TNAG-2820-FCO40-4069-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 15

Arbitration (International Investment Disputes)

Act 1966

ARTICLE 27

CH. 41

713

(1) No Contracting State shall give diplomatic protection.. or bring an international claim, in respect of a dispute which one of is nationals and another Contracting State shall have consented to bmit or shall have submitted to arbitration under this Convention, mless such other Contracting State shall have failed to abide by and comply with the award rendered in such dispute.

(2) Diplomatic protection, for the purposes of paragraph (1), shall not include informal diplomatic exchanges for the sole purpose of facilitating a settlement of the dispute.

SCEL

CHAPTER III

CONCILIATION

SECTION 1

Request for Conciliation

ARTICLE 28

(1) Any Contracting State or any national of a Contracting State wishing to institute conciliation proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party.

(2) The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to conciliation in accordance with the rules of procedure for the institution of con- ciliation and arbitration proceedings.

(3) The Secretary-General shall register the request unless he finds, on the basis of the information contained in the request, that the dispute is manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parties of registration or refusal to register.

SECTION 2

Constitution of the Conciliation Commission

ARTICLE 29

(1) The Conciliation Commission (hereinafter called the Commis- sion) shall be constituted as soon as possible after registration of a

quest pursuant to Article 28.

(2) (a) The Commission shall consist of a sole conciliator or any aneven number of conciliators appointed as the parties shall agree. (b) Where the parties do not agree upon the number of conciliators and the method of their appointment, the Commission shall consist of three conciliators, one conciliator appointed by each party and the third, who shall be the president of the Commission, appointed by agreement of the parties.

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