Selected Decisions and Documents - International Seabed Authority

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2. Notwithstanding paragraph 1, if, within 60 days of the date upon which an application for a plan of work for exploration for polymetallic sulphides is received by the Secretary‐General, one or more other applications for a plan of work for exploration for polymetallic sulphides are submitted that overlap with the same area or areas, the Secretary‐General shall notify all applicants concerned, including the original applicant. Neither the Legal and Technical Commission nor the Council will take any further action with respect to the applications concerned until any conflicts between applicants have been resolved in accordance with the procedures set out in this regulation. 3. The applicants concerned and their sponsoring States shall resolve any conflicts with respect to overlapping claims as soon as possible by negotiations. Any such applicants may, within 60 days of the notification by the Secretary‐General, amend their applications so as to resolve conflicts with respect to such applications. 4. If any such conflict has not been resolved within 60 days of the notification by the Secretary‐General, the applicants concerned shall arrange for the submission of all such claims to binding arbitration in accordance with the UNCITRAL Arbitration Rules, unless the parties to the dispute otherwise agree. 5. In determining the issue as to which applicant involved in a conflict shall be awarded all or part of each area in conflict, the arbitral tribunal shall find a solution which is fair and equitable, having regard, with respect to each applicant involved in the conflict, to the following factors: (a) (b) (c) (d) the continuity and extent of past activities, including prospecting, relevant to each area in conflict and the application area of which it is a part; the date on which each applicant concerned or component organization thereof commenced activity at sea in the application area; the financial cost of activities measured in constant United States dollars relevant to each area in conflict and to the application area of which it is a part; and the time when those activities were carried out and the quality of those activities. 6. An arbitral tribunal to which a dispute is submitted under this regulation shall have no jurisdiction to decide any question of interpretation of the Convention and the Agreement. When the dispute also involves any question of the interpretation of Part XI and the annexes relating thereto, with respect to activities in the Area, that question shall be referred to the Seabed Disputes Chamber for a ruling. The arbitral tribunal shall then proceed to render its award in conformity with the ruling of the Seabed Disputes Chamber. 7. The parties to any dispute concerning an overlapping claim shall keep the Secretary‐General and the Council currently and fully informed of any efforts to resolve conflicts with respect to overlapping claims and of the results thereof. Annex 4 Standard clauses for operation contracts Section 21 Suspension and termination of contract and penalties 21.1 The Council may suspend or terminate this contract, without prejudice to any other rights that the Authority may have, if any of the following events should occur: … (d) if the contractor is prevented from performing its obligations under this contract by reason of an event of force majeure, as described in section 17.1, which has persisted for a continuous period 45
exceeding two years, despite the contractor having taken all reasonable measures to remove its inability to perform and comply with the terms and conditions of this contract with a minimum of delay. Section 25 Disputes 25.2 In accordance with article 21, paragraph 2, of annex III to the Convention, any final decision rendered by a court or tribunal having jurisdiction under the Convention relating to the rights and obligations of the Authority and of the contractor shall be complied with by the parties concerned and shall be enforceable in the territory of any State party to the Convention affected thereby. 46
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Selected Decisions and Documents - International Seabed Authority

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