О ВОЗДУШНОМ СООБЩЕНИИ. Соглашение. Правительство РФ. 19.11.09

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Article 18
                         Settlement of Disputes
     
     1.  If  any  dispute  arises  between the Parties relating to the
interpretation  or application of this Agreement, the Parties shall in
the   first  place  try  to  settle  it  by  the  negotiation  between
aeronautical authorities of both Parties.
     2.  If  the  said  aeronautical  authorities  fail  to  reach  an
agreement, the dispute shall be settled through diplomatic channels.
     3.  If  settlement  cannot be reached by the methods mentioned in
paragraphs  1  and  2  of  present  Article, the dispute shall, at the
request  of  either Party, be submitted for decision to an Arbitration
consisting of three arbitrators, two to be appointed by each Party and
the  third  -  umpire. If a dispute is submitted for the decision to a
Arbitration,  each of the Parties shall appoint an arbitrator within a
period  of  60  days  from the date of receipt of notification and the
umpire  to  be  appointed  within  a further 60 days. If either of the
Parties  fails to appoint an arbitrator within the specified period or
if  the  umpire  is  not  appointed  within  the  specified period the
President   of   the  Council  of  the  International  Civil  Aviation
Organization   may   be  requested  by  either  Party  to  appoint  an
arbitrator, arbitrators or the umpire as the case requires. The umpire
shall be nationals of a third state which has the diplomatic relations
with the State of each Party.
     4.  If  the  umpire, appointed by the President of the Council of
the  International Civil Aviation Organization is a national of either
Party  or if he is otherwise prevented from discharging this function,
the  Vice-President of the Council of the International Civil Aviation
Organization   deputizing   for   him   should   make   the  necessary
appointments. If the Vice-President is the national of either Party or
he  is  otherwise prevented from discharging this function, the oldest
member of the Council of the International Civil Aviation Organization
who  is  not  a national of the States of both Parties should make the
necessary appointments.
     5.  The rules of procedures and the place of an Arbitration shall
be determined by the Parties.
     6. The decision of the tribunal shall be binding on the Parties.
     7.  The  expenses  of  the  arbitral tribunal, including fees and
expenses of the arbitrators shall be shared equally by the Contracting
Parties.  Any  expenses  incurred  by the Council of the International
Civil  Aviation Organization in connection with the appointment of the
umpire  and/or  the  arbitrator of the failing Party as referred to in
paragraph  3  of  this  Article  shall be considered to be part of the
expenses of the arbitral tribunal.
     8. The Arbitration shall determine its own procedure.
     

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