Article 7 (7)

The following provisions shall apply to a dispute described in paragraph (6), but only following the exhaustion of all relevant contractual or other dispute resolution remedies previously agreed between the Contracting Parties party to the dispute or between any entity referred to in paragraph (6) and an entity of another Contracting Party party to the dispute:

  • (a)  A Contracting Party party to the dispute may refer it to the Secretary General by a notification summarising the matters in dispute. The Secretary General shall notify all Contracting Parties of any such referral.

  • (b)  Within 30 days of receipt of such a notification, the Secretary General, in consultation with the parties to the dispute and the other Contracting Parties concerned, shall appoint a conciliator. Such a conciliator shall have experience in the matters subject to dispute and shall not be a national or citizen of or permanently resident in a party to the dispute or one of the other Contracting Parties concerned.

  • (c)  The conciliator shall seek the agreement of the parties to the dispute to a resolution thereofor upon a procedure to achieve such resolution. If within 90 days of his appointment he has failed to secure such agreement, he shall recommend a resolution to the dispute or a procedure to achieve such resolution and shall decide the interim tarifs and other terms and conditions to be observed for Transit from a date which he shall specify until the dispute is resolved.

  • (d)  The Contracting Parties undertake to observe and ensure that the entities under their control or jurisdiction observe any interim decision under subparagraph (c) on tarifs, terms and conditions for 12 months following the conciliator’s decision or until resolution of the dispute, whichever is earlier.

  • (e)  Notwithstanding subparagraph (b) the Secretary General may elect not to appoint a conciliator if in his judgement the dispute concerns Transit that is or has been the subject of the dispute resolution procedures set out in subparagraphs (a) to (d) and those proceedings have not resulted in a resolution of the dispute.

  • (f)  The Charter Conference shall adopt standard provisions concerning the conduct of conciliation and the compensation of conciliators.

 

 

 

  • BA-37 (01/03/93): Article 11.7 - Transport and Transit
  • From (Compromise text) ECT 1 [CONF 50] (15/03/93) to ECT 2 [CONF 56] (01/05/93): Article 8.7 - Transport and Transit
  • From ECT 3 [CONF 60] (01/06/93) to Interim text (25/06/94): Article 8.7 - Transit
  • From CONF 104 (Text for adoption) (14/09/94) to ECT as adopted (17/12/94): Article 7.7 - Transit