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Article 23

Settlement of disputes

1 — Any dispute between the Parties concerning the interpretation or application/implementa-tion of this Agreement, with the exception of any dispute concerning tariffs, which cannot be settled by consultations or negotiations, or, where agreed, shall at the request of either Party be submitted to an arbitral tribunal.

2 — Within a period of thirty (30) days from the date of receipt by either Party from the other Party of a note through the diplomatic channel requesting arbitration of the disputes by a tribunal, each Party shall nominate an arbitrator. Within a period of thirty (30) days from the appointment of the arbitrator last appointed, the two arbitrators shall appoint a president who shall be a national of a third state. If within thirty (30) days after one of the Parties has nominated its arbitrators, the other Party has not nominated its own or, if within thirty (30) days following the nomination of the second arbitrator, both arbitrators have not agreed on the appointment of the president, either Party may request the Presi-dent of the Council of the International Civil Aviation Organization to appoint an arbitrator or arbitrators as the case requires. If the President of the Council is of the same nationality as one of the Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.

3 — Except as otherwise determined by the Parties or prescribed by the tribunal, each Party shall submit a memorandum within thirty (30) days after the tribunal is fully constituted. Replies shall be due within thirty (30) days. The tribunal shall hold a hearing at the request of either Party, or at its discretion, within thirty (30) days after replies are due.

4 — The tribunal shall attempt to give a written award within thirty (30) days after completion of the hearing, or, if no hearing is held, after the date both replies are submitted. The award shall be taken by a majority vote.

5 — The Parties may submit requests for clarification of the award within fifteen (15) days after it is received and such clarification shall be issued within fifteen (15) days of such request.

6 — The award of the arbitral tribunal shall be final and binding upon the Parties.7 — Each Party shall bear the costs of the arbitrator appointed by it. The other costs of the

tribunal under this Article shall be shared equally between the Parties.8 — If and for so long as either Party fails to comply with an award under paragraph 6 of this

Article, the other Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Party in default.

Article 24

Duration and Termination

1 — This Agreement shall remain in force for an undetermined period.2 — Each Party may, at any time, terminate this Agreement.3 — The termination must be notified to the other Party and, simultaneously, to the Interna-

tional Civil Aviation Organisation, producing its effects twelve (12) months after the receipt of the notification by the other Party.

4 — In case of failure of information to the other Party of the receipt of the notification, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.

Article 25

Registration with ICAO

This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.

II SÉRIE-A — NÚMERO 20______________________________________________________________________________________________________


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