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After the conciliation commission has presented its report, which shall state the reasons on which it is based, the parties shall negotiate an agreement on the basis of that report; if these negotiations do not result in an agreement, the parties shall, by mutual consent, submit the question to one of the compulsory procedures, unless the parties otherwise agree. [26]
Participation of Experts [27]
Under Article 289 of the 1982 Convention, in any dispute involving scientific or technical matters, a court or tribunal exercising jurisdiction may, at the request of a party or proprio motu, select in consultation with the parties no fewer than two scientific or technical experts chosen preferably from the relevant list prepared in accordance with Annex VIII, article 2, [28]to sit with the court or tribunal but without the right to vote.
Provisional measures[29]
Under Article 290 of the 1982 Convention, if a dispute has been duly submitted to a court or tribunal which considers that prima facie it has jurisdiction, the court or tribunal may prescribe any provisional measures which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent serious harm to the marine environment, pending the final decision.
Provisional measures may be modified or revoked as soon as the circumstances justifying them have changed or ceased to exist.
Provisional measures may be prescribed, modified or revoked only at the request of a party to the dispute and after the parties have been given an opportunity to be heard.
V. International Tribunal for the Law of the Sea & The International Court of Justice (omitted)
The optional system of the compulsory procedures for the settlement of law of sea dispute refers to, the ICJ, and the International Tribunal for the Law of the Sea.[30] Discussion of these two judicial bodies is omitted in this Note.
VI. Arbitration
1. The Arbitral Tribunal
The Annex VII (seven) provides for and elaborates the arbitration under article 287 of the 1982 Convention. Though namely it is a tribunal, it is not a standing body. This tribunal actually only reserves a list of arbitrators. Any party to a dispute may submit the dispute to the arbitral procedure. Both the tribunal and procedure are ad hoc.[31]
2. List of arbitrators
Every State Party shall be entitled to nominate four arbitrators.
A list of arbitrators shall be drawn up and maintained by the Secretary-General of the United Nations. [32]
3: Constitution of arbitral tribunal[33]
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