Displaying 1 - 14 of 14

Paragraphs in "Tripartite Interim Agreement Between The Republic Of Mozambique And The Republic Of South Africa And The Kingdom Of Swaziland For Cooperation On The Protection And Sustainable Utilization Of The Water Resources Of The Incomati And Maputo Watercourses" coded as DISP

Label Provision
Art.15 Article 15
Art.15.1 (1) Any dispute between the Parties concerning the interpretation or implementation of this Agreement shall be settled amicably through consultation and negotiations between the Parties.
Art.15.2 (2) Where the dispute has not been settled within one year, from the date upon which such negotiations were requested, it may be submitted to arbitration by either Party. If the disputing parties do not agree on the subject matter of the dispute, the arbitral tribunal shall determine the subject matter.
Art.15.3 (3) The arbitration shall operate according to the following rules:
Art.15.3.a (a) The number of arbitrators shall amount to a total of three.
Art.15.3.b (b) The Parties initiating the arbitration shall appoint one arbitrator and the other Party or Parties shall appoint one other arbitrator. The aforesaid two arbitrators shall jointly designate a third arbitrator who shall chair the arbitral tribunal.
Art.15.3.c (c) The arbitrators shall be appointed within a threemonth period. Should the time limit elapse and any one of the disputing parties have not appointed any arbitrator, the arbitrator shall be appointed by the President of the SADC Tribunal at the request of a Party. Pending the establishment and entering into operation of the SADC Tribunal the aforementioned appointment shall be made by the President of the International Court of Justice.
Art.15.3.d (d) In case of a dispute between the arbitrators designated by the disputing parties as to the designation, within two months, of the final arbitrator, the latter shall be designated by the President of the SADC Tribunal at the request of a Party. Pending the establishment and entering into operation of the SADC Tribunal the aforementioned designation shall be made by the President of the International Court of Justice.
Art.15.3.e (e) Based on International Law and in particular on the basis of this Agreement, the rules of procedure to be followed by the arbitral tribunal shall be decided by the tribunal, who shall also determine the distribution between the disputing parties of the costs of the arbitration.
Art.15.3.f (f) The arbitral tribunal shall render its decisions in accordance with the provisions of this Agreement and International Law.
Art.15.3.g (g) The arbitral tribunal may, at the request of one of the disputing parties, recommend interim measures of protection.
Art.15.3.h (h) Decisions of the arbitral tribunal, both on procedure and substance, shall be taken by a majority vote of its members.
Art.15.3.i (i) The arbitral award shall be submitted in writing and shall be signed by all arbitrators.
Art.15.3.j (j) The arbitral award shall be final and binding.