TNAG-2311-FCO40-3355-Air-services-between-Hong-Kong-and-Indonesia-1991 — Page 36

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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(3)

Except as

hereinafter

provided in this Article or

otherwise agreed by the Contracting Parties, the tribunal

shall determine the limits of its jurisdiction and establish

its own procedure. . At the direction of the tribunal, or at the request of a Contracting Party, a conference to determine the precise issues to be arbitrated and the specific

procedures to

be followed

shall be held not later than 30

days after the tribunal is fully constituted.

(4)

submit

Except as otherwise agreed by the Contracting Parties or

prescribed by the tribunal, each Contracting Party shall

a memorandum within 45 days after the tribunal is

fully constituted. Replies shall be due 60 days later. The

tribunal shall hold a hearing at the request of a Contracting

Party, or at its discretion, within 30 days after replies are

due.

(5)

The

tribunal

shall attempt to give a written decision

within 30 days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision shall be taken by a majority vote.

(6)

A Contracting Party may submit a request for clarification of the decision within 15 days after it is

received and such clarification shall be issued within 15

days of such request.

(7)

The decision of the tribunal shall be binding on the

Contracting Parties.

(8)

Each Contracting Party shall bear the costs of the

arbitrator appointed by it.

The other costs of the tribunal

shall be shared equally by the Contracting Parties including any expenses incurred by the President or Vice-President of

the Council of the International Civil Aviation Organization in implementing the procedures in paragraph (2) (b) of this

Article.

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