国际海事卫星组织（INMARSAT）公约（三）

vacancy occurs as a result of the withdrawal of thepresident or of a member appointed pursuant to Article 3（3）， a replacementshall be selected in the manner described in paragraph （2） or （3），respectively， of Article 3.

　　（2） If a vacancy occurs for any other reason， or if a vacancyoccurring pursuant to paragraph （1） is not filled， the remainder of thetribunal shall have the power， notwithstanding Article 1， upon request ofone side， to continue the proceedings and give the final decision of thetribunal.

　　ARTICLE 5

　　（1） The tribunal shall decide the date and place of its meetings.

　　（2） The proceedings shall be held in private and all materialpresented to the tribunal shall be confidential. However， the Organizationand any Party which has designated a Signatory which is a disputant in theproceedings shall have the right to be present and shall have access tothe material presented. When the Organization is a disputant in theproceedings， all Parties and all Signatories shall have the right to bepresent and shall have access to the material presented.

　　（3） In the event of a dispute over the competence of the tribunal， thetribunal shall deal with that question first.

　　（4） The proceedings shall be conducted in writing， and each side shallhave the right to submit written evidence in support of its allegations offact and law. However， oral arguments and testimony may be given if thetribunal considers it appropriate.

　　（5） The proceedings shall commence with the presentation of the caseof the petitioner containing its arguments， related facts supported byevidence and the principles of law relied upon. The case of the petitionershall be followed by the counter-case of the respondent. The petitionermay submit a reply to the counter-case of the respondent and therespondent may submit a rejoinder. Additional pleadings shall be submittedonly if the tribunal determines they are necessary.

　　（6） The tribunal shall hear and determine counter-claims arisingdirectly out of the subject matter of the dispute， if the counter-claimsare within its competence as defined in Article 31 of the Convention andArticle

XVI of the Operating Agreement.

　　（7） If the disputants reach an agreement during the proceedings， theagreement shall be recorded in the form of a decision of the tribunalgiven by consent of the disputants.

　　（8） At any time during the proceedings， the tribunal may terminate theproceedings if it decides the dispute is beyond its competence as definedin Article 31 of the Convention or Article XVI of the Operating Agreement.

　　（9） The deliberations of the tribunal shall be secret.

　　（10） The decisions of the tribunal shall be presented in writing andshall be supported by a written opinion. Its rulings and decisions must besupported by at least two members. A member dissenting from the decisionmay submit a separate written opinion.

　　（11） The tribunal shall forward its decision to the Directorate， whichshall distribute it to all Parties and Signatories.

　　（12） The tribunal may adopt additional rules of procedure， consistentwith those established by this Annex， which are appropriate for theproceedings.

　　ARTICLE 6

　　If one side fails to present its case， the other side may call uponthe tribunal to give a decision on the basis of its presentation. Beforegiving its decision， the tribunal shall satisfy itself that it hascompetence and that the case is well-founded in fact and in law.

　　ARTICLE 7

　　（1） Any Party whose Signatory is a disputant shall have the right tointervene and become an additional disputant. Intervention shall be madeby written notification to the tribunal and to the other disputants.

　　（2） Any other Party， any Signatory or the Organization may apply tothe tribunal for permission to intervene and become an additionaldisputant. The tribunal shall grant permission if it determines that theapplicant has a substantial interest in the case.

　　ARTICLE 8

　　The tribunal may appoint experts to assist it at the request of adisputant or on its own initiative.

　　ARTICLE 9

　　Each Party， each Signatory and the Organization shall provide allinformation which the tribunal， at the request of a disputant or on itsown initiative， determines to be required for the handling anddetermination of the dispute.

　　ARTICLE 10

　　Pending the final decision， the tribunal may indicate any provisionalmeasures which it considers ought to be taken to preserve the respectiverights of the disputants.

　　ARTICLE 11

　　（1） The decision of the tribunal shall be in accordance withinternational law and be based on：

　　（a） The Convention and the Operating Agreement.

　　（b） Generally accepted principles of law.

　　（2） The decision of the tribunal， including any reached by agreementof the disputant pursuant to Article 5（7）， shall be binding on all thedisputants， and shall be carried out by them in good faith. If theOrganization is a disputant， and the tribunal decides that a decision ofany organ of the Organization is null and void as not being authorized byor in compliance with the Convention and the Operating Agreement， thedecision of the tribunal shall be binding on all Parties and Signatories.

　　（3） If a dispute arises as to the meaning or scope of its decision，the tribunal shall construe it at the request of any disputant.

　　ARTICLE 12

　　Unless the tribunal determines otherwise because of the particularcircumstances of the case， the expenses of the tribunal， including theremuneration of the members of the tribunal， shall be borne in equalshares by each side. Where a side consists of more than one disputant， thetribunal shall apportion the share of that side among the disputants onthat side. Where the Organization is a disputant， its expenses associatedwith the arbitration shall be regarded as an administrative cost of theOrganization

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