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RS 0.975.2 Convention of 18 March 1965 for the Settlement of Investment Disputes between States and Nationals of Other States

Original Language Title: RS 0.975.2 Convention du 18 mars 1965 pour le Règlement des Différends relatifs aux Investissements entre Etats et Ressortissants d’autres Etats

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0.975.2

Original text

Convention for the Settlement of Investment Disputes between States and Nationals of Other States

Conclue, Washington, March 18, 1965
Signed by Switzerland on 22 September 1967
Approved by the Federal Assembly on March 12, 1968 1
Instrument of ratification deposited by Switzerland on 15 May 1968
Entry into force for Switzerland on 14 June 1968

(Status on 18 June 2014)

Preamble

The Contracting States

Considering the need for international cooperation for economic development, and the role played in this field by international private investment;

Having present in mind that disputes may arise at any time concerning such investments between Contracting States and nationals of other Contracting States;

Recognizing that if such disputes are normally to be the subject of recourse to domestic proceedings, international dispute resolution mechanisms may be appropriate in certain cases;

Attaching particular importance to the establishment of mechanisms for international conciliation and arbitration to which the Contracting States and nationals of other Contracting States may, if they so wish, submit their disputes;

Wishing to establish these mechanisms under the auspices of the International Bank for Reconstruction and Development;

Recognizing that the mutual consent of the parties to submit such disputes to conciliation or arbitration, through the use of such mechanisms, constitutes a binding agreement that requires, in particular, that any recommendation of the Conciliators shall be duly taken into consideration and any arbitral award executed; and

Stating that no Contracting State, by reason alone of its ratification, acceptance or approval of this Convention and without its consent, shall be deemed to have assumed no obligation to resort to conciliation or Arbitration, in any particular case,

Agreed to the following:

Chapter I The International Centre for the Settlement of Investment Disputes

Section 1 Creation and Organization

Art. 1

(1) It is hereby established, under this Convention, an International Centre for the Settlement of the Relating to Investment (hereinafter referred to as the Centre).

(2) The purpose of the Centre shall be to provide means of conciliation and arbitration to settle disputes concerning investments between Contracting States and nationals of other Contracting States, in accordance with the provisions of the Present Convention.

Art. 2

The headquarters of the Centre is the International Bank for Reconstruction and Development (hereinafter referred to as the Bank). The seat may be transferred to any other place by decision of the Administrative Council, taken by a two-thirds majority of its members.

Art. 3

The Centre is composed of a Board of Directors and a Secretariat. It maintains a list of conciliators and a list of arbitrators.

Section 2 Of the Administrative Board

Art. 4

(1) The Administrative Council shall comprise a representative of each Contracting State. An alternate may act as a representative if the holder is absent from a meeting or prevented from doing so.

(2) Unless otherwise appointed, the Governor and Alternate Governor of the Bank appointed by the Contracting State shall fill in full the respective functions of representative and alternate.

Art. 5

The President of the Bank is entitled President of the Administrative Council (hereinafter referred to as the President) without the right to vote. If it is absent or prevented or if the Presidency of the Bank is vacant, the person who replaces it at the Bank shall act as President of the Administrative Council.

Art. 6

(1) Without prejudice to the powers conferred upon it by the other provisions of this Convention, the Administrative Council shall:

A.
Adopts the Centre's by-laws and financial regulations;
B.
Adopts the Rules of Procedure for the introduction of conciliation and arbitration proceedings;
C.
Adopts the rules of procedure relating to conciliation and arbitration proceedings (hereinafter referred to as the Conciliation Rules and the Rules of Arbitration);
D.
Approves any arrangements with the Bank for the use of its premises and administrative services;
E.
Determines the terms and conditions of employment of the Secretary General and the Secretaries General;
F.
Adopts the annual income and expenditure budget of the Centre;
G.
Approves the annual report on the activities of the Centre.

The decisions referred to in paragraphs a, b, c and f above shall be taken by a two-thirds majority of the members of the Administrative Council.

(2) The Administrative Board may establish any commission that it considers necessary.

(3) The Administrative Council shall also exercise any other powers that it considers necessary for the implementation of the provisions of this Convention.

Art. 7

(1) The Administrative Council shall hold an annual session and any other session which has been either decided by the Council or convened by the President, shall be convened by the Secretary General on the request of at least five members of the Council.

(2) Each member of the Administrative Board shall have one vote and, with the exception provided for in this Convention, all matters referred to the Board shall be resolved by a majority of the votes cast.

(3) In all sessions of the Administrative Council, one-half of its members shall constitute a quorum.

(4) The Administrative Council may adopt by a majority of two-thirds of its members a procedure authorising the President to ask the Council for a postal vote. Such a vote shall be regarded as valid only if the majority of the members of the Council took part in it within the time limits set by that procedure.

Art. 8

The functions of members of the Administrative Council and of the President shall not be remunerated by the Centre.

Section 3 From the Secretariat

Art.

The Secretariat consists of a Secretary General, one or more Secretaries General and staff.

Art. 10

(1) The Secretary General and the Secretaries General shall be elected, upon presentation by the President, by the Administrative Council by a two-thirds majority of its members for a period not exceeding six years and shall be eligible for re-election. The President, after consultation with the members of the Administrative Council, shall present one or more candidates for each position.

(2) The functions of the Secretary General and Deputy Secretary General are incompatible with the exercise of any political function. Subject to derogation granted by the Administrative Council, the Secretary General and the Secretaries General may not take up other employment or other professional activities.

(3) In the event of the absence or incapacity of the Secretary General or if the post is vacant, the Deputy Secretary General shall act as Secretary General. If there are several Secretaries General, the Administrative Council shall determine in advance the order in which they will be called upon to carry out those functions.

Art. 11

The Secretary General shall legally represent the Centre, direct him and be responsible for his administration, including the recruitment of staff, in accordance with the provisions of this Convention and the regulations adopted by the Council Administrative. It shall act as Registrar and shall have the power to authenticate arbitral awards made under this Convention and to certify copies thereof.

Section 4 of the Lists

Art. 12

The list of conciliators and the list of arbitrators shall be composed of qualified persons, designated as follows and agreeing to appear on those lists.

Art. 13

(1) Each Contracting State may designate for inclusion on each list four persons who are not necessarily its nationals.

(2) The President may designate ten persons to appear on each list. Persons so designated on the same list must all be of a different nationality.

Art. 14

(1) The persons designated to appear on the lists shall have a high moral character, be of a recognized competence in the legal, commercial, industrial or financial matters and offer any guarantee of independence in the exercise of Their functions. The legal competence of the persons designated for the list of arbitrators is particularly important

(2) The President, in his designations, shall also take into account the interest in representing the main legal systems of the world and the main sectors of economic activity on these lists.

Art. 15

(1) Designations shall be made for renewable six-year periods.

(2) In the event of the death or resignation of a person on either list, the appointing authority may designate a replacement for the remainder of the term of office.

(3) The persons on the lists shall continue to appear on the lists until their successor is designated.

Art. 16

(1) The same person may appear on both lists.

(2) If a person is designated to be on the same list by several Contracting States, or by one or more of them and by the President, it shall be deemed to have been so designated by the authority that designated the person first; Is a national of a State which has participated in its designation, it shall be deemed to have been designated by that State.

(3) All designations shall be notified to the Secretary General and shall take effect from the date of receipt of the notification.

Section 5 Central Funding

Art. 17

If the operating expenses of the Centre cannot be covered by the fees paid for the use of its services or other revenue sources, the surplus shall be borne by the Contracting States members of the Bank In proportion to their subscription to the capital of the Bank and by those States which are not members of the Bank in accordance with the regulations adopted by the Administrative Council.

Section 6 Status, Immunities and Privileges

Art. 18

The Centre has full international legal personality. Among other things, it has the capacity:

A.
To contract;
B.
Acquire and dispose of movable and immovable property;
C.
To sue.
Art. 19

In order to perform its functions, the Centre shall enjoy, in the territory of each Contracting State, the immunities and privileges defined in this Section.

Art.

The Centre, its assets and assets shall not be subject to any legal action unless it waives such immunity.

Art.

The President, members of the Administrative Council, persons acting as conciliators, arbitrators or members of the Committee provided for in Art. 52, para. (3), and Secretariat employees and employees:

A.
Not subject to prosecution for acts performed by them in the performance of their duties, unless the Centre lifts that immunity;
B.
When they are not nationals of the State in which they perform their duties, they shall be entitled to the same immunities in matters relating to immigration, registration of aliens, military obligations or similar benefits, and the same Foreign exchange and travel, such as those granted by the Contracting States to representatives, officials and employees of comparable rank in other Contracting States.
Art.

The provisions of Art. 21 shall apply to persons participating in proceedings which are the subject of this Convention as parties, agents, advisers, lawyers, witnesses or experts, but paragraph b shall apply only to their movements and to their Stay in the country where the proceedings are taking place.

Art.

(1) The archives of the Centre shall be inviolable wherever situated.

(2) Each Contracting State shall accord to the Centre for its official communications such favourable treatment as it does to other international institutions.

Art. 24

(1) The Centre, its assets, property and income, and its operations authorized by this Convention shall be exempt from all taxes and customs duties. The Centre is also exempt from any obligation relating to the collection or payment of taxes or customs duties.

(2) No tax shall be levied on allowances paid by the Centre to the President or members of the Administrative Board or on salaries, emoluments or other allowances paid by the Centre to employees or employees of the Secretariat, except where The beneficiaries are nationals of the country in which they perform their duties.

(3) No tax shall be levied on any fees or allowances paid to persons acting as conciliators, arbitrators or members of the Committee under s. 52, para. (3) in the proceedings which are the subject of this Convention, if that tax has no other legal basis than the place where the Centre is situated, the place where the proceeding takes place or the place where the said fees or allowances are paid.

Chapter II The Competence of the Centre

Art. 25

(1) The competence of the Centre shall extend to legal disputes between a Contracting State (or such a public authority or such body as it designates at the Centre) and the national of another Contracting State which are in relation Direct with an investment and the parties have agreed in writing to submit to the Centre. When the parties have given their consent, none of them can withdraw it unilaterally.

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

A.
Any natural person possessing the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit the dispute to conciliation or arbitration, as well as to the date on which the Application was registered in accordance with s. 28, para. (3) or s. 36, para. (3), to the exclusion of any person who, at any of those dates, also has the nationality of the Contracting State party to the dispute;
B.
Any legal person possessing the nationality of a Contracting State other than the State party to the dispute on the date on which the parties consented to submit the dispute to conciliation or arbitration and any legal person who owns the Nationality of the Contracting State party to the dispute on the same date and that the parties have agreed, for the purposes of this Convention, to consider as a national of another Contracting State because of the control exercised on it by Foreign interests.

(3) The consent of a public authority or an agency dependent on a Contracting State may be given only after approval by that State, unless it indicates to the Centre that such approval is not necessary.

(4) Any Contracting State may, upon its ratification, acceptance or approval of the Convention or at any later date, make known to the Centre the category or categories of disputes that it considers to be subject to submission or Not within the competence of the Centre. The Secretary General shall immediately forward the notification to all Contracting States. The said notification does not constitute the consent required under para. (1).

Art. 26

The consent of the parties to arbitration under this Convention shall, unless otherwise provided, be considered to imply renunciation of any other remedy. As a condition of its consent to arbitration under this Convention, a Contracting State may require that domestic administrative or judicial remedies be exhausted.

Art. 27

(1) No Contracting State shall grant diplomatic protection or an international claim in respect of a dispute that one of its nationals and another Contracting State have consented to submit or have submitted to arbitration in the Of this Convention, unless the other Contracting State does not comply with the award given in the dispute.

(2) For the purposes of para. (1) Diplomatic protection is not intended solely for the purpose of facilitating the resolution of the dispute.

Chapter III Conciliation

Section 1 of the Request for Conciliation

Art. 28

(1) A Contracting State or a national of a Contracting State who wishes to initiate a conciliation procedure must address in writing a request to that effect to the Secretary General, who shall send a copy of the request to the other party.

(2) The request shall contain information concerning the subject-matter of the dispute, the identity of the parties and their consent to conciliation in accordance with the Rules of Procedure relating to the introduction of conciliation and arbitration proceedings.

(3) The Secretary General shall register the request unless he considers in the light of the information contained in the request that the dispute manifestly exceeds the competence of the Centre. The party must immediately notify the parties of the registration or refusal of registration.

Section 2 Of the Constitution of the Conciliation Commission

Art.

(1) The Conciliation Commission (hereinafter referred to as the Commission) shall be constituted as soon as possible after registration of the application in accordance with Art. 28.

(2) a.
The Commission shall consist of a single conciliator or an odd number of conciliators appointed in accordance with the agreement of the parties
B.
In the absence of agreement between the parties on the number of conciliators and their method of appointment, the Commission shall comprise three conciliators; each party shall appoint one conciliator and the third, who shall be the President of the Commission, shall be appointed by agreement of the Parts.
Art.

If the Commission has not been established within 90 days of the notification of the registration of the request by the Secretary General in accordance with Art. 28, para. (3) or within any other time agreed upon by the parties, the President shall, at the request of the most diligent party, and, if possible, after consultation with the parties, appoint the conciliator or conciliators not yet appointed.

Art.

(1) Conciliators may be taken out of the list of conciliators, except in the case of an appointment by the President under s. 30.

(2) Conciliators appointed outside the conciliators list must have the qualifications set out in s. 14, para. (1).

Section 3 Of the procedure before the Commission

Art. 32

(1) The Commission shall be a judge of its jurisdiction.

(2) Any statement of jurisdiction raised by one of the parties and based on the ground that the dispute is not within the jurisdiction of the Centre or, for any other reason, that of the Commission shall be considered by the Commission to determine whether Be treated as a preliminary issue or if its examination is to be attached to the substantive questions.

Art. 33

Any conciliation procedure shall be conducted in accordance with the provisions of this Section and, unless otherwise agreed by the parties, in the Conciliation Regulations in force on the date on which they consented to conciliation. If a matter of procedure not provided for in this Section or the Conciliation Rules or any other regulation adopted by the parties arises, it shall be decided by the Commission.

Art. 34

(1) The function of the Commission is to clarify the issues between the parties and shall endeavour to bring them to a mutually acceptable solution. For this purpose, the Commission may at any stage of the procedure and on several occasions recommend to the parties the terms of a regulation. The parties must cooperate in good faith with the Commission in order to enable it to carry out its functions and must take the utmost account of its recommendations.

(2) If the parties agree, the Commission shall draw up a record of the points in dispute and take note of the agreement of the parties. If at any stage of the proceedings the Commission considers that there is no possibility of agreement between the parties, it shall terminate the proceedings and record that the dispute has been submitted to conciliation and that the parties Failed to reach an agreement. If one of the parties fails or fails to participate in the proceedings, the Commission shall close the proceedings and record a record that one of the parties has failed or refrained from participating in the proceedings.

Art. 35

Unless otherwise agreed by the parties, none of them may, in the course of another proceeding before arbitrators, a court or any other means, invoke the views expressed, the declarations or the offers of settlement made by The other party during the proceedings, as well as the minutes or recommendations of the Commission.

Chapter IV Arbitration

Section 1 of the Request for Arbitration

Art. 36

(1) A Contracting State or a national of a Contracting State who wishes to initiate an arbitration procedure must address in writing a request to that effect to the Secretary General, who shall send a copy of the request to the other party.

(2) The request shall contain information concerning the subject matter of the dispute, the identity of the parties and their consent to arbitration in accordance with the Rules of Procedure relating to the introduction of conciliation and arbitration proceedings.

(3) The Secretary General shall register the request unless he considers in the light of the information contained in the request that the dispute manifestly exceeds the competence of the Centre. The party must immediately notify the parties of the registration or refusal of registration.

Section 2 Of the Constitution of the Tribunal

Art.

(1) The Arbitral Tribunal (hereinafter referred to as the Tribunal) shall be constituted as soon as possible after registration of the motion in accordance with s. 36.

(2) a.
The Tribunal shall consist of a single arbitrator or an odd number of arbitrators appointed in accordance with the agreement of the parties.
B.
In the absence of agreement between the parties on the number of arbitrators and their mode of appointment, the Tribunal shall consist of three arbitrators; each party shall appoint one arbitrator and the third, who is the President of the Tribunal, shall be appointed by agreement of the parties.
Art. 38

If the Court of First Instance was not established within 90 days of the notification of the registration of the request by the Secretary General in accordance with Art. 36, para. (3) or within any other time agreed upon by the parties, the President, at the request of the most diligent party and, if possible, after consultation with the parties, shall appoint the arbitrator or arbitrators not yet appointed. The arbitrators appointed by the President in accordance with the provisions of this Article shall not be nationals of the Contracting State party to the dispute or of the Contracting State of which the national is a party to the dispute.

Art. 39

The arbitrators comprising the majority must be nationals of States other than the Contracting State party to the dispute and the Contracting State of which the national is a party to the dispute; it being understood, however, that that provision shall not apply Not if, by mutual agreement, the parties designate the sole arbitrator or each of the members of the Tribunal.

Art. 40

(1) The arbitrators may be taken out of the list of arbitrators, except in the case of an appointment by the President under s. 38.

(2) An arbitrator appointed outside the list of arbitrators shall possess the qualifications set out in s. 14, para. (1).

Section 3 Powers and Duties of the Tribunal

Art.

(1) The Tribunal is a judge of its jurisdiction.

(2) Any declaration of jurisdiction raised by one of the parties and based on the ground that the dispute is not within the jurisdiction of the Centre or, for any other reason, that of the Tribunal must be considered by the Tribunal to determine whether it should be Addressed as a preliminary issue or if its examination should be attached to the substantive questions.

Art.

(1) The Tribunal shall rule on the dispute in accordance with the rules of law adopted by the parties. In the absence of an agreement between the parties, the Court of First Instance shall apply the law of the Contracting State party to the dispute-including the rules on conflicts of laws-and the principles of international law in this matter.

(2) The Tribunal shall not refuse to judge on the pretext of the silence or obscurity of the law.

(3) The provisions of the preceding paragraphs shall not affect the ability of the Tribunal, if the parties agree, to decide Ex aequo and bono.

Art. 43

Unless otherwise agreed by the parties, the Tribunal, if it considers it necessary, may at any time during the proceedings:

A.
Request parties to produce all documents or other evidence, and
B.
Carry on the premises and carry out such investigations as it considers necessary.
Art. 44

Any arbitration proceeding shall be conducted in accordance with the provisions of this Section and, unless otherwise agreed by the parties, the Arbitration Rules in force on the date on which they consented to arbitration. If a matter of procedure not provided for in this Section or the Arbitration Rules or any other regulation adopted by the parties arises, it shall be decided by the Tribunal.

Art. 45

(1) If one of the parties fails or refrains from exercising its means, it is not deemed to be acquiescing in the claims of the other party.

(2) If one of the parties fails or refrains from exercising his or her means at any time during the proceedings, the other party may ask the Tribunal to consider the heads of findings submitted to it and to render its award. The Court of First Instance must, by notifying the defaulting party of the application before it, grant it a grace period before making its award, unless it is satisfied that the party does not intend to appear or to do so Claim his or her means.

Art.

Unless otherwise agreed by the parties, the Tribunal shall, at the request of one of the parties, rule on any incidental, additional or counterclaim relating directly to the subject-matter of the dispute, provided that such requests are Covered by the consent of the parties and otherwise fall within the competence of the Centre.

Art.

Unless otherwise agreed by the parties, the Tribunal may, if it considers that the circumstances so require, recommend any interim measures to safeguard the rights of the parties.

Section 4 Sentence

Art. 48

(1) The Tribunal shall rule on any matter by a majority of the votes of all its members.

(2) The award shall be made in writing and shall be signed by the members of the Tribunal who voted in favour of the award.

(3) The award shall respond to all heads of findings submitted to the Tribunal and must be reasoned.

(4) Any member of the Tribunal may attach to the award his or her particular opinion-whether or not he shares the opinion of the majority-or the statement of his or her disbelief.

(5) The Centre shall not publish any award without the consent of the parties.

Art.

(1) The Secretary General shall promptly send certified copies of the award to the parties. The award shall be deemed to have been made on the day the copies were sent.

(2) At the request of one of the parties, to present within 45 days of the award, the Tribunal may, after notification to the other party, rule on any matter on which the Tribunal has failed to rule in the award and correct any error Material contained in the sentence. Its decision shall form an integral part of the award and shall be notified to the parties in the same manner as the award. Time limits under s. 51, para. (2) and s. 52, para. (2) run from the date of the corresponding decision.

Section 5-Interpretation, Revision and Cancellation of Sentence

Art. 50

(1) Any dispute that may arise between the parties concerning the meaning or scope of the award may be the subject of an application for interpretation in writing addressed to the Secretary General by either party.

(2) The application shall, if possible, be submitted to the Court of First Instance. If this is not possible, a new Tribunal shall be established in accordance with Section 2 of this Chapter. The Court of First Instance may, if it considers that the circumstances so require, decide to suspend the execution of the award until it has pronounced itself on the request for interpretation.

Art.

(1) Each party may request, in writing, the Secretary General to review the award on account of the discovery of a fact of such a nature as to have a decisive influence on the award, provided that before the award of the award Was unknown to the Tribunal and the plaintiff and that there was no fault on the part of the applicant to ignore it.

(2) An application must be made within 90 days after the discovery of the new fact and, in any case, within three years after the date of the award.

(3) If possible, the application shall be submitted to the Court of First Instance. If this is not possible, a new Tribunal shall be established in accordance with Section 2 of this Chapter.

(4) The Tribunal may, if it considers that the circumstances so require, decide to suspend the execution of the award until it has pronounced itself on the application for review. If, in its application, the party in question requires that the execution of the award be stayed, the enforcement shall be provisionally suspended until the Court of First Instance has decided on that request.

Art.

(1) Each party may request, in writing, the Secretary General to set aside the award for any of the following reasons:

A.
Vice-Constitution of the Tribunal;
B.
Excess of manifest power of the Tribunal;
C.
Bribery of a member of the Tribunal;
D.
Serious reservation of a basic rule of procedure;
E.
Moves for reasons.

(2) Any application must be made within 120 days after the date of the award, unless the cancellation is requested because of corruption, in which case the application must be made within 120 days after the discovery of the corruption and, In any case, within three years after the date of the award.

(3) On receipt of the request, the President shall immediately appoint among the persons whose names appear on the list of arbitrators, a Committee Ad hoc Of three members. No member of the said Committee shall be chosen from among the members of the Tribunal who have rendered the award or possess the same nationality as one of the members of the Tribunal or of the State party to the dispute or of the State of which the national is a party to the Dispute, or have been appointed to appear on the list of arbitrators by one of the said States, or have fulfilled the duties of the conciliator in the same case. The Committee shall have the power to annul the award in whole or in part for any of the grounds listed in para. (1) of this Article.

(4) The provisions of s. 41-45, 48, 49, 53 and 54 and chap. VI and VII apply Mutatis mutandis Procedure before the Committee.

(5) The Committee may, if it considers that the circumstances so require, decide to suspend the execution of the award until it has ruled on the application for cancellation. If, in its application, the party in question requires that the execution of the award be stayed, the enforcement shall be provisionally suspended until such time as the Committee has decided on that request.

(6) If the award is declared void, the dispute shall, at the request of the most diligent party, be submitted to a new Tribunal constituted in accordance with Section 2 of this Chapter.

Section 6 Recognition and Enforcement of Sentence

Art.

(1) The award shall be binding on the parties and shall not be the subject of any appeal or other remedy, other than those provided for in this Convention. Each party shall give effect to the award in accordance with its terms, unless the execution is suspended under the provisions of this Convention.

(2) For the purposes of this Section, an "award" includes any decision concerning the interpretation, review or revocation of an award under s. 50, 51 or 52.

Art.

(1) Each Contracting State shall recognize any award made in the context of this Convention as binding and shall ensure the execution in its territory of the pecuniary obligations imposed by the award as if it were a final judgment A court operating in the territory of that State. A Contracting State with a federal constitution may enforce the award through its federal courts and provide that they shall consider such an award as a final judgment of the courts of one of the States Federated.

(2) In order to obtain recognition and enforcement of an award in the territory of a Contracting State, the interested party must submit a certified copy by the Secretary General to the competent national court or to any other authority The said Contracting State shall have designated to that effect. Each Contracting State shall inform the Secretary General of the competent court or the authorities it designates to that effect and shall keep it informed of any changes.

(3) Enforcement shall be governed by the law concerning the enforcement of judgments in force in the State in whose territory it is sought to be carried out.

Art.

None of the provisions of s. 54 cannot be interpreted as an exception to the law in force in a Contracting State concerning the immunity from the execution of that State or of a foreign State.

Chapter V Replacement and Recusation of the Conciliators and the Arbitres

Art. 56

(1) Once a Commission or a Tribunal has been established and the proceedings commenced, its composition cannot be amended. However, in the event of death, incapacity or resignation of a conciliator or arbitrator, the vacancy shall be filled in accordance with the provisions of the Chap. III, Section 2 or Chap. IV, Section 2.

(2) Any member of a Commission or a Tribunal shall continue to perform its duties in that capacity notwithstanding the fact that its name no longer appears on the list.

(3) If a conciliator or an arbitrator appointed by a party resigns without the consent of the Commission or the Tribunal of which he or she is a member, the Chairperson shall provide the vacancy by taking a name on the appropriate list.

Art. 57

A party may request the Commission or the Tribunal to challenge one of its members on any ground involving a manifest defect in the qualifications required by s. 14, para. (1). A party to an arbitration procedure may, in addition, request the disqualification of an arbitrator on the ground that he did not meet the conditions set out in Section 2 of the Chap. IV for appointment to the Tribunal Arbitral.

Art.

The other members of the Commission or the Tribunal, as the case may be, shall decide on any request for the objection of a conciliator or an arbitrator. However, in the event of an equal division of votes, or if the request for recusal is for a conciliator or a sole arbitrator or a majority of the Commission or the Tribunal, the decision shall be taken by the President. If the validity of the application is acknowledged, the conciliator or arbitrator referred to in the decision shall be replaced in accordance with the provisions of the Chap. III, Section 2 or Chap. IV, Section 2.

Chapter VI Fees of Procedure

Art.

The fees payable by the parties for the use of the Centre's services shall be fixed by the Secretary General in accordance with the regulations adopted in the matter by the Administrative Council.

Art. 60

(1) Each Commission and each Tribunal shall fix the fees and expenses of its members within the limits defined by the Administrative Council and after consulting the Secretary General.

(2) Notwithstanding the provisions of the preceding paragraph, the parties may fix in advance, in agreement with the Commission or the Tribunal, the fees and expenses of its members.

Art. 61

(1) In the case of a conciliation procedure, the fees and expenses of the members of the Commission and the fees payable for the use of the services of the Centre shall be borne equally by the parties. Each party shall bear all the other expenses incurred by it for the purposes of the procedure.

(2) In the case of an arbitration procedure the Court of First Instance shall fix, unless otherwise agreed by the parties, the amount of the expenditure incurred by them for the purposes of the procedure and shall decide on the arrangements for the allocation and payment of such expenditure, Fees and fees of members of the Tribunal and royalties due for the use of the Centre's services. This decision is an integral part of the award.

Chapter VII Place of Procedure

S. 62

The conciliation and arbitration proceedings shall take place at the headquarters of the Centre, subject to the following provisions.

S. 63

If the parties so decide, the conciliation and arbitration procedures may take place:

A.
Either at the seat of the Permanent Court of Arbitration or any other appropriate institution, public or private, with which the Centre will have arrangements for that purpose;
B.
In any other place approved by the Commission or the Court of First Instance after consulting the Secretary General.

Chapter VIII Disputes between Contracting States

Art. 64

Any dispute which may arise between the Contracting States in respect of the interpretation or application of this Convention and which is not resolved amicably shall be brought before the International Court of Justice at the request of any party to the Dispute, unless the States concerned agree to another method of settlement.

Chapter IX Amendments

Art.

Any Contracting State may propose amendments to this Convention. Any text of amendment shall be communicated to the Secretary General at least 90 days before the meeting of the Administrative Council in which the amendment is to be considered, and shall be immediately transmitted by it to all members of the Administrative Council.

Art. 66

(1) If the Administrative Council so decides by a two-thirds majority of its members, the proposed amendment shall be distributed to all Contracting States for the purpose of ratification, acceptance or approval. Each amendment shall enter into force 30 bears after the submission by the depositary of this Convention of a notice addressed to the Contracting States informing them that all Contracting States have ratified, accepted or approved the amendment.

(2) No amendment shall affect the rights and obligations of a Contracting State, a public authority or an agency dependent on it or any of its nationals, under this Convention arising out of Consent to the competence of the Centre given before the date of entry into force of the said amendment.

Chapter X Final Provisions

Art. 67

This Convention shall be open for signature by the member States of the Bank. It shall also be open for signature by any other State Party to the Statute of the International Court of Justice which the Administrative Council, by a two-thirds majority of its members, will have invited to sign the Convention.

Art. 68

(1) This Convention shall be subject to ratification, acceptance or approval by the signatory States in accordance with their constitutional procedures.

(2) This Convention shall enter into force 30 days after the date of the deposit of the twentieth instrument of ratification, acceptance or approval. In respect of any State which subsequently depositing its instrument of ratification, acceptance or approval, it shall enter into force 30 days after the date of the said deposit.

Art. 69

Any Contracting State shall take such legislative or other measures as may be necessary to give effect in its territory to the provisions of this Convention.

Art.

This Convention shall apply to all territories which a Contracting State represents on the international level, with the exception of those excluded by that State by notification addressed to the depositary of this Convention at the time of Ratification, acceptance or approval at a later date.

Art.

Any Contracting State may denounce this Convention by notification addressed to the depositary of this Convention. Denunciation shall take effect six months after receipt of such notification.

Art. 72

No notification by a Contracting State under Art. 70 and 71 shall not affect the rights and obligations of that State, a public authority or an agency dependent on it or any of its nationals, under this Convention, which derive from a consent to the competence of the Centre given by one of them prior to the receipt of such notification by the depositary.

Art.

Instruments of ratification, acceptance or approval of this Convention and any amendments thereto shall be deposited with the Bank, which shall act as depositary of this Convention. The depositary shall transmit copies of this Convention certified to the member States of the Bank and to any other State invited to sign the Convention.

S. 74

The depositary shall register this Convention with the United Nations Secretariat in accordance with art. 102 of the United Nations Charter 1 And the relevant Regulations adopted by the General Assembly.


1 RS 120

Art. 75

The depositary shall notify all signatory States of the information concerning:

A.
Signatures in accordance with Art. 67;
B.
The deposit of instruments of ratification, acceptance or approval in accordance with Art. 73;
C.
The date of entry into force of this Convention in accordance with Art. 68;
D.
The exclusions from the territorial application in accordance with Art. 70;
E.
The date of entry into force of any amendment to this Convention in accordance with Art. 66;
F.
Denunciations in accordance with Art. 71.

Done at Washington in English, Spanish and French, the three texts being equally authentic, in a single copy which shall remain deposited in the archives of the International Bank for Reconstruction and Development, which indicated by its signature Below that it agrees to carry out the functions carried out under this Convention.

Scope of application on 18 June 2014 2

States Parties

Ratification

Entry into force

Afghanistan

25 June

1968

July 25

1968

Albania

15 October

1991

14 November

1991

Algeria

21 February

1996

22 March

1996

Germany *

18 April

1969

18 May

1969

Saudi Arabia

8 May

1980

7 June

1980

Argentina

19 October

1994

18 November

1994

Armenia

16 September

1992

October 16

1992

Australia

2 May

1991

1 Er June

1991

Austria

25 May

1971

24 June

1971

Azerbaijan

18 September

1992

18 October

1992

Bahamas

19 October

1995

18 November

1995

Bahrain

February 14

1996

15 March

1996

Bangladesh

March 27

1980

April 26

1980

Barbados

1 Er November

1983

1 Er December

1983

Belarus

10 July

1992

August 9

1992

Belgium

August 27

1970

26 September

1970

Benin

September 6

1966

14 October

1966

Bosnia and Herzegovina

14 May

1997

13 June

1997

Botswana

15 January

1970

February 14

1970

Brunei

February 16

2002

October 16

2002

Bulgaria

13 April

2001

13 May

2001

Burkina Faso

29 August

1966

14 October

1966

Burundi

5 November

1969

5 December

1969

Cambodia

20 December

2004

19 January

2005

Cameroon

3 January

1967

2 February

1967

Canada

1 Er November

2013

1 Er December

2013

Cape Verde

27 December

2010

26 January

2011

Chile

24 September

1991

24 October

1991

China *

7 January

1993

February 6

1993

Hong Kong

4 June

1997

1 Er July

1997

Macao

13 December

1999

20 December

1999

Cyprus

25 November

1966

25 December

1966

Colombia

July 15

1997

August 14

1997

Comoros

7 November

1978

7 December

1978

Congo (Brazzaville)

23 June

1966

14 October

1966

Congo, Kinshasa

29 April

1970

29 May

1970

Korea (South)

21 February

1967

23 March

1967

Costa Rica

April 27

1993

27 May

1993

Côte d' Ivoire

February 16

1966

14 October

1966

Croatia

22 September

1998

22 October

1998

Denmark

24 April

1968

24 May

1968

Faroe Islands

30 October

1968

30 October

1968

Egypt

3 May

1972

2 June

1972

El Salvador

6 March

1984

5 April

1984

United Arab Emirates

December 23

1981

22 January

1982

Spain

August 18

1994

September 17

1994

Estonia

23 June

1992

July 23

1992

United States

10 June

1966

14 October

1966

Fiji

August 11

1977

10 September

1977

Finland

9 January

1969

February 8

1969

France

August 21

1967

September 20

1967

Gabon

April 4

1966

14 October

1966

Gambia

27 December

1974

26 January

1975

Georgia

7 August

1992

September 6

1992

Ghana

July 13

1966

14 October

1966

Greece

April 21

1969

21 May

1969

Grenada

24 May

1991

23 June

1991

Guatemala

21 January

2003

20 February

2003

Guinea

4 November

1968

4 December

1968

Guyana

July 11

1969

10 August

1969

Haiti

27 October

2009

26 November

2009

Honduras

February 14

1989

March 16

1989

Hungary

4 February

1987

6 March

1987

Indonesia

28 September

1968

28 October

1968

Ireland

7 April

1981

7 May

1981

Iceland

July 25

1966

14 October

1966

Israel

22 June

1983

July 22

1983

Italy

March 29

1971

28 April

1971

Jamaica

9 September

1966

14 October

1966

Japan

August 17

1967

16 September

1967

Jordan

30 October

1972

29 November

1972

Kazakhstan

21 September

2000

21 October

2000

Kenya

3 January

1967

2 February

1967

Kosovo

29 June

2009

July 29

2009

Kuwait

2 February

1979

March 4

1979

Lesotho

July 8

1969

7 August

1969

Latvia

8 August

1997

7 September

1997

Lebanon

26 March

2003

April 25

2003

Liberia

June 16

1970

July 16

1970

Lithuania

July 6

1992

August 5

1992

Luxembourg

July 30

1970

29 August

1970

Macedonia

27 October

1998

26 November

1998

Madagascar

September 6

1966

14 October

1966

Malaysia

8 August

1966

14 October

1966

Malawi

August 23

1966

14 October

1966

Mali

3 January

1978

2 February

1978

Malta

3 November

2003

3 December

2003

Morocco

11 May

1967

10 June

1967

Mauritius

2 June

1969

July 2

1969

Mauritania

11 January

1966

14 October

1966

Micronesia

24 June

1993

24 July

1993

Moldova

5 May

2011

4 June

2011

Mongolia

14 June

1991

July 14

1991

Montenegro

10 April

2013

10 May

2013

Mozambique

7 June

1995

7 July

1995

Nepal

7 January

1969

February 6

1969

Nicaragua

20 March

1995

19 April

1995

Niger

14 November

1966

14 December

1966

Nigeria

August 23

1965

14 October

1966

Norway

August 16

1967

September 15

1967

New Zealand *

2 April

1980

2 May

1980

Oman

24 July

1995

August 23

1995

Uganda

7 June

1966

14 October

1966

Uzbekistan

26 July

1995

August 25

1995

Pakistan

September 15

1966

15 October

1966

Panama

April 8

1996

8 May

1996

Papua New Guinea

20 October

1978

19 November

1978

Paraguay

7 January

1983

February 6

1983

Netherlands *

September 14

1966

14 October

1966

Aruba

September 14

1966

14 October

1966

Curaçao

September 14

1966

14 October

1966

Caribbean (Bonaire, Sint Eustatius and Saba)

September 14

1966

14 October

1966

Sint Maarten

September 14

1966

14 October

1966

Peru

August 9

1993

8 September

1993

Philippines

17 November

1978

17 December

1978

Portugal

July 2

1984

1 Er August

1984

Qatar

21 December

2010

20 January

2011

Central African Republic

23 February

1966

14 October

1966

Czech Republic

23 March

1993

22 April

1993

Romania

12 September

1975

12 October

1975

United Kingdom *

19 December

1966

January 18

1967

Guernsey

10 December

1968

Isle of Man

1 Er November

1983

Jersey

1 Er July

1979

Rwanda

15 October

1979

14 November

1979

Saint Lucia

4 June

1984

4 July

1984

Saint Kitts and Nevis

August 4

1995

3 September

1995

Saint Vincent and the Grenadines

16 December

2002

15 January

2003

Solomon Islands

8 September

1981

8 October

1981

Samoa

April 25

1978

25 May

1978

Sao Tome and Principe

20 May

2013

19 June

2013

Senegal

April 21

1967

21 May

1967

Serbia

9 May

2007

8 June

2007

Seychelles

20 March

1978

19 April

1978

Sierra Leone

2 August

1966

14 October

1966

Singapore

14 October

1968

13 November

1968

Slovakia

27 May

1994

26 June

1994

Slovenia

7 March

1994

April 6

1994

Somalia

29 February

1968

30 March

1968

Sudan

April 9

1973

9 May

1973

South Sudan

18 April

2012

18 May

2012

Sri Lanka

12 October

1967

11 November

1967

Sweden

29 December

1966

28 January

1967

Switzerland

15 May

1968

14 June

1968

Swaziland

14 June

1971

July 14

1971

Syria

25 January

2006

24 February

2006

Tanzania

18 May

1992

17 June

1992

Chad

29 August

1966

14 October

1966

Timor-Leste

July 23

2002

22 August

2002

Togo

August 11

1967

10 September

1967

Tonga

21 March

1990

20 April

1990

Trinidad and Tobago

3 January

1967

2 February

1967

Tunisia

22 June

1966

14 October

1966

Turkmenistan

26 September

1992

26 October

1992

Turkey

3 March

1989

2 April

1989

Ukraine

7 June

2000

7 July

2000

Uruguay

August 9

2000

8 September

2000

Yemen

21 October

2004

20 November

2004

Zambia

17 June

1970

17 July

1970

Zimbabwe

20 May

1994

19 June

1994

*

Reservations and declarations, see below.

A

The Convention is not applicable to the Cook Islands, Niue and Tokelau.

Reservations and declarations

China

In accordance with Art. 25, para. 4, of the Convention, the Government of the People's Republic of China declares that it will not submit the different matters concerning expropriation or nationalization to the competence of the Centre.

United Kingdom

In accordance with Art. 70 of the Convention, the United Kingdom excluded, at the time it ratified the Convention and until notification to the contrary, the following territories for which it is responsible for international relations: the Channel Islands, Ile de Man, Southern Rhodesia, Brunei, Aden, South Arabian Protectorate, Kamaran, Kuria Muria Islands, Périm. The United Kingdom ceased to be responsible for the international relations of Kamaran and the Protectorate of South Arabia on 28 November 1967 and for those of Aden, Kuria Muria and Perm Islands on 30 November 1967. By notification received on 10 November 1968, the United Kingdom withdrew from the list of excluded territories the Bailiwick of Guernsey, which is part of the Channel Islands.

Until the independence of Fiji on 10 October 1970, Mauritius on 12 March 1968 and Swaziland on 6 September 1968, the ratification of the United Kingdom applied to each of them. On 4 June 1970, the United Kingdom abandoned all responsibility for the conduct of the international affairs of the Kingdom of Tonga.

On 19 June 1973, Great Britain declared that the following British Territories are excluded from the application of the Convention: British Indian Ocean Territory, Pitcairn Island, British Antarctic Territory, areas under British sovereignty in Cyprus and New Hebrides.

The Convention also applies to Jersey.

The Convention also applies to the Isle of Man.


RO 1968 1022; FF 1967 II 1460


1 RO 1968 1021
2 RO 1972 1694, 1974 1411, 1976 503, 1977 10, 1978 310, 1980 1478, 1982 1996, 1986 2059, 1987 1867, 1991 803, 1992 997, 2003 3365, 2006 2795, 2008 43, 2014 2167. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on 18 June 2014