|
The arbitral tribunal shall consist of five members.
Each party shall appoint one member to be chosen preferably from the list, who may be its national.
The other three members shall be appointed by agreement between the parties.
The parties to the dispute shall appoint the President of the arbitral tribunal from among those three members.
If, the parties are unable to reach agreement on the appointment of one or more of the members of the tribunal to be appointed by agreement, or on the appointment of the President, the President of the International Tribunal for the Law of the Sea shall make the necessary appointments. If the President is unable to act thus or is a national of one of the parties to the dispute, the appointment shall be made by the next senior member of the International Tribunal for the Law of the Sea who is available and is not a national of one of the parties.
4. Procedure and award
Own procedure: Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own procedure.[34]
Required majority for decisions: Decisions of the arbitral tribunal shall be taken by a majority vote of its members. In the event of an equality of votes, the President shall have a casting vote.[35]
Award: The award of the arbitral tribunal shall be confined to the subject-matter of the dispute and state the reasons on which it is based. [36]
Finality of award: The award shall be final and without appeal. It shall be complied with by the parties to the dispute.[37]
Interpretation or implementation of award: Any controversy between the parties to the dispute regarding the interpretation or manner of implementation of the award may be submitted by either party for decision to the arbitral tribunal which made the award. [38]
VII. Special Arbitration
In order to solve the particular international maritime dispute involving special and highly scientific or technical knowledge and experience, Annex VIII of the 1982 Convention provides for the Special Arbitration.[39]
1. Jurisdiction
The jurisdiction of the special arbitration includes dispute concerning the interpretation or application of the articles of this Convention relating to (1) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, or (4) navigation, including pollution from vessels and by dumping.[40]
2: Lists of experts[41]
A list of experts shall be established and maintained in respect of each of the fields of (1) fisheries, (2) protection and preservation of the marine environment, (3) marine scientific research, and (4) navigation, including pollution from vessels and by dumping.
|
