1340-(230)

II SERIE-A — NUMERO 69

to in this subparagraph shall be made from the list referred to in article 2 of this annex within a period of 30 days of the receipt of the request and in consultation with the parties. The members so appointed shall be of different nationalities and may not be in the service of, ordinarily resident in the territory of, or nationals of, any of the parties to the dispute;

f) Any vacancy shall be filled in the manner prescribed for the initial appointment;

g) Parties in the same interest shall appoint one member of the tribunal jointly by agreement. Where there are several parties having separate interests or where there is disagreement as to whether they are of the same interest, each of them shall appoint one member of the tribunal. The number of members of the tribunal appointed separately by the parties shall always be smaller by one than the number of members of the tribunal to be appointed jointly by the parties;

h) In disputes involving more than two parties, the provisions of subparagraphs a) to f) shall apply to the maximum extent possible.

Article 4 Functions of arbitral tribunal

An arbitral tribunal constituted under article 3 of this annex shall function in accordance with this annex and the other provisions of this Convention.

Article 5 Procedure

Unless the parties to the dispute otherwise agree the arbitral tribunal shall determine its own procedure, assuring to each party a full opportunity to be heard and to present its case.

Article 6

Duties of parties to a dispute

The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, in accordance with their law and using all means at their disposal, shall:

a) Provide it with all relevant documents, facilities and information; and

b) Enable it when necessary to call witnesses or experts and receive their evidence and to visit the localities to which the case relates.

Article 7 Expenses

Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares.

Article 8

Required majority for decisions

Decisions of the arbitral tribunal shall be taken by a majority vote of its members. The absence or absten-

tion of less than half of the members shall not constitute a bar to the tribunal reaching a decision. In the event of an equality of votes, the President shall have a casting vote.

Article 9 Default of appearance

If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the tribunal do continue the proceedings and to make its award. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before making its award, the arbitral tribunal must satisfy itself not only that it has jurisdiction over the dispute but also that the claim is well founded in fact and law.

Article 10

Award

The award of the arbitral tribunal shall be confined to the subject-matter of the dispute and state the reasons on which it is based. It shall contain the names of the members who have participated and the date of the award. Any member of the tribunal may attach a separate or dissenting opinion to the award.

Article 11 Finality of award

The award shall be final and without appeal, unless the parties to the dispute have agreed in advance to an appellate procedure. It shall be complied with by the parties to the dispute.

Article 12 Interpretation or implementation of award

1 — Any controversy which may arise between the parties to the dispute as regards the interpretation or manner of implementation of the award may be submitted by either party for decision to the arbitral tribunal which made the award. For this purpose, any vacancy in the tribunal shall be filled in the manner provided for in the original appointments of the members of the tribunal.

2 — Any such controversy may be submitted to another court or tribunal under article 287 by agreement of all the parties to the dispute.

Article 13

Application to entities other than States Parties

The provisions of this annex shall apply mutatis mutandis to any dispute involving entities other than States Parties.

ANNEX VIII Special arbitration

Article 1 Institution of proceedings

Subject to part xv, any party to a dispute concerning the interpretation or application of the articles of this