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II SÉRIE-A — NÚMERO 30

86

Article 18

Consultations

1. In the spirit of close cooperation, the aeronautical authorities of the Parties shall consult with each other

from time to time with a view to ensuring the implementation of and satisfactory compliance with the provisions

of this Agreement.

2. Such consultations shall begin within a period of forty five (45) days from the date the other Party has

received the written request.

Article 19

Settlement of disputes

1. If any dispute arises between the Parties relating to the interpretation or application of this Agreement,

the Parties shall in the first place endeavor to settle it by negotiation.

2. If the Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to

some person or body; if they do not so agree, the dispute shall, at the request of either Party, be submitted for

decision to a tribunal of three arbitrators one to be nominated by each Party and the third to be appointed by

the two so nominated.

Each of the Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by

either Party from the other of a notice through diplomatic channels requesting arbitration of the dispute by such

a tribunal and the third arbitrator shall be appointed within a further period of sixty (60) days.

If either of the Parties fails to nominate an arbitrator within the period specified or if the third arbitrator is not

appointed within the period specified, the International Civil Aviation Organization may be requested by either

Party to appoint an arbitrator or arbitrators as the case may be within a period of thirty (30) days. In each case,

the third arbitrator shall be a national of a third State and shall act as President of the arbitral tribunal.

3. Except as otherwise agreed, the arbitral tribunal shall determine the limits of its jurisdiction in accordance

with this Agreement and shall establish its own procedural rules and shall determine the place of arbitration

having regard to the circumstances of the case. The tribunal, once formed, may recommend interim relief

measure pending its final determination. At the direction of the tribunal or at the request of either of the Parties,

a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall

be held not later than 15 days after the tribunal is fully constituted.

4. The Parties shall comply with any decision given under paragraph 2 of this Article.

5. Each Party shall be responsible for the cost of its designated arbitrator and subsidiary staff provided and

both Parties shall share equally all such further expenses involved in the activities of the tribunal, including

those of the President.

6. If and so long as either Party fails to comply with any decision given under paragraph 3, the other Party

may limit, withhold or revoke any rights or privileges which it has granted by virtue of this agreement to the

Party in default or to the designated airline or airlines in default.

Article 20

Amendment

1. If either Party considers it desirable to amend any provision of this Agreement, it may at any time request

negotiations to the other Party. Such negotiations shall begin within a period of sixty (60) days from the date the

other Party has received the written request.

2. This Agreement shall be amended through an exchange of diplomatic notes and the amendments shall

enter into force according to what is established in Article 24.

3. Notwithstanding the provisions of paragraph 2 of this Article any amendment of the Annex shall be

agreed upon by the aeronautical authorities of the Parties, through an exchange of diplomatic notes and shall

come into force on a date to be determined in the notes.