TNAG-2539-FCO40-3714-Air-services-agreements-between-Hong-Kong-and-Scandinavian-c-1992 — Page 66

ARTICLE 16

Settlement of Disputes

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(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 settle-

ment 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 a Contracting Party, shall be sub-

mitted for decision to a tribunal of three arbitrators

which shall be constituted in the following manner:

(a) 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 arbitrat- ors, within 60 days of the appointment of the second;

(b) If within the time limits specified above any appointment has not been made, a Contracting Party may request the President of the Council of the Inter-

national Civil Aviation Organization to make the neces- sary appointment within 30 days. If the President

considers that he is a national of a State which can-

not 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.

(3) Except as hereinafter provided in this Article or as otherwise agreed by the Contracting Parties, the

tribunal shall determine the limits of its jurisdiction

and establish its own procedure. At the direction

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