0015 | II Série A - Número 080S2 | 26 de Janeiro de 2006

Article 23
Settlement of disputes between any Group and the Government

1 - All disputes between any Group and the Portuguese Republic arising out of the interpretation or application of the present Agreement or any other matter that affects relations between any Group and the Portuguese Republic, shall be settled by consultation, negotiation or other agreed mode of settlement.
2 - If the dispute is not settled in accordance with paragraph 1 of this Article within three months following a written request by one of the parties to the dispute, the dispute shall, at the request of either party to the dispute, be referred to an international arbitral tribunal according to the procedure set forth in paragraphs 3 to 7 of this Article.
3 - The arbitral tribunal shall be composed of three arbitrators: one to be chosen by the Government, another by the Secretary-General after having previously consulted with the Group or Groups involved in the dispute, and the third, who shall be the chairman of the tribunal, to be chosen by the other two arbitrators.
4 - If either party to the dispute has failed to make its appointment of an arbitrator of the tribunal within three months of the appointment of the arbitrator by the other party, that other party may invite the President of the International Court of Justice to make such appointment.
5 - Should the first two arbitrators fail to agree upon the appointment of the chairman of the tribunal within two months following their appointment, either party may invite the President of the International Court of Justice to choose the chairman.
6 - Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own procedure and the expenses shall be borne by the parties to the dispute as assessed by the tribunal.
7 - The arbitral tribunal, which shall decide by a majority of votes, shall reach a decision on the dispute on the basis of the provisions of the present Agreement and the applicable rules of international law. The decision of the arbitral tribunal shall be final and binding on the parties.

PART VI
Final provisions

Article 24
Entry into force

1 - The present Agreement shall enter into force on the date of receipt of the last notification by the Parties that the formalities required by the Terms of Reference of each Group and the necessary requirements of Portuguese law for that purpose have been fulfilled, and shall produce its effects from the 1st of January 2006.
2 - Upon entry into force of the present Agreement, the Agreement on Privileges and Immunities concluded between the International Copper Study Group and the Portuguese Republic, signed in Lisbon, on the 9th of November of 1993, shall cease to be in force.

Article 25
Amendment

1 - The present agreement may be amended by agreement of the Parties.
2 - The amendments shall enter into force according to the procedure established in paragraph 1 of Article 24.

Article 26
Termination and withdrawal

1 - The present Agreement can be terminated by agreement between the Parties. The Parties shall agree upon the date from which the provisions of the Agreement will cease to be in force.
2 - Any Party may withdraw from this Agreement, provided the intention to withdraw is notified in writing to the other Parties with at least twelve months notice.

IN WITNESS THEREOF, the undersigned, being duly authorised thereto, have signed the present Agreement.
Done in Lisbon, on the 17th of November of 2005, in Portuguese and English, both texts being equally authentic.