Debates Parlamentares - Diário 083S1, p. 20 (2009-03-14)

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20 | II Série A - Número: 083S1 | 14 de Março de 2009

(a) disputes arising out of contracts and other disputes of a private law character to which the Tribunal is a party; (b) disputes involving any person referred to in this Agreement who by reason of his official position enjoys immunity, if such immunity has not been waived. 2. All disputes arising out of the interpretation or application of this Agreement shall be referred to an arbitral tribunal unless the parties have agreed to another mode of settlement. If a dispute arises between the Tribunal and a State Party which is not settled by consultation, negotiation or other agreed mode of settlement within three months following a request by one of the parties to the dispute, it shall at the request of either party be referred for final decision to a panel of three arbitrators: one to be chosen by the Tribunal, one to be chosen by the State Party and the third, who shall be Chairman of the panel, to be chosen by the first two arbitrators. If either party has failed to make its appointment of an arbitrator within two months of the appointment of an arbitrator by the other party, the Secretary-General of the United Nations shall make such appointment. Should the first two arbitrators fail to agree upon the appointment of the third arbitrator within three months following the appointment of the first two arbitrators the third arbitrator shall be chosen by the Secretary-General of the United Nations upon the request of the Tribunal or the State Party.

Article 27 Signature
This Agreement shall be open for signature by all States and shall remain open for signature at United Nations Headquarters for twenty-four months from 1 July 1997.

Article 28 Ratification
This Agreement is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

Article 29 Accession
This Agreement shall remain open for accession by all States. The instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 30 Entry into force
1. This Agreement shall enter into force 30 days after the date of deposit of the tenth instrument of ratification or accession. 2. For each State which ratifies this Agreement or accedes thereto after the deposit of the tenth instrument of ratification or accession, this Agreement shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession.

Article 31 Provisional application
A State which intends to ratify or accede to this Agreement may at any time notify the depositary that it will apply this Agreement provisionally for a period not exceeding two years.

20 | II Série A - Número: 083S1 | 14 de Março de 2009(a) disputes arising out of contracts and other disputes of a private law character to which the Tribunal is a party; (b) disputes involving any person referred to in this Agreement who by reason of his official position enjoys immunity, if such immunity has not been waived. 2. All disputes arising out of the interpretation or application of this Agreement shall be referred to an arbitral tribunal unless the parties have agreed to another mode of settlement. If a dispute arises between the Tribunal and a State Party which is not settled by consultation, negotiation or other agreed mode of settlement within three months following a request by one of the parties to the dispute, it shall at the request of either party be referred for final decision to a panel of three arbitrators: one to be chosen by the Tribunal, one to be chosen by the State Party and the third, who shall be Chairman of the panel, to be chosen by the first two arbitrators. If either party has failed to make its appointment of an arbitrator within two months of the appointment of an arbitrator by the other party, the Secretary-General of the United Nations shall make such appointment. Should the first two arbitrators fail to agree upon the appointment of the third arbitrator within three months following the appointment of the first two arbitrators the third arbitrator shall be chosen by the Secretary-General of the United Nations upon the request of the Tribunal or the State Party.Article 27 Signature
This Agreement shall be open for signature by all States and shall remain open for signature at United Nations Headquarters for twenty-four months from 1 July 1997.Article 28 Ratification
This Agreement is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.Article 29 Accession
This Agreement shall remain open for accession by all States. The instruments of accession shall be deposited with the Secretary-General of the United Nations.Article 30 Entry into force
1. This Agreement shall enter into force 30 days after the date of deposit of the tenth instrument of ratification or accession. 2. For each State which ratifies this Agreement or accedes thereto after the deposit of the tenth instrument of ratification or accession, this Agreement shall enter into force on the thirtieth day following the deposit of its instrument of ratification or accession.Article 31 Provisional application
A State which intends to ratify or accede to this Agreement may at any time notify the depositary that it will apply this Agreement provisionally for a period not exceeding two years.

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