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Diplomatic Immunities and Privileges Act, 2001 (Act No. 37 of 2001)

Notices

Recognition of the International Fund for Agricultural Development

Article IX : Interpretation and settlement of disputes

 

(1) This Agreement shall be interpreted in the light of its principal objective, which is to enable the Office to carry out its activities fully and efficiently.

 

(2) Where an allegation is substantiated, the party in breach shall undertake in writing to remedy the breach and notify the other party in writing the measures taken or proposed to be taken to remedy the breach and prevent further breaches.

 

(3) Any major dispute between the Government and the Fund concerning the interpretation or application of this Agreement, or of any supplementary arrangement, which is not settled by negotiation shall, unless the parties agree otherwise, be referred for final decision to a tribunal of three (3) arbitrators, one to be named by the Government, one to be named by the President of the Fund, and the third, who shall chair the tribunal, to be chosen by mutual agreement by the other two arbitrators.

 

(4) Should the first two arbitrators fail to agree on the choice of the third within six (6) months following their appointment, the third arbitrator shall be named by the President of the International Court of Justice, unless he or she is a national of the Republic of South Africa, in which case the third arbitrator shall be named by the Vice -President of the international Court of Justice.

 

(5) Each Party to this Agreement shall bear the cost of its representative(s) (arbitrator(s)) and both Parties shall equally pay the cost of the third arbitrator.

 

(6) The decisions of the tribunal of arbitrators shall be fully binding.