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II. FUNCTIONING OF THE ARBITRAL TRIBUNAL

3. Unless the parties to the dispute otherwise agree, the Arbitral Tribunal shall decide

its own procedure, assuring to each party to the dispute a full opportunity to be

heard and to present its case.

4. The Arbitral Tribunal, with the consent of the parties to the dispute, may invite any

interested State or intemational organization to submit to it its views orally or in

writing.

5. Decisions of the Arbitral Tribunal shall be adopted by a majority vote of the

members. ln the event of an equality of votes, the vote of the Chairman shall be

decisive.

6. When one of the parties to the dispute does not appear before the Tribunal or fails

to defend its case, the other party may request the Tribunal to continue the

proceedings and to make its award. Before making its award, the Tribunal must

satisfy itself not only that it has jurisdiction over the dispute but also that the claim

is well founded in fact and law.

7. The award of the Arbitral Tribunal shall be confined to the subject matter of the

dispute and state the reasons on which it is based. Any member of the Tribunal may

attach a separate or dissenting opinion to the award.

8. The award shall be final and without appeal. lt shall be complied with by all parties

to the dispute.

9. The Secretary-General shall provide the Tribunal with such assistance and facilities

as it may require. The expenses of the Tribunal shall be bome by the United

Nations.

III. FUNCTIONING OF THE CONCILIATION COMMISSION

1 O. The Conciliation Commission shall decide its own procedure. The Commission,

with the consent of the parties to the dispute, may invite any party to the treaty to

submit to it its views orally or in writing. Decisions and recommendations of the

Commission shall be made by a majority vote ofthe five members.

11. The Commission may draw the attention of the parties to the dispute to any

measures which might facilitate an amicable settlement.

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