period; It can be made for all disputes or exclude disputes raising questions concerning the territorial integrity, national defence, a title of sovereignty over national territory or the competing claims with regard to the jurisdiction to other areas.
3. a request for arbitration may be made by petition addressed to the clerk of the Court against a State party to the Convention having made the required declaration to the by. 2 once that within thirty days will have passed once the report of the conciliation board to examine the dispute has been submitted to the Council of the CSCE in accordance with the provisions of the by. 5 of art. 25 4. When a dispute is submitted to a tribunal under this section, the Court may, on its own authority or at the request of the parties to the dispute or one of them, indicate provisional measures which should be taken by the parties to the dispute to prevent the dispute from worsening, that its solution is made more difficult or that a subsequent court sentence is likely to be unenforceable because of the attitude of the parties or any parts to the dispute.

Art. 27 referral of an arbitral tribunal 1. If a request for arbitration is made by agreement, the latter specifies the subject of the dispute. If there is no agreement, in whole or in part, on the subject of the dispute, each party may state its own position in this regard.
2. If a request for arbitration is made by motion, the latter specifies the subject of the dispute, the State or States parties to the present Convention against which or whom it is directed and the main elements of fact and law on which it is based. Upon receipt of the request, the Registrar shall notify this to the other State or other States affected by the application.

Art. 28 constitution of the arbitral tribunal 1. When a request for arbitration, an arbitral tribunal is constituted.
2. the arbitrators appointed by the parties to the dispute in accordance with the provisions of art. 4 are members of the tribunal. When more than two States are parties to the same dispute, the States with similar interests may agree to appoint a single arbitrator.
3. the Bureau appoints one of the arbitrators to sit on the tribunal, a higher number of members from at least one unit to members of law. The members of the Bureau and their alternates from the list of arbitrators may be appointed to sit on the Court.
4. If a member of the Court is prevented, or if it has dealt with previously, with some title that it is, the case that the subject of the dispute submitted to the Court, this member is replaced by his Deputy. If the latter is in the same situation, the State makes the appointment of a member for the purposes of the review of the dispute according to the modalities provided in the by. 5. in case of doubt on the ability of a member or his alternate to serve on the Court, the Bureau decided.
5. any State which is a party to a dispute submitted to an arbitral tribunal without being a party to this Convention may appoint to serve on the tribunal a person either on the list of arbitrators established in accordance with the provisions of article 4, either among nationals of a State participating in the CSCE. Any person so designated must meet the conditions set out in the by. 2 of art. 4; She has, for the purposes of the examination of the dispute, the same rights and obligations as the other members of the tribunal. Her duties in complete independence and made the statement prescribed in art. 5 before sitting on the Court.
6. the Court elects its president from among the members appointed by the Bureau.
7. in case of impediment of one member of the tribunal appointed by the Bureau, it is not conducted its replacement, unless the number of members appointed by the Bureau becomes lower than that of members of law or of the members appointed by the parties to the dispute in accordance with the by. 5. in this case, one or more new members are appointed by the Bureau in application of by. 3 and 4 of this article. Unless the defaulting Member is the president of the tribunal, it is not proceeded to the election of a new president in the case of the appointment of one or more new members.

Art. 29 arbitration 1. The arbitration is adversarial and meets the principles of a fair trial. It includes a written phase and an oral phase.
2. the arbitral tribunal has, to the parties to the dispute, instruction and investigative powers necessary for the performance of its task.
3 any State participating in the CSCE which have a legal interest which may be affected by the decision of the tribunal may, within fifteen days of the transmission of the notification by the Secretariat of the CSCE in accordance with art. 15, petition to the clerk of the Court for the purpose of intervention. This request is immediately sent to the parties to the dispute and the Court set up to consider the dispute.
4. If the intervening State establishes the existence of such an interest, he is allowed to participate in the proceedings to the extent necessary for the protection of this interest. The relevant part of the decision of the Court binding on the intervening State.
5. the parties to the dispute have 30 days to send their observations on the request for intervention to the tribunal. The Court decides on the admissibility of this request.
6. the Court discussions in camera, unless the tribunal decides otherwise at the request of the parties to the dispute.
7. in the case of a default of a party or several parties to the dispute, the other party or other parties may apply to the Court for him or them to award its or their conclusions. In this case, the tribunal make its award after ascertaining its jurisdiction and the merits of the arguments of the party or parties involved in the procedure.

Art. 30 role of the arbitral tribunal the role of the arbitral tribunal is to decide, in accordance with international law, disputes that are submitted. This provision does not affect to the Faculty for the tribunal, if the parties to the dispute agree, to adjudicate ex aequo and bono.

Art. 31 award of the arbitral tribunal 1. The award of the arbitral tribunal is motivated. If it does not, in whole or in part, the unanimous opinion of the members of the tribunal, these can include the presentation of their individual or dissenting opinions.
2. subject of the by. 4 of art. 29, the sentence of the Court is binding only on the parties to the dispute and in the case that was decided.
3. the sentence is final and is subject to no appeal. However, the parties to the dispute or one of them may apply to the Court for the interpretation of the award in the event of dispute as to its meaning or scope. Unless the parties to the dispute decide otherwise, this request must 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 is in the interpretation of the sentence as soon as possible.
4. a request for review of the award may be made because of the discovery of a fact which may have a decisive influence and which, before the time of the sentencing, was unknown to the Court and the party or parties to the dispute requesting the review. The request for review must be made at the latest within six months after the discovery of the new fact. No request for revision may be made after a period of ten years from the date of the award.

5. to the extent possible, examination of a request for interpretation or of a request for review is the responsibility of the tribunal which made the award; If the Bureau finds that this is not possible, he shall be the constitution of a new Court in accordance with the provisions of art. 28 art. 32 publication of the arbitral award the arbitral award is published by the Registrar. A certified copy is transmitted to the parties to the dispute and to the CSCE Council through the Committee of senior officials.

Chapter V provisions final art. 33 signature and entry into force 1. This Convention is open for signature by the States participating in the CSCE until 31 March 1993 Government of the Sweden. It is subject to ratification.
2. the States participating in the CSCE which have not signed the Convention may join later.
3. the Convention comes into force two months after the date of deposit of the twelfth instrument of ratification or accession.
4. for any State which ratify or adhere after the deposit of the twelfth instrument of ratification or accession, the Convention comes into force two months after the deposit of its instrument of ratification or accession.
5. the Government of the Sweden ensures the functions of depositary of the Convention.

Art. 34 reservations this Convention cannot be subject to any reservation not expressly authorized.

Art. 35 amendments 1. Amendments to this Convention should be adopted in accordance with the following paragraphs.
2. any State party to the Convention may make amendments to it, which are communicated by the depositary to the CSCE Secretariat for transmission to the CSCE participating States.
3 If the Council of the CSCE adopted the text of the proposed amendment, this is communicated by the depositary to States parties to the Convention for acceptance in accordance with their respective constitutional rules.
4. any amendment thus adopted comes into force the thirtieth day after all States parties to the Convention have informed the depositary of their acceptance of the amendment.

Art. 36 denunciation 1. At any time, any State party to this Convention may denounce it by a notification to the depositary.
2 such denunciation shall take effect one year after the date of receipt of the notification by the depositary.
3. However, the Convention continues to apply to the State author of the information for the current procedures at the time of the entry into effect of the denunciation. These procedures continue until their term.

Art. 37 notifications and communications the notifications and communications by the depositary are addressed to the Registrar and to the CSCE Secretariat and then communicated to the States participating in the CSCE.

Art. 38 States that are not parties to the present Convention it is confirmed that, under international law, no provision of this agreement should be interpreted as creating obligations or commitments any for of States participating in the CSCE which are not parties to the Convention, unless they are expressly intended and expressly accepted in writing by those States.

Art. 39 transitional provisions financial protocol established in accordance with art. 13 of the Convention adopted at Prague on 28 April 1993 1. Within four months of the entry into force of the Convention, the court proceeds to the election of its Bureau, to the adoption of its rules and the designation of the clerk in accordance with the provisions of the art. 7, 9 and 11. The host Government of the Court has taken steps in cooperation with the depositary.
2. as long as the clerk is not named, the functions provided for in the by. 5 of art. 3 and to the by. 7 of art. 4 are performed by the depositary.
Made in Stockholm, on December 15, 1992, in German, English, Spanish, french, Italian and Russian, six languages being equally authentic.
(Follow signatures)

Financial protocol established in accordance with art. 13 of the Convention adopted at Prague on 28 April 1993, art. 1 expenses of the Court 1. All costs of the Court established by the Convention on conciliation and arbitration within the CSCE (hereinafter referred to as "the Convention") shall be borne by the States parties to the Convention. Conciliators and arbitrators fees are borne by the Court.
2. the obligations of the State of headquarters spending relating to the premises and furniture put at the disposal of the Court, their maintenance, their insurance and their protection, as well as current charges, are the subject of an exchange of letters between the Court, acting with the consent of the States parties to the Convention and in their name, and the State of the seat.

Art. 2 contributions to the budget of the Court 1. Contributions to the budget of the Court are distributed among the States parties to the Convention in accordance with the scale of applicable within the CSCE, suitable distribution according to the digital difference between States participating in the CSCE and the States parties to the Convention.
2. If a State ratified the Convention or adhere after its entry into force, its contribution is equal to, for the current year, to one-twelfth of its share of the suitable scale, as established pursuant to the by. 1 of this article, for each full month of the fiscal year still to run on the date on which the Convention comes into force for that State.
3. when a State which is not a party to the Convention shall submit a dispute to the Court under the provisions of art. 20, by. 2, or of art. 26, by. 1, of the Convention, it contributes to the budget of the Court, for the duration of the proceedings, as if he was a party to the Convention.
For the purposes of the application of this paragraph, the conciliation procedure shall start on the day where the clerk receives the notification of the agreement of the parties on the establishment of a commission and to end the day that the commission notifies its report to the parties. If a party abandoned the procedure, it is deemed to terminate the day of notification of the report provided for in art. 25, by. 6, of the Convention. The arbitration procedure shall start on the day where the clerk receives the notification of the agreement of the parties on the appointment of a tribunal and to end the day where the tribunal make its award.

Art. 3 fiscal year and budget 1. The financial year begins on 1 January and ends on 31 December.
2. the Registrar, acting in concert with the Office of the Court, set each year a draft budget for the Court. The draft budget for the coming year is subject to the States parties to the Convention before September 15.
3. the budget is adopted by the representatives of the States parties to the Convention. The review and adoption of the budget are in Vienna, unless the States parties to the Convention decide otherwise. Upon adoption of the budget for the fiscal year under review, the clerk asks the States parties to the Convention to pay their contributions.
If the budget has not been adopted on December 31, the Court operates on the basis of the previous budget, and without prejudice to subsequent adaptations, the clerk asks the States parties to the Convention to pay their contributions according to this budget.
The clerk asks the States parties to the Convention to provide 50 percent of their contributions to the 1 January and the remaining fifty per cent on April 1.
4. unless otherwise agreed with representatives of the States parties to the Convention, the budget is established in Swiss francs and the contributions of the States are paid in this currency.
5. a State that ratifies the Convention or adhere after its entry into force shall pay its first contribution to the budget in the two months following the request made by the Registrar.
6. States which, without be parties to the Convention, to submit a dispute to the Court to pay their contribution in the two months following the request made by the Registrar.
7. the year of the entry into force of the Convention, the States parties to the Convention pay their contribution to the budget in the two months following the date of the deposit of the twelfth instrument of ratification of the Convention. Preliminary title, this budget is set to 250 000 Swiss francs.

Art. 4 expenses, payments and revised budget 1. The adopted budget authorizes the clerk, under the responsibility of the Office of the Court, to incur expenses and payments, and the amounts adopted for the approved purpose.
2. the Registrar is empowered, under the responsibility of the Office of the Court, to make transfers between chapters and articles of the budget, to a maximum of 15% of the amount of these. All these transfers must be reported by the clerk in the financial statement mentioned in art. 9 of this Protocol.
3. obligations not executed at the end of a fiscal year are carried over to the following year.
4. If the circumstances are require, and after a careful review of the resources available for savings, the Registrar is authorized to submit a revised budget, which may include requests for additional appropriations to the adoption of the representatives of the States parties to the Convention.

5. any surplus in a given year is deducted from contributions assessed for the year following that in which the accounts were approved by the representatives of the States parties to the Convention. Any deficit is charged to the following year, except if the representatives of the States parties to the Convention decide to require additional contributions.

Art. 5 working capital working capital can be created if the States parties to the Convention deem it necessary. It is powered by the States parties to the Convention.

Art. 6 allowances and flat-rate allowances 1. The members of the Bureau of the Court, arbitral tribunals and conciliation commissions receive a per diem for each day that they are engaged.
2. the members of the Bureau of the Court also receive an annual allowance.
3. the daily allowance and the annual allowance shall be adopted by the representatives of the States parties to the Convention.

Art. 7 treatment, social security and pensions 1. The Registrar and any other Member of the staff of the registry designated pursuant to art. 9 of the Convention receive treatment stopped by the representatives of the States parties to the Convention.
2. the staff of the registry is limited to the strict minimum needed to ensure the functioning of the Court.
3. the representatives of the States parties to the Convention shall ensure that the Registrar and the registry staff receive a social security and a pension appropriate regime.

Art. 8 mission expenses 1. The costs incurred by missions strictly indispensable for the exercise of their duties are reimbursed to the members of the Bureau of the Court, conciliation commissions and arbitral tribunals as well as the Registrar and the staff of the registry.
2. the costs incurred by missions include the actual costs of transport, including incidental expenses normally related to transportation, as well as a per diem mission to cover all expenses related to meals, housing, gratuities and tips, as well as other personal expenses. DSA mission is stopped by the representatives of the States parties to the Convention.

Art. 9 accounting 1. Under the authority of the Office of the Court, the clerk ensures that an accounting of all transactions is required and that all payments are properly authorized.
2. under the authority of the Office of the Court, the Registrar shall submit to States parties to the Convention, to no later than March 1, an annual financial statement showing, for the previous year: a) revenues and expenditures on all accounts; b) the budgetary situation; c) assets and liabilities financial year-end.

Art. 10 audit 1. The accounts of the Court are audited by two auditors, of different nationality, appointed for periods of three years, renewable by the representatives of the States parties to the Convention.
People who are or have been featured on the lists of conciliators or arbitrators or who perceived the Court a remuneration in respect of art. 7 of this Protocol may be Auditors.
2. the Auditors shall annually check of the accounts. They check including the good bookkeeping, the State of the assets and liabilities, as well as auditors. Accounts are available no later than March 1, for the purpose of annual audit and inspection.
((3 Commissioners to the accounts carry out any checks that they consider necessary to certify: a) that the annual financial statement which is submitted is truthful and consistent with the books and records of the Court; b) that the financial transactions in this State have been made in accordance with the relevant rules, to the budgetary provisions and other applicable directives; etc) that funds on deposit and cash have been checked according to the certificates directly from depositaries or by actual count.

4. the Registrar gives the Auditors assistance and the means necessary for the performance of their duties. The Commissioners including access to the books of account, records and documents which, in their opinion, are necessary for verification.
5. the Board of Auditors establish an annual report certifying the accounts and exposing comments to which the audit results. They can also, on this occasion, make observations they deem necessary on the efficiency of financial procedures, the accounting system and internal financial control.
6. the report is submitted to the representatives of the States parties to the Convention within a maximum period of four months after the end of the fiscal year to which the accounts relate. It is transmitted previously to the clerk so that it has at least 15 days to provide explanations and justifications that it may consider necessary.
7. in addition to the annual audit of the accounts, the Commissioners have access at any time, to verify, to books, to the State of assets and liabilities and accounts.
8. on the basis of the audit report, the representatives of the States parties to the Convention approved the annual financial statement or adopt any other appropriate measure.

Art. 11 special payment account 1. A special payment account can be created by States parties to the Convention, in order to reduce the costs of the States parties to disputes submitted to the Court who find it difficult to fulfil. It is fed by voluntary contributions from States parties to the Convention.
2. a State party to a dispute submitted to the Court seeking a benefit of the special payment account shall submit a request to that effect to the clerk, accompanied by a provisional detailed statement of expenses of procedure.
The Office of the Court examines the application and addresses a recommendation to the representatives of the States parties to the Convention, which decide whether to access the application and extent.
At the end of the examination of the case, the State which has received an allocation of the special payment account address to the clerk, for review by the Bureau, a detailed statement of the costs of the proceedings that it actually incurred and shall, if necessary, give the refund of amounts exceeding the actual costs.

Art. 12 method of decision making all decisions of the States parties to the Convention or their representatives under this Protocol are taken by consensus.

Art. 13 amendments scope on 24 September 2007 Reserves and statements amendments to this Protocol adopted in accordance with the provisions of art. 35 of the Convention. The Office of the Court may give its opinion on the proposed amendments to the CSCE Secretariat, for the purpose of transmission to the CSCE participating States.
This Protocol, established in German, English, Spanish, French, Italian and Russian, texts in six languages being equally authentic, and adopted by the Committee of senior officials in Prague on 28 April 1993, in accordance with art. 13 of the Convention on conciliation and arbitration on the breast of the CSCE, is deposited with the Government of the Sweden.

Scope on September 24, 2007 States parties Ratification, accession (A) entry into force Albania 10 June 1996 August 10 1996 Germany * 29 September 1994 December 5, 1994 Armenia October 8, 2001 8 December 2001 Austria * 14 November 1995 14 January 1996 Belarus 7 February 2000 has 7 April 2000 Bosnia and Herzegovina 14 November 2000 January 14, 2001 Cyprus 16 February 1994 December 5, 1994 Croatia 4 November 1993 Denmark 5 December 1994 * August 23, 1994 December 5, 1994

Finland * February 20, 1995 20 April 1995 France August 13, 1993 5 December 1994 Greece * August 22, 1995 22 October 1995 Hungary June 2, 1995 August 2, 1995 Italy October 5, 1994 December 5, 1994 Latvia 25 July 1997 September 25, 1997 Liechtenstein * July 15, 1994 December 5, 1994 Lithuania * December 19, 1997 has 19 February 1998 Luxembourg 18 June 2003 18 August 2003 Macedonia * April 21, 1998 has 21 June 1998 Malta * April 6, 2001 6 June 2001 Moldova

February 1, 1999 April 1, 1999 Monaco 14 October 1993 5 December 1994 Norway September 8, 1998 8 November 1998 Uzbekistan 24 January 1996 has 24 March 1996 Poland * 9 December 1993 5 December 1994 Portugal August 9, 2000 9 October 2000 Romania * 22 May 1996 22 July 1996 San - Marino November 18, 1994 18 January 1995 Slovenia 11 May 1994 5 December 1994 Switzerland * 23 December 1993 5 December 1994 Sweden * November 25, 1993 5 December 1994 Tajikistan 24 March

1995a 24 May 1995 Ukraine December 12, 1995 February 12, 1996 * reservations and declarations, see below.

Reservations and declarations Germany in application of art. 19, by. 4, of the convention, the Government of the Federal Republic of Germany reserves the right to submit the dispute settlement procedures provided for in bilateral or multilateral treaties concluded and to be concluded by the Federal Republic, provided that these procedures can be triggered unilaterally.

The Federal Republic of Germany reserves the right to submit a particular dispute or series of disputes settlement procedures agreed-specific or to be arranged ad hoc.
Austria in accordance with art. 19, by. 4, of the convention on conciliation and arbitration within the CSCE, the Republic of Austria declares that counts with the jurisdiction of the International Court of Justice based on the agreement amending art. 27, let. a, of the European convention for the peaceful settlement of disputes, art. 19, by. 1, let. b, first assumption of the convention on conciliation and arbitration within the CSCE is not applicable in the relations between the Austria and the Italy.
Denmark in application of art. 19, by. 4, the Kingdom of the Denmark reserve conciliation and judicial procedures provided for in the bilateral treaties concluded and to be concluded by the Denmark, provided that these procedures can be triggered unilaterally. The Kingdom of the Denmark also reserves the conciliation and judicial procedures agreed or to be agreed ad hoc for a particular dispute or a series of specific disputes.
In accordance with art. 26, by. 2, of the convention, the Kingdom of Denmark recognizes as compulsory as of right and without special agreement, under condition of reciprocity, the jurisdiction of the arbitral tribunals established under the convention. This declaration is made for a period of 10 years from the day of deposit of the instrument of ratification.
Finland in accordance with art. 26, by. 2, of the convention, the Finland stated as mandatory as of right and without special agreement, under condition of reciprocity, the jurisdiction of the arbitral tribunals established under the convention. This declaration is made for a period of 10 years from the day of deposit of the instrument of ratification.
Greece Hellenic Republic recognizes, in accordance with art. 26, by. 2, as mandatory as of right and without special agreement, the jurisdiction of a tribunal subject to reciprocity.
This statement is made for a period of five years for all disputes, except those concerning national defense.
Liechtenstein in application of art. 19, by. 4, the Principality of Liechtenstein reserves the conciliation and judicial procedures provided for in the bilateral treaties concluded and to be concluded by Liechtenstein, insofar as these procedures can be triggered unilaterally. It also reserves of conciliation and judicial procedures agreed or to be agreed ad hoc for a particular dispute or a series of specific disputes.
Lithuania in application of art. 26, by. 2, of the convention on conciliation and arbitration within the OSCE, concluded on 17 December 1992 in Stockholm, Malta stated as mandatory as of right and without special agreement the jurisdiction of a tribunal established under the convention, subject to reciprocity. This declaration is made for a period of 10 years from the day of deposit of the instrument of ratification.
In application of art. 19, by. 4, of the convention on conciliation and arbitration within the OSCE, the Republic of Lithuania has reconciliation and judicial procedures provided for in the treaties bilateral and multilateral agreements and to be concluded by the Republic of Lithuania, provided that these procedures can be triggered unilaterally. The Republic of Lithuania also reserves the right to submit a particular dispute or series of disputes specific to dispute settlement procedures agreed and to be arranged ad hoc.
Macedonia in application of art. 26, by. 2, of the convention on conciliation and arbitration within the CSCE, the Republic of Macedonia hereby recognize as compulsory as of right and without special agreement, subject to reciprocity, the jurisdiction of a tribunal established under the convention on conciliation and arbitration within the CSCE.
This declaration is made for a period of five years from the day of filing with the depositary of the convention - the Government of the Kingdom of Sweden-, and not not apply to disputes on territorial integrity and defence of the country.
Malta in accordance with art. 19, by. 4, Malta reserves the right to resort to conciliation and judicial procedures provided for in the bilateral treaties concluded and to be concluded by Malta, provided that these procedures can be called uni-lateralement. Malta also reserves the right to resort to conciliation and judicial procedures agreed or to be agreed ad hoc for a particular dispute or a series of specific disputes.
Poland in application of art. 19, by. 4, the Poland holds the conciliation and judicial procedures provided for in the bilateral treaties concluded and to be concluded by Poland, as long as these procedures can be triggered unilaterally. It also reserves of conciliation and judicial procedures agreed or to be agreed ad hoc for a particular dispute or a series of specific disputes.
Romania in application of the provisions of art. 19, by. 4, the Romania reserves the right to use the procedures of conciliation and arbitration provided for in bilateral and multilateral treaties concluded and to be concluded by it.
Sweden Se based on art. 26, by. 2, of the convention, the Sweden stated as mandatory, by right and without special agreement, subject to reciprocity, the jurisdiction of the tribunals established in accordance with the convention. This declaration is made for a period of 10 years after it is filed.
Switzerland in application of art. 19, by. 4, the Swiss federal Council holds the conciliation and judicial procedures provided for in the bilateral treaties concluded and to be concluded by Switzerland, as long as these procedures can be triggered unilaterally. It also reserves of conciliation and judicial procedures agreed or to be agreed ad hoc for a particular dispute or a series of specific disputes.

1995 4392 RO; FF 1993 II 1081 new designiation of the CSCE in effect from Jan 1. 1995: "Organization for security and cooperation in Europe (OSCE)".
Art. 1 al. 1 FY Dec. 6. 1993 (RO 1994 1044) a version of the update scope is published on the web site of the FDFA (http://www.eda.admin.ch/eda/fr/home/topics/intla/intrea/dbstv.html).
New designiation of the CSCE in effect from Jan 1. 1995: "Organization for security and cooperation in Europe (OSCE)".
New designiation of the CSCE in effect from Jan 1. 1995: "Organization for security and cooperation in Europe (OSCE)".

State on September 24, 2007

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