1772-(16)

II SÉRIE-A — NÚMERO 72

of the case arising from the dispute submitted to the tribunal, that member shall be replaced by his or her alternate. If the alternate is in the same situation, the State involved shall appoint a member to examine the dispute pursuant to the terms and conditions specified in paragraph 5. In the event of a question arising as to the capacity of a member or of his or her alternate to sit on the tribunal, the matter shall be decided by the Bureau.

5 — Any State, which is a party to a dispute submitted to an arbitral tribunal and which is not party to this Convention, may appoint a person of its choice to sit on the tribunal, either from the list of arbitrators established in accordance with article 4 or from among other persons who are nationals of a CSCE participating State. Any person thus appointed must meet the conditions specified in article 4, paragraph 2, and for the purpose of examining the dispute, shall have the same rights and obligations as the other members of the tribunal. The person shall perform his or her functions in full independence and shall make the declaration required by article 5 before sitting on the tribunal.

6 — The tribunal shall appoint its chairman from among the members appointed by the Bureau.

7 — In the event that one of the members of the tribunal appointed by the Bureau is unable to attend the proceedings, that member shall not be replaced unless the number of members appointed by the Bureau falls below the number of ex officio members, or members appointed by the parties to the dispute in accordance with paragraph 5. In this event, one or more new members shall be appointed by the Bureau pursuant to paragraphs 3 and 4 of this article. A new chairman will not be elected if one or more new members are appointed, unless the member unable to attend is the chairman of the tribunal.

Article 29

Arbitration procedure

1 — All the parties to the dispute shall have the right to be heard during the arbitration proceedings, which shall conform to the principles of a fair trial. The proceedings shall consist of a written part and an oral part.

2 — The arbitral tribunal shall have, in relation to the parties to the dispute, the necessary fact-finding and investigative powers to carry out its tasks.

3 — Any CSCE participating State which considers that it has a particular interest of a legal nature likely to be affected by the ruling of the tribunal may, within fifteen days of the transmission of the notification by the CSCE Secretariat as specified in article 15, address to the registrar a request to intervene. This request shall be immediately transmitted to the parties to the dispute and to the tribunal constituted for the dispute.

4 — If the intervening State establishes that it has such an interest, it shall be authorized to participate in the proceedings in so far as may be required for the protection of this interest. The relevant part of the ruling of the tribunal is binding upon the intervening State.

5 — The parties to the dispute have a period of thirty days in which to address their observations regarding the request for intervention to the tribunal. The tribunal shall render its decision on the admissibility of the request.

6 — The hearings in the tribunal shall be held in camera, unless the tribunal decides otherwise at the request of the parties to the dispute.

7 — In the event that one or more parties to the dispute fail to appear, the other party or parties thereto may request the tribunal to decide in favour of its or their claims. Before doing so, the tribunal must satisfy itself that it is competent and that the claims of the party or parties taking part in the proceedings are well-founded.

Article 30 Function of the arbitral tribunal

The function of the arbitral tribunal shall be to decide, in accordance with international law, such disputes as are submitted to it. This provision shall not prejudice the power of the tribunal to decide a case ex aequo et bono, if the parties to the dispute so agree.

Article 31 Arbitral award

1 — The award of the arbitral tribunal shall state the reasons on which it is based. If it does not represent in whole or in part the unanimous opinion of the members of the arbitral tribunal, any member shall be entitled to deliver a separate or dissenting opinion.

2 — Subject to article 29, paragraph 4, the award of the tribunal shall have binding force only between the parties to the dispute and in respect of the case to which it relates.

3 — The award shall be final and not subject to appeaV However, the parties to the dispute or one of them may request that the tribunal interpret its award as to the meaning or scope. Unless the parties to the dispute agree otherwise, such request shall be made at the latest within six months after the communication of the award. After receiving the observations of the parties to the dispute, the tribunal shall render its interpretation as soon as possible.

4 — An application for revision of the award may be made only when it is based upon the discovery of some fact which is of such a nature as to be a decisive factor and which, when the award was rendered, was unknown to the tribunal and to the party or parties to the dispute claiming revision. The application for revision must be made at the latest within six months oi the discovery of the new fact. No application for revision may be made after the lapse of ten years from the date of the award.

5 — As far as possible, the examination of a request for interpretation or an application for revision should be carried out by the tribunal which made the award in question. If the Bureau should find this to be impossible, another tribunal shall be constituted in accordance with the provisions of article 28.

Article 32 ' Publication of the arbitral award

The award shall be published by the registrar. A certified copy shall be communicated to the parties to trie dispute and to the CSCE Council through the Committee of Senior Officials.