1772-(12)

II SÉRIE-A — NÚMERO 72

appropriate, arbitration, disputes which are submitted to it in accordance with the provisions of this Convention.

Article 2

Conciliation commissions and arbitral tribunals

1 — Conciliation shall be undertaken by a conciliation commission constituted for each dispute. The commission shall be made up of conciliators drawn from a list

established in accordance with the provisions of article 3.

2 — Arbitration shall be undertaken by an arbitral tribunal constituted for each dispute. The tribunal shall be made up of arbitrators drawn from a list established in accordance with the provisions of article 4.

3 — Together, the conciliators and arbitrators shall constitute the Court of Conciliation and Arbitration within the CSCE, hereinafter referred to as «the Court».

Article 3 Appointment of conciliators

1 — Each State party to this Convention shall appoint, within two months following its entry into force, two conciliators of whom at least one is a national of that State. The other may be a national of another CSCE participating State. A State which becomes party to this Convention after its entry into force shall appoint its conciliators within two months following the entry into force of this Convention for the State concerned.

2 — The conciliators must be persons holding or having held senior national or international positions and possessing recognized qualifications in international law, international relations, or the settlement of disputes.

3 — Conciliators shall be appointed for a renewable period of six years. Their functions may not be terminated by the appointing State during their term of office. In the event of death, resignation or inability to attend, recognized by the Bureau, the State concerned shall appoint a new conciliator; the term of office of the new conciliator shall be the remainder of the term of office of the predecessor.

4 — Upon termination of their period of office, conciliators shall continue to hear any cases that they are already dealing with.

5 — The names of the conciliators shall be notified to the registrar, who shall enter them into a list, which shall be communicated to the CSCE Secretariat for transmission to the CSCE participating States.

Article 4 Appointment of arbitrators

1 — Each State party to this Convention shall appoint, within two months following its entry into force, one arbitrator and one alternate, who may be its nationals or nationals of any other CSCE participating State. A State which becomes party to this Convention after its entry into force shall appoint its arbitrator and the alternate within two months of the entry into force of this Convention for that State.

2 — Arbitrat®rs and their alternates must possess the qualifications required in their respective countries for appointment to the highest judicial offices or must be jurisconsults of recognized competence in international law.

3 — Arbitrators and their alternates ife appointed for a period of six years, which may be renewed once.

Their functions may not be terminated by the appointing State party during their term of office. In the event

of death, resignation or inability to attend, recognized by the Bureau, the arbitrator shall be replaced by his or her alternate.

4 — If an arbitrator and his or her alternate die, resign or are both unable to attend, the fact being recognized by the Bureau, new appointments will be made in accordance with paragraph 1. The new arbitrator and his or her alternate shall complete the term of office of their predecessors.

5 — The rules of the Court may provide for a partial renewal of the arbitrators and their alternates.

6 — Upon expiry of their term of office, arbitrators shall continue to hear any cases that they are already dealing with.

7 — The names of the arbitrators shall be notified to the registrar, who shall enter them into a list, which shall be communicated to the CSCE Secretariat for transmission to the CSCE participating States.

Article 5

Independence of the members of the Court and of the registrar

The conciliators, the arbitrators and the registrar shall perform their functions in full independence. Before taking up their duties, they shall make a declaration that they will exercise their powers impartially and conscientiously.

Article 6

Privileges and immunities

The conciliators, the arbitrators, the registrar and the agents and counsel of the parties to a dispute shall enjoy, while performing their functions in the territory of the States parties to this Convention, the privileges and immunities accorded to persons connected with the International Court of Justice.

Article 7 Bureau of the Court

1 — The Bureau fo the Court shall consist of a president, a vice-president and three other members.

2 — The president of the Court shall be elected by the members of the Court from among their number. The president presides over the Bureau.

3 — The conciliators and the arbitrators shall each elect from among their number two numbers of the Bureau and their alternates.

4 — The Bureau shall elect its vice-president from among its members. The vice-president shall be a conciliator if the president is an arbitrator, and an arbitrator if the president is a conciliator.

5 — The rules of the Court shall establish the procedures for the election of the president as well as of the other members of the Bureau and their alternates.

Article 8

Decision-making procedure

1 — The decisions of the Court shall be taken by a majority of the members participating in the vote. Those abstaining shall not be considered participating in the vote.