300-(22)

II SÉRIE-A — NÚMERO 20

For Japan (ll/Feb/92):

Ryohei Murata, ambassador of Japan to the United States of America.

Por México (Il/Feb792):

Gustavo Petricioli /., embajador de México ante el Gobierno de los Estados Unidos de América.

by the Secretary General of the Organization of American States. If either of the parties fails to appoint an arbitrator, one shall be appointed by the referee. If either of the appointed arbitrators or the referee is unwilling or unable to act or to continue to act, his successor shall be appointed in the same manner as for the original appointment The successor shall have the same functions and faculties as his predecessor.

Por Nicaragua (1 l/FebV92):

Ernesto Polozio, embajador de Nicaragua ante el Gobiemo de los Estados Unidos de América.

Por Peru (ll/FebV92):

Roberto MacLean, embajador del Perú ante el Gobiemo de los Estados Unidos de América.

Por Portugal (1 l/Fev/92):

Manuel França e Suva, director-geral do Tesouro, Ministério das Finanças.

Por El Salvador (ll/FebV92):

Miguel A. Saíaverria, embajador de El Salvador ante el Gobierno de los Estados Unidos de América.

Por España (Il/Feb792):

José Aranzadi Martínez, Ministro de Industria, Comercio y Turismo de España.

Article 2 Initiation of the procedure

In order to submit the dispute to arbitration the claimant shall address to the other party a written (xnrtmunicanon setting forth the nature of the claim, the satisfaction or compensation which it seeks, and the name of the arbitrator it appoints. The party receiving such communication shall, within forty-five days, notify the advene parry of the name of the person it appoints as arbitrator. If, within thirty days after delivery of such notification to the claimant me parties have not agreed as to the person who is to act as referee, either party may request die Secretary General of die Organization of American States to make the appointment

Article 3

Convening of the Tribunal

The Arbitration Tribunal shall be convened in Washington, district of Columbia, United States of America, on the date designated by the referee, and, once convened, shall meet on the dates which the Tribunal itself shall establish.

For the United States of America (ll/FebJ92):

Nicolas Brady, secretary of the Treasury of the United States of America.

Por Uruguay (U/Feb./92):

Eduardo MacGuillicuddy, embajador de Uruguay ante el Gobiemo de los Estados Unidos de América.

Por Venezuela (1 l/Feb/92):

Simón A. ConsaJvi, embajador de Venezuela ante el Gobierno de los Estados Unidos de América.

ANNEX A Arbitration procedures

Article 1 Composition of the Tribunal

The Arbitration Tribunal to resolve disputes under article 7, section 5, of the Agreement for the Administration of the Multilateral Investment Fund (hereinafter referred to as the «Agree-ment») shall be composed of three members to be appointed in tie following manner one by the Bank, another by the Donors Committee, and a third, hereinafter called the «eferee», by direct agreement between the parties or through their respective arbitrators. If the parties or the arbitrators fail to agree on who shall be the referee, or if one.of the parties should not designate an arbitrator, the referee shall be appointed, at the request of either party,

Article 4 Procedure

a) The Tribunal shall be competent to hear only the matters in dispute. It shall adopt its own procedures and may on its own iniciative designate whatever experts it considers necessary. In any case, it shall give the parties the opportunity to make oral presentations.

b) The Tribunal shall proceed ex aequo et bono, basing itself on the terms of the Agreement and shall issue an award even if either party should fail to appear or present its case.

c) The award shall be in writing and shall be adopted with the concurrent vote of at least two members of the Tribunal. It shall be handed down within approximately sixty days from the date on which the referee has been appointed, unless the Tribunal cletermines that due to special and unforeseen circumstances, such period should be extended. The award shall be notified to the parties by means of a communication signed by at least two members of the Tribunal.

Article 5 Costs

The fees of each arbitrator shall be paid by the party which appointed him and the fees of the referee shall be paid by both parties in equal proportion. Prior to the convening of the Tribunal, the parties shall agree on the remuneration of the other persons who by mutual agreement they deem should take part in the arbitration proceedings. If such agreement is not reached in a timely manner, the Tribunal itself shall determine the compensation which may be reasonable for such persons under the circumstances. Each party shall defray its own expenses in the arbitration proceedings, but the