ARTICLE III 1. The Tribunal shall consist of nine members or such larger multiple of three as Iran and the United States may agree are necessary to conduct its business expeditiously. Within ninety days. after the entry into force of this agreement, each government shall appoint one-third of the members. Within thirty days after their appointment, the members so appointed shall by mutual agreement select the remaining third of the members and appoint one of the remaining third President of the Tribunal. Claims may be decided by the full Tribunal or by a panel of three members of the Tribunal as the President shall determine. Each such panel shall be composed by the President and shall consist of one member appointed by each of the three methods set forth above. 2. Members of the Tribunal shall be appointed and the Tribunal shall conduct its business in accordance with the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL) except to the extent modified by the parties or by the Tribunal to ensure that this agreement can be carried out. The UNCITRAL rules for appointing members of three-member Tribunals shall apply mutatis mutandis to the appointment of the Tribunal. 3. Claims of nationals of the United States and Iran that are within the scope of this agreement shall be presented to the Tribunal either by claimants themselves, or, in the case of claims of less than $250,000, by the Government of such national. 4. No claim may be filed with the Tribunal more than one year after the entry into force of this agreement or six months after the date the President is appointed, whichever is later. These deadlines do not apply to the procedures contemplated by Paragraphs 16 and 17 of the Declaration of the Government of Algeria of January 19, 1981. ARTICLE IV 1. All decisions and awards of the Tribunal shall be final and binding. 2. The President of the Tribunal shall certify, as prescribed in Paragraph 7 of the Declaration of the Government of Algeria of January 19, 1981, when all arbitral awards under this agreement have been satisfied. 3. Any award which the Tribunal may render against either government shall be enforceable against such government in the courts of any nation in accordance with its laws. ARTICLE V The Tribunal shall decide all cases on the basis of respect for law, applying such choice of law rules and principles of commercial and international law as the Tribunal determines to be applicable, taking into account relevant usages of the trade, contract provisions and changed circumstances. ARTICLE VI 1. The seat of the Tribunal shall be The Hague, The Netherlands, or any other place agreed by Iran and the United States. 2. Each government shall designate an agent at the seat of the Tribunal to represent it to the Tribunal and to receive notices or other communications directed to it or to its nationals, agencies, instrumentalities, or entities in connection with proceedings before the Tribunal. 3. The expenses of the Tribunal shall be borne equally by the two governments. 4. Any question concerning the interpretation or application of this agreement shall be decided by the Tribunal upon the request of either Iran or the United States. ARTICLE VII For the purposes of this agreement: 1. A "national" of Iran or of the United States, as the case may be, means (a) a natural person who is a citizen of Iran or the United States; and (b) a corporation or other legal entity which is organized under the laws of Iran or the United States or any of its states or territories, the District of Columbia or the Commonwealth of Puerto Rico, if, collectively, natural persons who are citizens of such country hold, directly, or indirectly, an interest in such corporation or entity equivalent to fifty percent or more of its capital stock. 2. "Claims of nationals" of Iran or the United States, as the case may be, means claims owned continuously, from the date on which the claim arose to the date on which this agreement enters into force, by nationals of that state, including claims that are owned indirectly by such nationals through ownership of capital stock or other proprietary interests in juridical persons, provided that the ownership interests of such nationals, collectively, were sufficient at the time the claim arose to control the corporation or other entity, and provided, further, that the corporation or other entity is not itself entitled to bring a claim under the terms of this agree ment. Claims referred to the Arbitral Tribunal shall, as of the date of filing of such claims with the Tribunal, be considered excluded from the jurisdiction of the courts of Iran, or of the United States, or of any other court. 3. "Iran" means the Government of Iran, any political subdivision of Iran, and any agency, instrumentality, or entity controlled by the Government of Iran or any political subdivision thereof. 4. The "United States" means the Government of the United States, any political subdivision of the United States, any agency, instrumentality or entity controlled by the Government of the United States or any political subdivision thereof. ARTICLE VIII This agreement shall enter into force when the Government of Algeria has received from both Iran and the United States a notification of adherence to the agreement. Initialed on January 19, 1981. BY WARREN M. CHRISTOPHER, Deputy Secretary of State of the Government of the United States. By virtue of the powers vested in him by his Government as deposited with the Government of Algeria. 3. The General Agreement on Tariffs and Trade a. The General Agreement on Tariffs and Trade (amended) Article III-National Treatment on Internal Taxation and Regulation 227 228 229 Article VI-Anti-dumping and Countervailing Duties 230 231 Article VIII-Fees and Formalities connected with Importation and Exportation..... 233 Article IX-Marks of Origin .... 234 Article X-Publication and Administration of Trade Regulations 234 235 Article XII-Restrictions to Safeguard the Balance of Payments. 236 Article XIII-Non-discriminatory Administration of Quantitative Restrictions...... 239 Article XIV-Exceptions to the Rule of Non-discrimination.. Article XIX-Emergency Action on Imports of Particular Products.. Article XXV-Joint Action by the Contracting Parties.... 257 Article XXVI-Acceptance, Entry Into Force and Registration. Article XXIX-The Relation of This Agreement to the Havana Charter..... Article XXXV-Non-application of the Agreement Between Particular Protocol of Provisional Application of the General Agreement on Tariffs and 285 |