МЕЖДУ ПРАВИТЕЛЬСТВОМ РОССИЙСКОЙ ФЕДЕРАЦИИ И ПРАВИТЕЛЬСТВОМ ЮЖНО-АФРИКАНСКОЙ РЕСПУБЛИКИ О СОТРУДНИЧЕСТВЕ В ОБЛАСТИ ИССЛЕДОВАНИЯ И ИСПОЛЬЗОВАНИЯ КОСМИЧЕСКОГО ПРОСТРАНСТВА В МИРНЫХ ЦЕЛЯХ. Соглашение. Правительство РФ. 05.09.06

Article 16
                        Settlement of disputes

     1.  In  cases  of  disputes  pertaining to the interpretation and
implementation of this Agreement, the Parties shall use, on a priority
basis,  methods  and  means  of amicable settlement and, if necessary,
hold consultations for these purposes.
     2.   The  cooperating  organizations  shall  take  all  necessary
measures for amicable settlement of disputes arising between them. For
this  purpose, such disputes may be referred, for joint consideration,
to the authorized officials of the parties in dispute.
     3.  Upon the consent of the parties in dispute, such disputes may
be  resolved through other conciliatory procedures, including, but not
limited  to,  referring  the  matter to the Parties or the cooperating
organizations, accordingly.
     4.  Disputes  with  respect  to  which  settlement  has  not been
reached, in accordance with the procedures envisaged in paragraphs 1 -
3  of  this  Article,  within  six  months,  after  one of the Parties
forwards  a  request  in  written form for such settlement may, at the
request of either Party, be submitted to an Arbitration Tribunal which
shall  be  established  in  accordance  with  the  provisions  of this
Article.
     5.  If  a  dispute is heard at an Arbitration Tribunal each Party
shall  appoint  an arbitrator and these two arbitrators shall select a
national of a third state as a senior arbitrator appointed Chairperson
by  the  two  Parties.  The  arbitrators shall be appointed within two
months,  while  the Chairperson shall be appointed within three months
after  either  Party  informs  the  other Party in written form of its
intention to submit the dispute to the arbitration procedure.
     6.  If  the  periods  of  time  specified  in paragraph 4 of this
Article  are  not  observed,  either  Party may, in the absence of any
other  agreement,  invite  the President of the International Court of
Justice  to  make  the necessary appointments. If the President of the
International  Court  of  Justice is a national of the State of either
Party  or  is  unable  to  discharge  the  said function for any other
reason, the necessary appointments shall be made by the Vice-President
of  the  International  Court of Justice. If the Vice-President of the
International  Court  of  Justice is a national of the State of either
Party  or  is  unable  to  discharge  the  said function for any other
reason,  the  necessary  appointments  shall  be made by the next most
senior  Member  of  the  International  Court  of Justice who is not a
national of the State of either Party.
     7.  The Arbitration Tribunal shall take its decisions by majority
vote  on  the  basis  of  existing  treaties  between  the Parties and
generally  recognized  principles  and norms of international law. Its
decisions  shall  be  final and shall not be subject to appeal, unless
the Parties have agreed in advance in written form on the procedure of
appeal.  At  the request of both Parties, the Arbitration Tribunal may
formulate  recommendations  which,  while  not  having  the force of a
decision,  only  form  the basis for examination by the Parties of the
issue  underlying  the dispute. Decisions and advisory opinions of the
Arbitration  Tribunal  shall  be limited to the subject of the dispute
and shall set forth motivation on which they are based.
     8.  Each  Party  shall  bear  the costs of its arbitrator and its
lawyer during arbitration; the costs of the Chairperson shall be borne
in equal parts by both Parties. Any other expenses associated with the
dispute  settlement  by way of arbitration shall be shared between the
Parties  in  equal  parts,  unless the Parties agree otherwise. In all
other  respects,  the  Arbitration Tribunal shall itself establish its
rules  of  procedure. The provisions of this paragraph shall not apply
to  the  distribution  of  costs  between  a Party and its cooperating
organizations.