O texto apresentado é obtido de forma automática, não levando em conta elementos gráficos e podendo conter erros. Se encontrar algum erro, por favor informe os serviços através da página de contactos.
Não foi possivel carregar a página pretendida. Reportar Erro

11 DE SETEMBRO DE 1998

1772-(13)

2 — The decisions of the Bureau shall be taken by a majority of its members.

3 — The decisions of the conciliation commissions and the arbitral tribunals shall be taken by a majority of their members, who may not abstain from voting.

4 — In the event of a tied vote, the vote of the presiding officer shall prevail.

Article 9

Registrar

The Court shall appoint its registrar and may provide for the appointment of such other officers as may be necessary. The staff regulations of the Registry shall be drawn up by the Bureau and adopted by the States parties to this Convention.

Article 10

Seat

1—The seat of the Court shall be established at Geneva.

2 — At the request of the parties to the dispute and in agreement with the Bureau, a conciliation commission or an arbitral tribunal may meet at another location.

Article 11

Rules of the Court

1 — The Court shall adopt its own rules, which shall be subject to approval by States parties to this Convention.

2 — The rules of the Court shall establish, in particular, the rules of procedure to be followed by the conciliation commissions and arbitral tribunals constituted pursuant to this Convention. They shall state which of these rules may not be waived by agreement between the parties to the dispute.

Article 12

Working languages

The rules of the Court shall establish rules on the use of languages.

Article 13 Financial protocol

Subject to the provisions of article 17, all the costs of the Court shall be met by the States parties to this Convention. The provisions for the calculation of the cost; for the drawing up and approval of the annual budget of the Court; for the distribution of the costs among the States parties to this Convention; for the audit of the accounts of the Court; and for related matters, shall be contained in a financial protocol to be adopted by the Committee of Senior Officials. A State becomes bound by the Protocol on becoming a parry to this Convention.

Article 14 Periodic report

The Bureau shall annually present to the CSCE Council through the Committee of Senior Officials a report on the activities under this Convention.

Article 15 Notice of requests for conciliation or arbitration

The registrar of the Court shall give notice to the CSCE Secretariat of all requests for conciliation or arbitration, for immediate transmission to the CSCE participating States.

Article 16

Conduct of parties — Interim measures

1 — During the proceedings, the parties to the dispute shall refrain from any action which may aggravate the situation or further impede or prevent the settlement of the dispute.

2 — The conciliation commission may draw the attention of the parties to the dispute submitted to it to the measures the parties could take in order to prevent the dispute from being aggravated or its settlement made more difficult.

3 — The arbitral tribunal constituted for a dispute may indicate the interim measures that ought to be taken by the parties to the dispute in accordance with the provisions of article 26, paragraph 4.

Article 17 Procedural costs

The parties to a dispute and any intervening party shall each bear their own costs.

CHAPTER II Competence

Article 18

Competence of the commission and of the tribunal

1 — Any State party to this Convention may submit to a conciliation commission any dispute with another State party which has not been settled within a reasonable period of time through negotiation.

2 — Disputes may be submitted to an arbitral tribunal under the conditions stipulated in article 26.

Article 19 Safeguarding the existing means of settlement

1 — A conciliation commission or an arbitral tribunal constituted for a dispute shall take no further action in the case:

a) If, prior to being submitted to the commission or the tribunal, the dispute has been submitted to a court or tribunal whose jurisdiction in respect of the dispute the parties thereto are under a legal obligation to accept, or if such a body has already given a decision on the merits of the dispute;

b) If the parties to the dispute have accepted in advance the exclusive jurisdiction of a jurisdictional body other than a tribunal in accordance with this Convention which has jurisdiction to decide, with binding force, on the dispute submitted to it, or if the parties thereto have agreed to seek to settle the dispute exclusively by other means.