Page:Convention on International Civil Aviation - 1944.djvu/42



CHAPTER XVIII

DISPUTES AND DEFAULT

If any disagreement between two or more contracting States relating to the interpretation or application of this Convention and its Annexes cannot be settled by negotiation, it shall, on the application of any State concerned in the disagreement, be decided by the Council. No member of the Council shall vote in the consideration by the Council of any dispute to which it is a party. Any contracting State may, subject to Article 85, appeal from the decision of the Council to an arbitral tribunal agreed upon with the other parties to the dispute or to the  Permanent Court of International Justice. Any such appeal shall be notified to the Council within sixty days of receipt of notification of the decision of the Council.

If any contracting State party to a dispute in which the decision of the Council is under appeal has not accepted the Statute of the Permanent Court of International Justice and the contracting States parties to the dispute cannot agree on the choice of the arbitral tribunal, each of the contracting States parties to the dispute shall name a single arbitrator who sshall name an umpire. If either contracting State party to the dispute falls to name an arbitrator within a period of three months from the date of the appeal, an arbitrator shall be named on behalf of