ARTICLE 19
Arbitration
I . Any dispute relating to the application or interpretation of this Agreement, other than issues
arising under Article 20 or under Annex 2, that is not resolved by a meeting of the Joint Committee
may be referred to a person or body for decision by agreement of the Parties . If the Parties do not
so agree, the dispute shall, at the request of either Party, be submitted to arbitration in accordance
with the procedures set forth below.
2 . Unless the Parties otherwise agree, arbitration shall be by a tribunal of three arbitrators to be
constituted as follows :
(a) Within 20 days after the receipt of a request for arbitration, each Party shall name one
arbitrator . Within 45 days after these two arbitrators have been named, they shall by
agreement appoint a third arbitrator, who shall act as President of the tribunal .
(b) If either Party fails to name an arbitrator, or if the third arbitrator is not appointed in
accordance with subparagraph (a) of this paragraph, either Party may request the President of
the Council of the International Civil Aviation Organization to appoint the necessary
arbitrator or arbitrators within 30 days of receipt of that request . If the President of the
Council of the International Civil Aviation Organization is a national of either the
United States or a Member State, the most senior Vice President of that Council who is not
disqualified on that ground shall make the appointment .
3 . Except as otherwise agreed, the tribunal shall determine the limits of its jurisdiction in
accordance with this Agreement and shall establish its own procedural rules . At the request of a
Party, the tribunal, once formed, may ask the other Party to implement interim relief measures
pending the tribunal's final determination . At the direction of the tribunal or at the request of either
Party, a conference shall be held not later than 15 days after the tribunal is fully constituted for the
tribunal to determine the precise issues to be arbitrated and the specific procedures to be followed .
4 . Except as otherwise agreed or as directed by the tribunal :
(a) The statement of claim shall be submitted within 30 days of the time the tribunal is fully
constituted, and the statement of defense shall be submitted 40 days thereafter . Any reply by
the claimant shall be submitted within 15 days of the submission of the statement of defense .
Any reply by the respondent shall be submitted within 15 days thereafter.
(b) The tribunal shall hold a hearing at the request of either Party, or may hold a hearing on its
own initiative, within 15 days after the last reply is filed .
5 . The tribunal shall attempt to render a written decision within 30 days after completion of the
hearing or, if no hearing is held, within 30 days after the last reply is submitted . The decision of the
majority of the tribunal shall prevail .
6 . The Parties may submit requests for clarification of the decision within 10 days after it is
rendered and any clarification given shall be issued within 15 days of such request.
7 . If the tribunal determines that there has been a violation of this Agreement and the responsible
Party does not cure the violation, or does not reach agreement with the other Party on a mutually
satisfactory resolution within 40 days after notification of the tribunal's decision, the other Party
may suspend the application of comparable benefits arising under this Agreement until such time as
the Parties have reached agreement on a resolution of the dispute . Nothing in this paragraph shall
be construed as limiting the right of either Party to take proportional measures in accordance with
international law .
