紛争の解決(第16条)
令和7年7月18日|p.19
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ARTICLE 16
Settlement of disputes
1. If any dispute arises between the Contracting Parties relating to the interpretation
or application of this Agreement, the Contracting Parties shall in the first place endeavour
to settle it by negotiation between themselves.
2. If the Contracting Parties fail to reach a settlement by negotiation, the dispute may.
at the request of either Contracting Party, be submitted for decision to a tribunal of three
arbitrators, one to be named by each Contracting Party and the third to be agreed upon by
the two arbitrators so chosen, provided that such third arbitrator shall not be a national of
either Contracting Party. Such third arbitrator shall act as the President of the tribunal.
Each of the Contracting Parties shall designate an arbitrator within a period of sixty (60)
of a diplomatic note requesting arbitration of the dispute and the third arbitrator shall be
agreed upon within a further period of sixty (60) days. If either of the Contracting
Parties fails to designate its own arbitrator within the period of sixty (60) days or if the
third arbitrator is not agreed upon within the period indicated, the President of the Council
of the International Civil Aviation Organization may be requested by either Contracting
Party to appoint an arbitrator or arbitrators.
5. The tribunal referred to in paragraph 2 of this Article shall reach its decisions by
a majority of votes. The Contracting Parties undertake to comply with any decision of
the tribunal.
4. Each Contracting Party shall bear the expenses of its own arbitrator and its
representation in the arbitral proceedings. The expenses of the third arbitrator and any
other relevant expenses shall be borne equally by both Contracting Parties.