Upreti, Trilochan, International Watercourses Law and Its Application ...

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340 / International Watercourses Law and Its Application in South Asia Appendix / 341ANNEXARBITRATIONArticle 1Unless the parties to the dispute otherwise agree, the arbitrationpursuant to article 33 of the Convention shall take place inaccordance with articles 2 to 14 of the present annex.Article 2The claimant party shall notify the respondent party that it isreferring a dispute to arbitration pursuant to article 33 of theConvention. The notification shall state the subject matter ofarbitration and include, in particular, the articles of theConvention, the interpretation or application of which are atissue. If the parties do not agree on the subject matter of thedispute, the arbitral tribunal shall determine the subject matter.Article 31. In disputes between two parties, the arbitral tribunal shallconsist of three members. Each of the parties to the disputeshall appoint an arbitrator and the two arbitrators soappointed shall designate by common agreement the thirdarbitrator, who shall be the Chairman of the tribunal. Thelatter shall not' be a national of one of the parties to thedispute or of any riparian State of the watercourseconcerned, nor have his or her usual place of residence inthe territory of one of these parties or such riparian State,nor have dealt with the case in any other capacity.2. In disputes between more than two parties, parties in thesame interest shall appoint one arbitrator jointly byagreement.3. Any vacancy shall be filled in the manner prescribed forthe initial appointment.Article 41. If the Chairman of the arbitral tribunal has not beendesignated within two months of the appointment of thesecond arbitrator, the President of the International Courtof Justice shall, at the request of a party, designate theChairman within a further two-month period.2. If one of the parties to the dispute does not appoint anarbitrator within two months of receipt of the request, theother party may inform the President of the InternationalCourt of Justice, who shall make the designation within afurther two-month period.Article 5The arbitral tribunal shall render its decisions in accordancewith the provisions of this Convention and international law.Article 6Unless the parties to the dispute otherwise agree, the arbitraltribunal shall determine its own rules of procedure.Article 7The arbitral tribunal may, at the request of one of the Parties,recommend essential interim measures of protection.Article 81. The parties to the dispute shall facilitate the work of thearbitral tribunal and, in particular, using all means at theirdisposal, shall:(a) Provide it with all relevant documents, informationand facilities; and(b) Enable it', when necessary, to call witnesses or expertsand receive their evidence.2. The parties and the arbitrators are under an obligation toprotect the confidentiality of any information they receivein confidence during the proceedings of the arbitraltribunal.Article 9Unless the arbitral tribunal determines otherwise because of theparticular circumstances of the case, the costs of the tribunal
342 / International Watercourses Law and Its Application in South Asia Appendix / 343shall be borne by the parties to the dispute in equal shares. Thetribunal shall keep a record of all its costs, and shall furnish afinal statement thereof to the parties.Article 10Any Party that has an interest of a legal nature in the subjectmatter of the dispute which may be affected by the decision inthe case, may intervene in the proceedings with the consent ofthe tribunal.Article 11The tribunal may hear and determine counterclaims arisingdirectly out of the subject matter of the dispute.the members who have participated and the date of thefinal decision. Any member of the tribunal may attach aseparate or dissenting opinion to the final decision.3. The award shall be binding on the parties to the dispute. Itshall be without appeal unless the parties to the disputehave agreed in advance to an appellate procedure.4. Any controversy which may arise between the parties tothe dispute as regards the interpretation or manner ofimplementation of the final decision may be submitted byeither party for decision to the arbitral tribunal whichrendered it.•Article 12Decisions both on procedure and substance of the arbitraltribunal shall be taken by a majority vote of its members.Article 13If one of the parties to the dispute does not appear before thearbitral tribunal or fails to defend its case, the other party mayrequest the tribunal to continue the proceedings and to make itsaward. Absence of a party or a failure of a party to defend itscase shall not constitute a bar to the proceedings. Beforerendering its final decision, the arbitral tribunal must satisfyitself that the claim is well founded in fact and law.Article 141. The tribunal shall render its final decision within fivemonths of the date on which it is fully constituted unless itfinds it necessary to extend the time limit for a periodwhich should not exceed five more months.2. The final decision of the arbitral tribunal shall be confinedto the subject matter of the dispute and shall state thereasons on which it is based'. It shall contain the names of
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International WatercoursesLaw and I
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PrefaceIn this book, the author has
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International Treaties and other Do
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ADBAJILAus.JILAYBLADPILALCCASEANAGO
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GlossaryMap of the Ganges BasinThe
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Chapter- ThreeEquitable Utilisation
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Introduction / 1 2 / International
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