Decreto do Governo n.º 15/84 — Aprova, para ratificação, a Convenção para a Resolução de Diferendos Relativos a Investimentos entre Estados e…

2 - The tribunal upon the request of a party made within forty-five days after the date on which the award was rendered may after notice to the other party decide any question which it had omitted to decide in the award, and shall rectify any clerical, arithmetical or similiar error in the award. Its decision shall become part of the award and shall be notified to the parties in the same manner as the award. The periods of time provided for under paragraph 2 of article 51 and paragraph 2 of article 52 shall run from the date on which the decision was rendered.

SECTION 5

Interpretation, revision and annulment of the award

Article 50

1 - If any dispute shall arise between the parties as to the meaning or scope of an award, either party may request interpretation of the award by an application in writing addressed to the secretary-general.

2 - The request shall, if possible, be submitted to the tribunal which rendered the award. If this shall not be possible, a new tribunal sall be constituted in accordance with section 2 of this chapter. The tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision.

Article 51

1 - Either party may request revision of the award by an application in writing addressed to the secretary- general on the ground of discovery of some fact of such a nature as decisively to affect the award, provided that when the award was rendered that fact was unknown to the tribunal and to the applicant and that the applicant's ignorance of that fact was not due to negligence.

2 - The application shall be made within ninety days after the discovery of such fact and in any event within three years after the date on which the award was rendered.

3 - The request shall, if possible, be submitted to the tribunal which rendered the award. If this shall not be possible, a new tribunal shall be constituted in accordance with section 2 of this chapter.

4 - The tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the tribunal rules on such request.

Article 52

1 - Either party may request annulment of the award by an application in writing addressed to the secretary-general on one or more of the following grounds:

2 - The application shall be made within one hundred and twenty days after the date on which the award was rendered except that when annulment is requested on the ground of corruption such application shall be made within one hundred and twenty days after discovery of the corruption and in any event within three years after the date on which the award was rendered.

3 - On receipt of the request the chairman shall forthwith appoint from the panel of arbitrators an ad hoc committee of three persons. None of the members of the committee shall have been a member of the tribunal which rendered the award, shall be of the same nationality as any such member, shall be a national of the State party to the dispute or of the State whose national is a party to the dispute, shall have been designated to the panel of arbitrators by either of those States, or shall have acted as a conciliator in the same dispute. The committee shall have the authority to annul the award or any part thereof on any of the grounds set forth in paragraph 1.

4 - The provisions of articles 41-45, 48, 49, 53 and 54 and of chapters VI and VII shall apply mutatis mutandis to proceedings before the committee.

5 - The committee may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the committee rules on such request.

6 - If the award is annulled the dispute shall, at the request of either party, be submitted to a new tribunal constituted in accordance with section 2 of this chapter.

SECTION 6

Recognition and enforcement of the award

Article 53

1 - The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each party shall abide by and comply with the terms of the award except to the extent that enforcement shall have been stayed pursuant to the relevant provisions of this Convention.

2 - For the purposes of this section, «award» shall include any decision interpreting, revising or annulling such award pursuant to articles 50, 51 or 52.

Article 54

1 - Each Contracting State shall recognize an award rendered pursuant to this Convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. A Contracting State with a federal constitution may enforce such an award in or through its federal courts and may provide that such courts shall treat the award as if it were a final judgment of the courts of a constituent state.

2 - A party seeking recognition or enforcement in the territories of a Contracting State shall furnish to a competent court or other authority which such State shall have designated for this purpose a copy of the award certified by the secretary-general. Each Contracting State shall notify the secretary-general of the designation of the competent court or other authority for this purpose and of any subsequent change in such designation.

3 - Execution of the award shall be governed by the laws concerning the execution of judgements in force in the State in whose territories such execution is sought.

Article 55

Nothing in article 54 shall be construed as derogating from the law in force in any Contracting State relating to immunity of that State or of any foreign State from execution.

CHAPTER V

Replacement and disqualification of conciliators and arbitrators

Article 56

1 - After a commission or a tribunal has been constituted and proceedings have begun, its composition shall remain unchanged; provided, however, that if a conciliator or an arbitrator should die, become incapacitated, or resign, the resulting vacancy shall be filled in accordance with the provisions of section 2 of chapter III or section 2 of chapter IV.

2 - A member of a commission or tribunal shall continue to serve in that capacity notwithstanding that he shall have ceased to be a member of the panel.

3 - If a conciliator or arbitrator appointed by a party shall have resigned without the consent of the commission or tribunal of which he was a member, the chairman shall appoint a person from the appropriate panel to fill the resulting vacancy.

Article 57

A party may propose to a commission or tribunal the disqualification of any of its members on account of any fact indicating a manifest lack of the qualities required by paragraph 1 of article 14. A party to arbitration proceedings may, in addition, propose the disqualification of an arbitrator on the ground that he was ineligible for appointment to the tribunal under section 2 of chapter IV.

Article 58

The decision on any proposal to disqualify a conciliator or arbitrator shall be taken by the other members of the commission or tribunal as the case may be, provided that where those members are equally divided, or in the case of a proposal to disqualify a sole conciliator or arbitrator, or a majority of the conciliators or arbitrators, the chairman shall take that decision. If it is decided that the proposal is well-founded the conciliator or arbitrator to whom the decision relates shall be replaced in accordance with the provisions of section 2 of chapter III or section 2 of chapter IV.

CHAPTER VI

Cost of proceedings

Article 59

The charges payable by the parties for the use of the facilities of the Centre shall be determined by the secretary-general in accordance with the regulations adopted by the administrative council.

Article 60

1 - Each commission and each tribunal shall determine the fees and expenses of its members within limits established from time to time by the administrative council and after consultation with the secretary-general.

2 - Nothing in paragraph 1 of this article shall preclude the parties from agreeing in advance with the commission or tribunal concerned upon the fees and expenses of its members.

Article 61

1 - In the case of conciliation proceedings the fees and expenses of members of the commission as well as the charges for the use of the facilities of the Centre shall be borne equally by the parties. Each party shall bear any other expenses it incurs in connection with the proceedings.

2 - In the case of arbitration proceedings the tribunal shall, except as the parties otherwise agree, assess the expenses incurred by the parties in connection with the proceedings, and shall decide how and by whom those expenses, the fees and expenses of the members of the tribunal and the charges for the use of the facilities of the Centre shall be paid. Such decision shall form part of the award.

CHAPTER VII

Place of proceedings

Article 62

Conciliation and arbitration proceedings shall be held at the seat of the Centre except as hereinafter provided.

Article 63

Conciliation and arbitration proceedings may be held if the parties so agree:

CHAPTER VIII

Disputes between Contracting States

Article 64

Any dispute arising between Contracting States concerning the interpretation or application of this Convention which is not settled by negotiation shall be referred to the International Court of Justice by the application of any party to such dispute, unless the States concerned agree to another method of settlement.

CHAPTER IX

Amendment

Article 65

Any Contracting State may propose amendment of this Convention. The text of a proposed amendment shall be communicated to the secretary-general not less than ninety days prior to the meeting of the administrative council at which such amendment is to be considered and shall forthwith be transmitted by him to all the members of the administrative council.

Article 66

1 - If the administrative council shall so decide by a majority of two-thirds of its members, the proposed amendment shall be circulated to all Contracting States for ratification, accpetance or approval. Each amendment shall enter into force thirty days after dispach by the depositary of this Convention of a notification to Contracting States that all Contracting Sates have ratified, accepted or approved the amendment.

2 - No amendment shall affect the rights and obligations under this Convention of any Contracting State or of any of its constituent subdivisions or agencies, or of any national of such State arising out of consent to the jurisdiction of the Centre given before the date of entry into force of the amendment.

CHAPTER X

Final provisions

Article 67

This Convention shall be open for signature on behalf of States members of the Bank. It shall also be open for signature on behalf of any other State which is a party to the Statute of the International Court of Justice and which the administrative council, by a vote of two-thirds of its members, shall have invited to sign the Convention.

Article 68

1 - This Convention shall be subject to ratification, acceptance or approval by the signatory States in accordance with their respective constitucional procedures.

2 - This Convention shall enter into force thirty days after the date of deposit of the twentieth instrument of ratification, acceptance or approval. It shall enter into force for each State which subsequently deposits its instrument of ratification, acceptance or approval thirty days after the date of such deposit.

Article 69

Each Contracting State shall take such legislative or other measures as may be necessary for making the provisions of this Convention effective in its territories.

Article 70

This Convention shall apply to all territories for whose international relations a Contracting State is responsible, except those which are excluded by such State by written notice to the depositary of this Convention either at the time of ratification, acceptance or approval or subsequently.

Article 71

Any Contracting State may denounce this Convention by written notice to the depositary of this Convention. The denunciation shall take effect six months after receipt of such notice.

Article 72

Notice by a Contracting State pursuant to articles 70 or 71 shall not affect the rights or obligations under this Convention of that State or of any of its constituent subdivisions or agencies or of any national of that State arising out of consent to the jurisdiction of the Centre given by one of them before such notice was received by the depositary.

Article 73

Instruments of ratification, acceptance or approval of this Convention and of amendments thereto shall be deposited with the Bank which sall act as the depositary of this Convention. The depositary shall transmit certified copies of this Convention to States members of the Bank and to any other State invited to sign the Convention.

Article 74

The depositary shall register this Convention with the Secretariat of the United Nations in accordance with article 102 of the charter of the United Nations and the Regulations thereunder adopted by the general assembly.

Article 75

The depositary shall notify all signatory States of the following:

Done at Washington, in the English, French and Spanish languages, all three texts being equally authentic, in a single copy which shall remain deposited in the archives of the International Bank for Reconstruction and Development, which has indicated by its signature below its agreement to fulfil the functions with which it is charged under this Convention.