The Social Security (Contributions and Industrial Injuries) (Canada) Order 1998

Article 12 Resolution of Disagreements

(1) The competent authorities of the Parties shall make all reasonable efforts to resolve through agreement between them any disagreement about the interpretation or application of this Convention.

(2) If any disagreement cannot be resolved as in paragraph (1) it shall be submitted, at the request of the competent authority of either Party, to an arbitration tribunal which shall be constituted in the following manner:—

(a) each Party shall appoint an arbitrator within one month from receipt of the demand for arbitration. The two arbitrators shall appoint a third arbitrator, who shall not be a national or citizen, as the case may be, of either Party, within two months from the date on which the Party which was the last to appoint its arbitrator has notified the other Party of the appointment;

(b) if within the prescribed period either Party should fail to appoint an arbitrator, the other Party may request the President of the International Court of Justice or, in the event of his or her having the nationality or citizenship, as the case may be, of one of the Parties, the Vice-President or next senior judge of that Court not having the nationality or citizenship, as the case may be, of either Party, to make the appointment. A similar procedure shall be adopted at the request of either Party if the two arbitrators cannot agree on the appointment of the third arbitrator.

(3) The decision of the arbitration tribunal, which shall be binding on both Parties, shall be by majority vote. The arbitration tribunal shall determine its own rules of procedure, and its costs shall be borne by the two Parties.