1 DE AGOSTO DE 1997

1340-(229)

Article 38

Applicable law

In addition to the provisions of article 293, the Chamber shall apply:

a) The rules, regulations and procedures of the Authority adopted in accordance with this Convention; and

b) The terms of contracts concerning activities in the Area in matters relating to those contracts.

Article 39 Enforcement of decisions of the Chamber

The decisions of the Chamber shall be enforceable in the territories of the States Parties in the same manner as judgments or orders of the highest court of the State Party in whose territory the enforcement is sought.

Article 40

Applicability of other sections of this annex

1 — The other sections of this annex which are not incompatible with this section apply to the Chamber.

2 — In the exercise of its functions relating to advisory opinions, the Chamber shall be guided by the provisions of this annex relating to procedure before the Tribunal to the extent to which it recognizes them to be applicable.

SECTION 5 Amendments

Article 41 Amendments

1 — Amendment to this annex, other than amendments to section 4, may be adopted only in accordance with article 313 or by consensus at a conference convened in accordance with this Convention.

2 — Amendments to section 4 may be adopted only in accordance with article 314.

3 — The Tribunal may propose such amendments to this State as it may consider necessary, by written communications to the States Parties for their consideration in conformity with paragraphs 1 and 2.

annex vii Arbitration

Article 1 Institution of proceedings

Subject to the provisions of part xv, any party to a dispute may submit the dispute to the arbitral procedure provided for in this annex by written notification addressed to the other party or parties to the dispute. The notification shall be accompanied by a statement of the claim and the grounds on which it is based.

Article 2 List of arbitrators

1 — A list of arbitrators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four

arbitrators, each of whom shall be a person experienced in maritime affairs- and enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list.

2 — If at any time the arbitrators nominated by a State Party in the list so constituted shall be fewer than four, that State Party shall be entitled to make further nominations as necessary.

3 — The name of an arbitrator shall remain on the list until withdrawn by the State Party which made the nomination, provide that such arbitrator shall continue to serve on any arbitral tribunal to which that arbitrator has been appointed until the completion of the proceedings before that arbitral tribunal.

Article 3 Constitution of arbitral tribunal

For the purpose of proceedings under this annex, the arbitral tribunal shall, unless the parties otherwise agree, be constituted as follows:

a) Subject to subparagraph g), the arbitral tribunal shall consist of five members;

b) The party instituting the proceedings shall appoint one member to be chosen preferably from the list referred to in article 2 of this annex, who may be its national. The appointment shall be included in the notificaction referred to in article 1 of this annex;

c) The other party to the dispute shall, within 30 days of receipt of the notification referred to in article 1 of this annex, appoint one member to be chosen preferably from the list, who may be its national. If the appointment is not made within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointment be made in accordance with subparagraph e);

d) The other three members shall be appointed by agreement between the parties. They shall be chosen preferably from the list and shall be nationals of third States unless the parties otherwise agree. The parties to the dispute shall appoint the President of the arbitral tribunal from among those three members. If, within 60 days of receipt of the notification referred to in article 1 of this annex, the parties are unable to reach agreement on the appointment of one or more of the members of the tribunal to be appointed by agreement, or on the appointment of the President, the remaining appointment or appoitments. shall be made in accordance with subparagraph e), at the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 60-day period;

e) Unless the parties agree that any appointment under subparagraphs c) and d) be made by a person or a third State chosen by the parties, the President of the International Tribunal for the Law of the Sea shall make the necessary appointments. If the President is unable to act under this subparagraph or is a national of one of the parties to the dispute, the appointment shall be made by the next senior member of the International Tribunal for the Law of the Sea who is available and is not a national of one of the parties. The appointments referred