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Artikel 22

Settlement of Disputes

Onderdeel van Luchtvaartverdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Curaçao, en de Tsjechische Republiek· Arbitrage

Deze tekst geldt sinds 1 april 2022

1. In case of a dispute arising from the interpretation or application of this Agreement, the aeronautical authorities of the Contracting Parties shall in the first place endeavour to settle their dispute by negotiation. 2. If the aeronautical authorities fail to reach an agreement, the dispute shall be settled by negotiations between the Contracting Parties. 3. If the Contracting Parties fail to reach a settlement of the dispute by negotiations, the dispute may be referred by them to such person or body as they may agree on, for an advisory opinion or a binding decision as the Contracting Parties may agree, or, at the request of either Contracting Party, shall be submitted for decision to a tribunal of three arbitrators. 4. Such arbitral tribunal shall be constituted as follows: each Contracting Party shall appoint one member, and these two members shall agree upon and appoint a national of a third State as their chairman. Such members shall be appointed within sixty (60) days, and such chairman within ninety (90) days from the date of receipt of a diplomatic note by which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. 5. If the periods specified in paragraph 4 of this Article have not been observed, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the Council of the International Civil Aviation Organization to make the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging this function, the Vice-president deputizing for him should make the necessary appointments. 6. The arbitral tribunal shall reach its decisions by a majority of votes. Such decisions shall be binding upon the Contracting Parties. Each Contracting Party shall bear the cost of its own member as well as of its representation in the arbitral proceedings; the cost of the chairman and any other costs shall be borne in equal parts by the Contracting Parties. In all other respects the arbitral tribunal shall determine its own procedure.

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