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ANNEX

ARBITRATION AND CONCILIATION PROCEDURES ESTABLISHEDIN

APPLICATION OF ARTICLE 66

I. ESTABLISHMENT OF THE ARBITRAL TRIBUNAL OR

CONCILIATION COMMISSION

1. A list consisting of qualified jurists, from which the parties to a dispute may choose

the persons who are to constitute an arbitral tribunal or, as the case may be, a

conciliation commission, shall be drawn up and maintained by the Secretary­

General ofthe United Nations. To this end, every State which is a Member of the

United Nations and every Party to the present Convention shall be invited to

nominate two persons, and the names of the persons so nominated shall constitute

the list, a copy of which shall be transmitted to the President of the Intemational

Court of Justice. The term of office of a person on the list, including that of any

person nominated to fill a casual vacancy, shall be five years and may be renewed.

A person whose term expires shall continue to fulfil any function for which he shall

have been chosen under the following paragraphs.

2. When notification has been made under article 66, paragraph 2, subparagraph (f),

or agreement on the procedure in the present Annex has been reached under

paragraph 3, the dispute shall be brought before an arbitral tribunal. When a request

has been made to the Secretary-General under article 66, paragraph 4, the Secretary­

General shall bring the dispute before a conciliation commission. Both the arbitral

tribunal and the conciliation commission shall be constituted as follows:

The States, intemational organizations or, as the case may be, the States and

organizations which constitute one of the parties to the dispute shall appoint by

common consent:

a) one arbitrator or, as the case may be, one conciliator, who may or may not

be chosen from the list referred to in paragraph 1; and

b) one arbitrator or, as the case may be, one conciliator, who shall be chosen

from among those included in the list and shall not be of the nationality of

any of the States or nominated by any of the organizations which constitute

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