Page:United States Statutes at Large Volume 61 Part 2.djvu/248

 1204 CHAPTER XVIII DISPUTES AND DEFAULT Article 84 Settlement of If any disagreement between two or more contracting disputes States relating to the interpretation or application of this Convention and its Annexes cannot be settled by negotia- tion, 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 ad hoc 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. Article 86 rbitration 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 Inter- national 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 shall name an umpire. If either contracting State party to the dispute fails to name an arbitrator within a period of three months from the date of the appeal, an arbitrator shall be named on behalf of that State by the President of the Council from a list of qualified and available persons maintained by the Council. If, within thirty days, the arbitrators cannot agree on an umpire, the President of the Council shall designate an umpire from the list previously referred to. The arbitrators and the umpire shall then jointly constitute an arbitral tribunal. Any arbitral tribunal established under this or the preceding Article shall settle its own procedure and give its decisions by majority vote, provided that the Council may determine procedural questions in the event of any delay which in the opinion of the Council is excessive. Article 86 Appe Unless the Council decides otherwise, any decision by the Council on whether an international airline is oper- ating in conformity with the provisions of this Conven- tion shall remain in effect unless reversed on appeal. On TREATIES [61 STAT.

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