SPECIAL AGREEMENT Opened for signatures at Washington, Aug. 20, 1964 Signatory (Government or communications entity) Date of signature Date of entry into force Ministry of Posts, Telecommunications, Public Works, and Transportation of Algeria. Secretaría de Estado de Comunicaciones (Argentina). Bundesministerium für Verkehr und Elektrizitätswirtschaft, General direktion für die Post und Telegraphenverwaltung (Austria). Permanent Secretary in charge of Ministry of Posts and Telecommunica tions of Ceylon. Government of Chile 1. Feb. 19, 1965 May 18, 1965 Directorate General of Telecommunications of the Republic of China. Greek Ministry of Communications, Directorate General of Telecommunications. Director-General, Telecommunications Department of the Government of Administração Geral dos Correios, Telégrafos e Telefones (Portugal). Telecommunications Department of the Government of Singapore. Department of Posts and Telegraphs of the Republic of South Africa.. June 30, 1965 Feb. 8, 1965 Aug. 31, 1964 Aug. 20, 1964 Aug. 20, 1964 Department of Posts and Telegraphs of the Government of the Republic of the Sudan. 1 By a note dated May 11, 1965, the Government of Chile requested that the special agreement be considered as having been signed by the Empresa Nacional de Telecomunicaciones S.A. (National Telecommunications Co., Inc.). The Charge d'Affaires ad interim of Libya informed the Secretary of State by a note dated Dec. 27, 1965, that "the accession by the Government of Libya to the Agreement Establishing Interim Arrangements for a Global Commercial Communication System and the related agreements should not be construed as implying recognition by the Kingdom of Libya of the Israeli authorities in the occupied part of Palestine." Ministry of Posts, Telecommunications, Public Works and Transportation Aug. 2, 19661 Secretaría de Estado de Comunicaciones (Argentina). June 7, 1965 tion für die Post und Telegraphenverwaltung (Austria). Régie des Télégraphes et Téléphones (Belgium). National Telecommunications Council (Brazil) Canadian Overseas Telecommunication Corporation. Permanent Secretary in charge of Ministry of Posts and Telecommunications of Ceylon. Empresa Nacional de Telecomunicaciones S.A. (Chile). Directorate General of Telecommunications of the Republic of China. Government of Colombia. Government of the French Republic Deutsche Bundespost (Federal Republic of Germany). Greek Ministry of Communications, Directorate General of Telecommu nications Government of India.... Dewan Telekomunikasi (Indonesia). Ministry of Communications of Iraq 2. An Roinn Poist Agus Telegrafa (Ireland). Ministry of Posts State of Israel. Societá Telespazio (Italy). Kokusai Denshin Denwa Company, Ltd. (Japan). Ministry of Communications of the Hashemite Kingdom of Jordan.. Ministry of Post, Telegraphs, and Telephones of Kuwait'. Government of Lebanon.. Government of the Kingdom of Libya 3. Principality of Liechtenstein.. of Malaysia. Director-General, Telecommunications Department of the Government. Government of the Principality of Monaco. Ministry of Post, Telegraph and Telephone of Morocco.. Government of the Kingdom of the Netherlands.. Postmaster-General of New Zealand.. National Republic of Nigeria.. Telegrafstyret (Norway). Government of Pakistan. Administração Geral dos Correios, Telégrafos e Telefones (Portugal). Telecommunications Department of the Government of Singapore.. Department of Posts and Telegraphs of the Republic of South Africa.. Department of Posts and Telegraphs of the Government of the Republic of Aug. 30, 1965 Oct. 27, 1965 June 4, 1965 do.. do.. do. June 22, 1965 Aug. 10, 1966 June 4, 1965 do.. July 29, 1966 Apr. 7,1966 June 22, 1966 June 4, 1965 June 9, 1965 Aug. 30, 1966 June 7, 1965 Sept. 1, 1965 June 3, 1966 June 15, 1965 June 4, 1965 June 4, 1965 Aug. 1, 19667 do. Opened for signature at Washington June 4, 1965-Continued 1 The Ambassador of Algeria informed the Secretary of State by a note dated Aug. 2, 1966, in reference to his signature of the Supplementary Agreement on Arbitration that "while signing the above-mentioned Agreement, this signature shall not be construed as implying political recognition of 'Israel'." 2 The Embassy of Iraq informed the Department of State by a note dated Mar. 1, 1966, in reference to the signature by the Ambassador of Iraq of the Agreement Establishing Interim Arrangements for a Global Commercial Communications Satellite System and the Supplementary Agreement on Arbitration on Feb. 17, 1965, and Oct. 27, 1965, respectively, that "while adhering to the above-mentioned agreements, the Embassy declares that these shall not be construed as implying political recognition of 'Israel'.' 3 The Ambassador of Israel informed the Secretary of State by a note dated Mar. 9, 1966, in reference to the declaration made by the Ambassador of Saudi Arabia in his note of Nov. 26, 1965, that "The Government of Israel will, insofar as concerns the substance of the matter, adopt toward the Kingdom of Saudi Arabia an attitude of complete reciprocity." At the time of signing the agreement the Chargé d'Affaires ad interim of Kuwait notified the Department of State of the following "Understanding": "In signing the Supplementary Agreement on Arbitration, the Government of the State of Kuwait takes the view that its signature of the said agreement does not in any way imply its recognition of Israel. "The Government of the State of Kuwait wishes further to indicate that its understanding described above is in conformity with the general practice of the State of Kuwait regarding signature, ratification or accession to an agreement of which a country not recognized by the State of Kuwait is a party." 5 The Chargé d'Affaires ad interim of Libya informed the Secretary of State by a note dated Dec. 27, 1965, that "the accession by the Government of Libya to the Agreement Establishing Interim Arrangements for a Global Commercial Communication System and the related agreements should not be construed as implying recognition by the Kingdom of Libya of the Israeli authorities in the occupied part of Palestine." The Embassy of Saudi Arabia informed the Department of State by a note dated Nov. 26, 1965, in reference to the signature of the supplementary agreement by the Ambassador of Saudi Arabia on Sept. 1, 1965, that "while adhering to the above-mentioned agreement, the Embassy declares that this shall not be construed as implying political recognition of the Government of Israel." 7 The Embassy of Tunisia informed the Secretary of State by a note dated Aug. 1, 1966, in reference to the signature of the Supplementary Agreement on Arbitration related to the Agreement Establishing Interim Arrangements for a Global Commercial Communications Satellite System, that "while adhering to the above-mentioned agreements, the Embassy declares that these shall not be construed as implying political recognition of 'Israel'." SUPPLEMENTARY AGREEMENT ON ARBITRATION Opened for signature at Washington on June 4, 1965 (The agreement has parallel English and French texts. The English text alone is printed below.) Whereas Article 14 of the Special Agreement signed pursuant to Article II of the Agreement Establishing Interim Arrangements for a Global Commercial Communications Satellite System opened for signature on 20 August, 1964, at Washington provides for arrangements to be made by a Supplementary Agreementy whereby legal disputes may, if not otherwise settled, be submitted to the decision of an impartial tribunal; It is hereby agreed as follows: ARTICLE 1 In this Supplementary Agreement: (a) "The Agreement" means the Agreement Establishing Interim Arrangements for a Global Commercial Communications Satellite System opened for signature on 20 August, 1964, at Washington; (b) "The Special Agreement" means the Special Agreement signed pursuant to Article II of the Agreement; (c) "The Committee" means the Interim Communications Satellite Committee established by Article IV of the Agreement; (d) "Signatory" means, as in the Special Agreement, a Government or Communications entity which has signed the Special Agreement and in respect of which it is in force. ARTICLE 2 (a) An arbitral tribunal constituted under this Supplementary Agreement is competent to give a decision in any legal dispute over the following matter: whether an action or a failure to act by the Committee or by any signatory or signatories is authorized by or is in compliance with the Agreement and the Special Agreement. (b) An arbitral tribunal constituted in accordance with this Supplementary Agreement shall also be competent to give a decision on any legal dispute arising in connection with any other agreement relating to the arrangements established by the Agreement and the Special Agreement where the signatories which are parties to that other agreement have agreed to confer such a competence. A tribunal in exercising such competence shall act in accordance with the agreement which confers competence on it. (c) Only the following may be parties in arbitration proceedings instituted under this Supplementary Agreement: (i) Any signatory, (ii) The Committee. ARTICLE 3 (a) Within 30 days of the entry into force of this Supplementary Agreement and every two years thereafter, each signatory shall submit to the Committee the name of a legal expert of generally recognized ability who will be available for the succeeding two years to serve as president of tribunals constituted under this Supplementary Agreement. From such nominees the Committee shall appoint seven individuals to a panel from which presidents of tribunals shall be selected. (b) The members of the panel shall be appointed by the unanimous agreement of the members of the Committee or, if not so appointed within three months from the entry into force of this Supplementary Agreement and every two years thereafter, by a decision of the Committee taken in the same manner mentioned in Article V (c) of the Agreement in respect of the matters listed in sub-paragraphs (i) to (xiv) of that paragraph. The members of the panel shall be appointed for a term of two years, and may be reappointed. (c) For the purpose of designating a chairman, the panel shall be convened to meet by the chairman of the Committee as soon as possible after the panel has been appointed. The quorum for a meeting of the panel shall be six members. After discussion among its members, the panel shall designate one of its members as its chairman by a decision taken by the affirmative votes of at least four members, cast in one or, if necessary, more than one secret ballot. The chairman so designated shall hold office as chairman for the rest of his period of office as a member of the panel. The cost of the meeting of the panel shall form part of the costs to be shared by the signatories in accordance with the Special Agreement. (d) Vacancies on the panel shall be filled by appointment made by the unanimous agreement of the members of the Committee. If the vacancy is not so filled within two months of the date when it arises, the appointment shall be made by decision of the Committee taken in the same manner mentioned in Article V (c) of the Agreement in respect of the matters listed in sub-paragraphs (i) to (xiv) of that paragraph. Vacancies in the office of the chairman of the panel shall be filled by the panel by designation of one of its members in accordance with the procedure set out in paragraph (c) of this Article. A member of the panel appointed to replace a member or designated to replace a chairman whose term of office has not expired shall hold office for the remainder of his predecessor's term. (e) In appointing the members of the panel the Committee shall seek to ensure that its composition is drawn from the various principal legal systems as they are represented among the signatories. ARTICLE 4 (a) The party wishing to submit a legal dispute to arbitration shall provide each party and the Committee with a document which contains the following items: (i) A list of the parties against which the case is brought; (ii) A statement which fully describes the dispute being submitted for arbitration, the reasons why each party is required to particiate in the arbitration, and the relief being requested; (iii) A statement which sets forth why the subject matter of the dispute comes within the jurisdiction of a tribunal to be constituted under this Supplementary Agreement, and why the relief being requested can be granted by such tribunal if it finds in the petitioner's favor; (iv) A statement explaining why the petitioner has been unable to achieve a settlement of the dispute by negotiation or other means short of arbitration; (v) The name of the individual designated by the petitioner to serve as a member of the tribunal. (b) Within 21 days from the date copies of the document described in paragraph (a) of this Article have been received by all the parties against which the case is brought, the respondents' side shall designate an individual to serve as a member of the tribunal. (c) In the event of failure by the respondents' side to make such a designation, the chairman of the panel within ten days following a request by the applicant's side which shall not be made before the expiration of the 21 day period aforesaid, shall make a designation from among the experts whose names were submitted to the Committee pursuant to Article 3(a) of this Supplementary Agreement. (d) Within 15 days after such designation the two members of the tribunal shall agree on a third individual selected from the panel constituted in accordance with Article 3 of this Supplementary Agreement, who shall serve as the president of the tribunal. In the event of failure to reach agreement within such period of time, the chairman of the panel, within ten days after a request from one of the sides, shall designate a member of the panel other than himself to serve as president of the tribunal. (e) The tribunal shall commence its function as soon as the president is selected. (f) Should a vacancy occur in the tribunal for reasons which the president or the remaining members of the tribunal decide are beyond the control of the parties, or are compatible with the proper conduct of the arbitration proceedings, the vacancy shall be filled in accordance with the following provisions: (i) Should the vacancy occur as a result of the withdrawal of a member appointed by a side to the dispute, then that side shall select a replacement within ten days after the vacancy occurs. (ii) Should the vacancy occur as a result of the withdrawal of the president of the tribunal or of another member of the tribunal appointed by the chairman, a replacement shall be selected from the panel in the manner described in paragraph (d) or (c) respectively of this Article. (g) Except as prescribed in this Article, vacancies occuring in the tribunal shall not be filled. (h) If a vacancy is not filled, the remaining members of the tribunal shall have the power, upon the request of one side, to continue the proceedings and give the tribunal's final decision. ARTICLE 5 (a) The time and place of the sittings of the tribunal shall be determined by the tribunal. (b) The proceedings shall be held in private and all material presented to the tribunal shall be treated as confidential, except that the parties to the Agreement whose designated signatories are parties to the dispute shall have the right to be present and shall have access to material presented. When the Committee is a party to the proceedings, all parties to the Agreement and all signatories shall have the right to be present and shall have access to material presented, except where the tribunal shall in exceptional circumstances decide otherwise. (c) The proceedings shall commence with the presentation of the petitioner's case containing its arguments, related facts supported by evidence and the principles of law relied upon. The petitioner's case shall be followed by the respondent's counter-case. The petitioner may submit a reply to the respondent's |