SETTLEMENT OF DISPUTES
1. In the event of a dispute between any two or more Parties concerning the interpretation or application
of the Convention, the Parties concerned shall seek a settlement of the dispute through negotiation or any
other peaceful means of their own choice.
2. When ratifying, accepting, approving or acceding to the Convention, or at any time thereafter, a Party
which is not a regional economic integration organization may declare in a written instrument submitted to
the Depositary that, in respect of any dispute concerning the interpretation or application of the
Convention, it recognizes as compulsory ipso facto and without special agreement, in relation to any Party
accepting the same obligation:
(a) Submission of the dispute to the International Court of Justice, and/or
(b) Arbitration in accordance with procedures to be adopted by the Conference of the Parties as soon as
practicable, in an annex on arbitration.
A Party which is a regional economic integration organization may make a declaration with like effect in
relation to arbitration in accordance with the procedures referred to in subparagraph (b) above.
3. A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its
terms or until three months after written notice of its revocation has been deposited with the Depositary.
4. A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect
proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties
to the dispute otherwise agree.
5. Subject to the operation of paragraph 2 above, if after twelve months following notification by one
Party to another that a dispute exists between them, the Parties concerned have not been able to settle
their dispute through the means mentioned in paragraph 1 above, the dispute shall be submitted, at the
request of any of the parties to the dispute, to conciliation.
6. A conciliation commission shall be created upon the request of one of the parties to the dispute. The
commission shall be composed of an equal number of members appointed by each party concerned and a chairman
chosen jointly by the members appointed by each party. The commission shall render a recommendatory award,
which the parties shall consider in good faith.
7. Additional procedures relating to conciliation shall be adopted by the Conference of the Parties, as
soon as practicable, in an annex on conciliation.
8. The provisions of this Article shall apply to any related legal instrument which the Conference of the
Parties may adopt, unless the instrument provides otherwise.