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[接上页] higher than those imposed on its own airlines operating similar international air services. 2. Each Contracting Party shall encourage consultation between its competent charging Authorities and airlines using the services and facilities, where practicable through the airlines representative organizations. Reasonable notice should be given to users of any proposals for changes in user charges to enable them to express their views before changes are made. Each Contracting Party shall further encourage the competent charging Authorities and airlines to exchange appropriate information concerning user charges. Article 17 Consultation Either Contracting Party may at any time request consultations on the implementation, interpretation, application or amendment of this Agreement. Such consultation, which may be between Aeronautical Authorities, shall begin within a period of 60 days from the date the other Contracting Party receives a written request, unless otherwise agreed by the Contracting Parties. Article 18 Settlement of Disputes 1. If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place try to settle it by negotiation. 2. If the Contracting Parties fail to reach a settlement of the dispute by negotiation, it may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party, shall be submitted for decision to a tribunal of three arbitrators which shall be constituted in the following manner: a) Within 30 days after receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator. A national of a State which can be regarded as neutral in relation to the dispute, who shall act as President of the tribunal, shall be appointed as the third arbitrator by agreement between the two arbitrators, within 60 days of the appointment of the second; b) If within the time limits specified above any appointment has not been made, either Contracting Party may request the President of the Council of the International Civil Aviation Organization to make the necessary appointment within 30 days. If the President considers that he is a national of a State which cannot be regarded as neutral in relation to the dispute, the most senior Vice President who is not disqualified on that ground shall make the appointment. 3. Except as hereinafter provided in this Article or as otherwise agreed by the Contracting Parties, the tribunal shall determine the limits of its jurisdiction and establish its own procedure. At the direction of the tribunal, or at the request of either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than 30 days after the tribunal is fully constituted. 4. Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within 45 days after the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request of either Contracting Party, or at its discretion, within 30 days after replies are due. 5. The tribunal shall attempt to give written decision within 30 days after completion of the hearing or, it no hearing is held, after the date both replies are submitted. The decision shall be taken by a majority vote. 6. The Contracting Parties may submit requests for clarification of the decision within 15 days after it is received and such clarification shall be issued within 15 days of such request. 7. The decision of the tribunal shall be binding on the Contracting Parties. 8. Each Contracting Party shall bear the cost of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President or Vice President of the Council of the International Civil Aviation Organization implementing the procedures in paragraph 2.b of this Article. Article 19 Amendment If either of the Contracting Parties considers desirable to amend any provision of this Agreement, such amendment, if agreed between the Contracting Parties, may be applied provisionally from the date on which it is agreed and shall enter into force when confirmed by both Contracting Parties in writing. Article 20 Termination Either Contracting Party may at any time give notice in writing to the other Contracting Party of its decision to terminate this Agreement. This Agreement shall terminate at midnight (at the place of receipt of the notice) immediately before the first anniversary of the date of the receipt of such notice by the other Contracting Party, unless the notice is withdrawn by agreement before the end of this period. Article 21 Registration with the International Civil Aviation Organization |