Page:United States Statutes at Large Volume 63 Part 3.djvu/188

 2492 Modifications; con- sultation. Effect of future mul- tilateral convention. Settlement of dis- putes. Tribunal of arbitra- tors. Designation. Expenses. 69 Stat. 1353. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [63 STAT. shall be sent simultaneously to the International Civil Aviation Or- ganization. In the event such communication is made, this Agree- ment shall terminate one year after the date of receipt of the notice to terminate, unless by agreement between the contracting parties the communication under reference is withdrawn before the expira- tion of that time. If the other contracting party fails to acknowl- edge receipt, notice shall be deemed as having been received 14 days after its receipt by the International Civil Aviation Organization. ARTICLE 11 If either of the contracting parties considers it desirable to modify any provision of this Agreement or the Annex thereto, it may request consultation between the aeronautical authorities of both contracting parties, such consultation to begin within a period of sixty days from the date of the request. When these authorities mutually agree on new or revised conditions affecting the Agreement or the Annex thereto, their recommendations on the matter will come into effect after they have been confirmed by an exchange of notes between the contracting parties. ARTICLE 12 If a general multilateral air transport Convention accepted by both contracting parties enters into force, the present Agreement shall be amended so as to conform with the provisions of such Convention. ARTICLE 13 Except as otherwise provided in this Agreement or its Annex, any dispute between the contracting parties relative to the interpretation or application of this Agreement or its Annex, which cannot be settled through consultation, shall be submitted for an advisory report to a tribunal of three arbitrators, one to be named by each contracting party, and the third to be agreed upon by the two arbitrators so chosen, provided that such third arbitrator shall not be a national of either contracting party. Each of the contracting parties shall desig- nate an arbitrator within two months of the date of delivery by either party to the other party of a note requesting arbitration of a dispute; and the third arbitrator shall be agreed upon within one month after such period of two months. If the third arbitrator is not agreed upon, within the time limitation indicated, the vacancy thereby created shall be filled by the appointment of a person, designated by the President of the Council of ICAO, from a panel of arbitral personnel maintained in accordance with the practice of Icao. The executive authorities of the contracting parties will use their best efforts under the powers available to them to put into effect the opinion expressed in any such advisory report. The expenses of the arbitral tribunal shall be borne in equal parts by the parties. ARTICLE 14 This Agreement supersedes that relating to civil air transport ef- fected by an Exchange of Notes of February 17, 1945, amended by

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