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Annex II

ARBITRATION

1. In the event of a dispute being submitted for arbitration pursuant to
article 16, paragraph 2, of this Convention, a party or parties shall notify
the secretariat of the subject matter of arbitration and indicate, in
particular, the articles of this Convention whose interpretation or
application is at issue. The secrétariat shall forward the information
received to all Parties to this Convention.
2. The arbitral tribunal shall consist of three members. Both the claimant
party or parties and the other party or parties to the dispute shall appoint
an arbitrator, and the two arbitrators so appointed shall designate by common
agreement the third arbitrator, who shall be the president of the arbitral
tribunal. The latter shall not be a national of one of the parties to the
dispute, nor have his or her usual place of residence in the territory of one
of these parties, nor be employed by any of them, nor have dealt with the case
in any other capacity.

3. if the president of the arbitral tribunal has not been designated within
two months of the appointment of the second arbitrator, the Executive
Secretary of the Economic Commission for Europe shall, at the request of
either party to the dispute, designate the president within a further
two-month period.
4. If one of the parties to the dispute does not appoint an arbitrator
within two months of the receipt of the request, the other party may so inform
the Executive Secretary of the Economic Commission for Europe, who shall
designate the president of the arbitral tribunal within a further two-month
period. Upon designation, the president of the arbitral tribunal shall
request the party which has not appointed an arbitrator to do so within two
months. If it fails to do so within that period, the president shall so
inform the Executive Secretary of the Economic Commission for Europe, who
shall make this appointment within a further two-month period.

5. The arbitral tribunal shall render its decision in accordance with
international law and the provisions of this Convention.

6. Any arbitral tribunal constituted under the provisions set out in this
annex shall draw up its own rules of procedure.

7. The decisions of the arbitral tribunal, both on procedure and on
substance, shall be taken by majority vote of its members.

8. The tribunal may take all appropriate measures to establish the facts.

9. The parties to the dispute shall facilitate the work of the arbitral
tribunal and, in particular, using all means at their disposal, shall:

(a) Provide it with all relevant documents, facilities and information;

(b) Enable it, where necessary, to call witnesses or experts and receive
their evidence.

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