TNAG-2314-FCO40-3358-Air-services-between-Hong-Kong-and-Australia-1991 — Page 36

ARTICLE 15

25

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 try to settle it by negotiation.

(2) If the Contracting Parties fail to reach a

settlement of the dispute by negotiation, it may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party, shall

be submitted for decision to a tribunal of three

arbitrators which shall be constituted in the following

manner:

&

(a)

(b)

within 30 days after receipt of a request for arbitration, each Contracting Party shall

appoint one arbitrator. A national of a State

which can be regarded as neutral in relation to

the dispute, who shall act as President of the

tribunal, shall be appointed as the third

arbitrator by agreement between the two arbitrators, within 60 days of the appointment

of the second;

if within the time limits specified above any

appointment has not been made, either

Contracting Party may request the President of

the Council of the International Civil Aviation

Organization to make the necessary appointment within 30 days. If the President considers

that he is a national of a State which cannot

be regarded as neutral in relation to the

dispute, the most senior Vice-President who is

not disqualified on that ground shall make the

appointment.