THIS IS NOT THE OFFICIAL TEXT
UNECE Convention
on Environmental Impact Assessment in a Transboundary
Context (the 'Espoo Convention')
Appendix VII
Arbitration
1. The claimant Party or Parties shall notify the
secretariat that the Parties have agreed to submit
the dispute to arbitration pursuant to Article
15, paragraph 2, of this Convention. The notification
shall state the subject-matter of arbitration and
include, in particular, the Articles of this Convention,
the interpretation or application of which are at
issue. The secretariat 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 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. After such a period, the president shall
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 in accordance
with the provisions of this Convention.
6. Any arbitral tribunal constituted under the
provisions set out herein 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
in order 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; and
(b) Enable it, where necessary, to call witnesses
or experts and receive their evidence.
10. The parties and the arbitrators shall protect
the confidentiality of any information they receive
in confidence during the proceedings of the arbitral
tribunal.
11. The arbitral tribunal may, at the request of
one of the parties, recommend interim measures of
protection.
12. If one of the parties to the dispute does not
appear before the arbitral tribunal or fails to
defend its case, the other party may request the
tribunal to continue the proceedings and to render
its final decision. Absence of a party or failure
of a party to defend its case shall not constitute
a bar to the proceedings. Before rendering its final
decision, the arbitral tribunal must satisfy itself
that the claim is well founded in fact and law.
13. The arbitral tribunal may hear and determine
counter-claims arising directly out of the subject-matter
of the dispute.
14. Unless the arbitral tribunal determines otherwise
because of the particular circumstances of the case,
the expenses of the tribunal, including the remuneration
of its members, shall be borne by the parties to
the dispute in equal shares. The tribunal shall
keep a record of all its expenses, and shall furnish
a final statement thereof to the parties.
15. Any Party to this Convention having an interest
of a legal nature in the subject-matter of the dispute,
and which may be affected by a decision in the case,
may intervene in the proceedings with the consent
of the tribunal.
16. The arbitral tribunal shall render its award
within five months of the date on which it is established
unless it finds it necessary to extend the time
limit for a period which should not exceed five
months.
17. The award of the arbitral tribunal shall be
accompanied by a statement of reasons. It shall
be final and binding upon all parties to the dispute.
The award will be transmitted by the arbitral tribunal
to the parties to the dispute and to the secretariat.
The secretariat will forward the information received
to all Parties to this Convention.
18. Any dispute which may arise between the parties
concerning the interpretation or execution of the
award may be submitted by either party to the arbitral
tribunal which made the award or, if the latter
cannot be seized thereof, to another tribunal constituted
for this purpose in the same manner as the first.