The claimant party shall notify the respondent party that it is referring a dispute to arbitration
pursuant to article 33 of the Convention. The notification shall state the subject matter of arbitration and
include, in particular, the articles of the Convention, the interpretation or application of which are at
issue. If the parties do not agree on the subject matter of the dispute, the arbitral tribunal shall determine
the subject matter.
The arbitral tribunal shall render its decisions in accordance with the provisions of this
Convention and international law.
Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own rules
The arbitral tribunal may, at the request of one of the parties, recommend essential interim
measures of protection.
Unless the arbitral tribunal determines otherwise because of the particular circumstances of the
case, the costs of the tribunal shall be borne by the parties to the dispute in equal shares. The tribunal
shall keep a record of all its costs, and shall furnish a final statement thereof to the parties.
Any party that has an interest of a legal nature in the subject matter of the dispute which may be
affected by the decision in the case, may intervene in the proceedings with the consent of the tribunal.
The tribunal may hear and determine counterclaims arising directly out of the subject matter of
If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its
case, the other party may request the tribunal to continue the proceedings and to make its award.
Absence of a party or a failure of a party to defend its case shall not constitute a bar to the proceedings.
Before rendering its final decision, the arbitral tribunal must satisfy itself that the claim is well founded
in fact and law.