9 DE JANEIRO DE 1993

266-(17)

Article 15

Consultation

1 — In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consult each other whenever necessary with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of this Agreement and the annexes thereto.

2 — Such consultations shall begin within a period of 60 days from the date of written request by the other Contracting Party unless otherwise agreed by both Contracting Parties.

Article 16

Modifications

1 — If either of the Contracting Parties considers it desirable to modify any provision of this Agreement, it may request consultation with the other Contracting Party; such consultation, which may be between the aeronautical authorities and wich may be through discussion or by correspondence, shall begin within a period of 60 days of the date of the request. Any modifications so agreed shall come into force when they have been confirmed by an exchange of diplomatic notes.

2 — Modifications to annexes may be made by direct agreement between the aeronautical authorities of the Contracting Parties.

Article 17 Conformity with multilateral convention

In the event that both Contracting Parties will have accepted a general multilateral air transport convention, the provisions of such convention shall prevail over the provisions of this Agreement.

Article 18 Termination

Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate this Agreement; such notice shall be simultaneously, communicated to the International Civil Aviation Organization. In such case the Agreement shall terminate 12 months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received 14 days after the receipt of the notice by the International Civil Aviation Organization.

Article 19 Settlement of disputes

1 — If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement and the annexes thereto, the Contracting Parties shall, in the first place, endeavour to settle it by negotiation.

2 — If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body or the dispute may, at the request of either Contracting Party, be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of 60 days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute and the third arbitrator shall be appointed within a further period of 60 days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the president of the Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires.

In such case the third arbitrator shall be a national of a third State and shall act as president of the arbitral tribunal.

3 — The Contracting Parties undertake to comply with any decision given under paragraph 2 of this article.

4 — If and so long as either Contracting Party or the designated airlines of either Contracting Party fail to comply with the decision given under paragraph 2 of this article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default.

5 — Each Contracting Party shall pay the expenses of the arbitrator it has nominated. The remaining expenses of the arbitral tribunal shall be shared equally by the Contracting Parties.

. Article 20 Tides

Titles are inserted in this Agreement at the head of each article for the purpose of reference and convenience and in no way define, limit or describe the scope or intent of this Agreement.

Article 21 Registration

This Agreement and its annexes shall be registered with the International Civil Aviation Organization.

Article 22 Entry into force

This Agreement and its annexes, which constitute an integral part of this Agreement, shall enter into force after fulfilment of the constitutional requirements by each Contracting Party, on the date of the later of the diplomatic notes exchanged to this effect.

In witness whereof, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.