Decreto do Governo n.º 15/84 — Aprova, para ratificação, a Convenção para a Resolução de Diferendos Relativos a Investimentos entre Estados e…

Article 56

1 - After a commission or a tribunal has been constituted and proceedings have begun, its composition shall remain unchanged; provided, however, that if a conciliator or an arbitrator should die, become incapacitated, or resign, the resulting vacancy shall be filled in accordance with the provisions of section 2 of chapter III or section 2 of chapter IV.

2 - A member of a commission or tribunal shall continue to serve in that capacity notwithstanding that he shall have ceased to be a member of the panel.

3 - If a conciliator or arbitrator appointed by a party shall have resigned without the consent of the commission or tribunal of which he was a member, the chairman shall appoint a person from the appropriate panel to fill the resulting vacancy.

Article 57

A party may propose to a commission or tribunal the disqualification of any of its members on account of any fact indicating a manifest lack of the qualities required by paragraph 1 of article 14. A party to arbitration proceedings may, in addition, propose the disqualification of an arbitrator on the ground that he was ineligible for appointment to the tribunal under section 2 of chapter IV.

Article 58

The decision on any proposal to disqualify a conciliator or arbitrator shall be taken by the other members of the commission or tribunal as the case may be, provided that where those members are equally divided, or in the case of a proposal to disqualify a sole conciliator or arbitrator, or a majority of the conciliators or arbitrators, the chairman shall take that decision. If it is decided that the proposal is well-founded the conciliator or arbitrator to whom the decision relates shall be replaced in accordance with the provisions of section 2 of chapter III or section 2 of chapter IV.

CHAPTER VI

Cost of proceedings

Article 59

The charges payable by the parties for the use of the facilities of the Centre shall be determined by the secretary-general in accordance with the regulations adopted by the administrative council.

Article 60

1 - Each commission and each tribunal shall determine the fees and expenses of its members within limits established from time to time by the administrative council and after consultation with the secretary-general.

2 - Nothing in paragraph 1 of this article shall preclude the parties from agreeing in advance with the commission or tribunal concerned upon the fees and expenses of its members.

Article 61

1 - In the case of conciliation proceedings the fees and expenses of members of the commission as well as the charges for the use of the facilities of the Centre shall be borne equally by the parties. Each party shall bear any other expenses it incurs in connection with the proceedings.

2 - In the case of arbitration proceedings the tribunal shall, except as the parties otherwise agree, assess the expenses incurred by the parties in connection with the proceedings, and shall decide how and by whom those expenses, the fees and expenses of the members of the tribunal and the charges for the use of the facilities of the Centre shall be paid. Such decision shall form part of the award.

CHAPTER VII

Place of proceedings

Article 62

Conciliation and arbitration proceedings shall be held at the seat of the Centre except as hereinafter provided.

Article 63

Conciliation and arbitration proceedings may be held if the parties so agree:

CHAPTER VIII

Disputes between Contracting States

Article 64

Any dispute arising between Contracting States concerning the interpretation or application of this Convention which is not settled by negotiation shall be referred to the International Court of Justice by the application of any party to such dispute, unless the States concerned agree to another method of settlement.

CHAPTER IX

Amendment

Article 65

Any Contracting State may propose amendment of this Convention. The text of a proposed amendment shall be communicated to the secretary-general not less than ninety days prior to the meeting of the administrative council at which such amendment is to be considered and shall forthwith be transmitted by him to all the members of the administrative council.

Article 66

1 - If the administrative council shall so decide by a majority of two-thirds of its members, the proposed amendment shall be circulated to all Contracting States for ratification, accpetance or approval. Each amendment shall enter into force thirty days after dispach by the depositary of this Convention of a notification to Contracting States that all Contracting Sates have ratified, accepted or approved the amendment.

2 - No amendment shall affect the rights and obligations under this Convention of any Contracting State or of any of its constituent subdivisions or agencies, or of any national of such State arising out of consent to the jurisdiction of the Centre given before the date of entry into force of the amendment.

CHAPTER X

Final provisions

Article 67

This Convention shall be open for signature on behalf of States members of the Bank. It shall also be open for signature on behalf of any other State which is a party to the Statute of the International Court of Justice and which the administrative council, by a vote of two-thirds of its members, shall have invited to sign the Convention.

Article 68

1 - This Convention shall be subject to ratification, acceptance or approval by the signatory States in accordance with their respective constitucional procedures.

2 - This Convention shall enter into force thirty days after the date of deposit of the twentieth instrument of ratification, acceptance or approval. It shall enter into force for each State which subsequently deposits its instrument of ratification, acceptance or approval thirty days after the date of such deposit.

Article 69

Each Contracting State shall take such legislative or other measures as may be necessary for making the provisions of this Convention effective in its territories.

Article 70

This Convention shall apply to all territories for whose international relations a Contracting State is responsible, except those which are excluded by such State by written notice to the depositary of this Convention either at the time of ratification, acceptance or approval or subsequently.

Article 71

Any Contracting State may denounce this Convention by written notice to the depositary of this Convention. The denunciation shall take effect six months after receipt of such notice.

Article 72

Notice by a Contracting State pursuant to articles 70 or 71 shall not affect the rights or obligations under this Convention of that State or of any of its constituent subdivisions or agencies or of any national of that State arising out of consent to the jurisdiction of the Centre given by one of them before such notice was received by the depositary.

Article 73

Instruments of ratification, acceptance or approval of this Convention and of amendments thereto shall be deposited with the Bank which sall act as the depositary of this Convention. The depositary shall transmit certified copies of this Convention to States members of the Bank and to any other State invited to sign the Convention.

Article 74

The depositary shall register this Convention with the Secretariat of the United Nations in accordance with article 102 of the charter of the United Nations and the Regulations thereunder adopted by the general assembly.

Article 75

The depositary shall notify all signatory States of the following:

Done at Washington, in the English, French and Spanish languages, all three texts being equally authentic, in a single copy which shall remain deposited in the archives of the International Bank for Reconstruction and Development, which has indicated by its signature below its agreement to fulfil the functions with which it is charged under this Convention.