Proceedings before the special chambers mentioned in article 15 of the Statute shall, subject to the provisions of the Convention, the Statute and these Rules relating specifically to the special chambers, be governed by the Rules applicable in contentious cases before the Tribunal.
1. When it is desired that a case should be dealt with by one of the chambers which has been formed in accordance with article 15, paragraphs 1 or 3, of the Statute, a request to this effect shall either be made in the document instituting the proceedings or accompany it. Effect shall be given to the request if the parties are in agreement.
2. Upon receipt by the Registry of this request, the President of the Tribunal shall communicate it to the members of the chamber concerned.
3. Effect shall be given to a request that a case be brought before a chamber to be formed in accordance with article 15, paragraph 2, of the Statute as soon as the chamber has been formed in accordance with article 30 of these Rules.
4. The President of the Tribunal shall convene the chamber at the earliest date compatible with the requirements of the procedure.
1. Written proceedings in a case before a chamber shall consist of a single pleading by each party. The time-limits concerning the filing of written pleadings shall be fixed by the chamber, or its President if the chamber is not sitting.
2. The chamber may authorize or direct the filing of further pleadings if the parties are so agreed, or if the chamber decides, proprio motu or at the request of one of the parties, that such pleadings are necessary.
3. Oral proceedings shall take place unless the parties agree to dispense with them and the chamber consents. Even when no oral proceedings take place, the chamber may call upon the parties to supply information or furnish explanations orally.
1. An application for the release of a vessel or its crew from detention may be made in accordance with article 292 of the Convention by or on behalf of the flag State of the vessel.
2. A State Party may at any time notify the Tribunal of:
(a) the State authorities competent to authorize persons to make applications on its behalf under article 292 of the Convention;
(b) the name and address of any person who is authorized to make an application on its behalf;
(c) the office designated to receive notice of an application for the release of a vessel or its crew and the most expeditious means for delivery of documents to that office;
(d) any clarification, modification or withdrawal of such notification.
3. An application on behalf of a flag State shall be accompanied by an authorization under paragraph 2, if such authorization has not been previously submitted to the Tribunal, as well as by documents stating that the person submitting the application is the person named in the authorization. It shall also contain a certification that a copy of the application and all supporting documentation has been delivered to the flag State.
1. The application shall contain a succinct statement of the facts and legal grounds upon which the application is based.
2. The statement of facts shall:
(a) specify the time and place of detention of the vessel and the present location of the vessel and crew, if known;
(b) contain relevant information concerning the vessel and crew including, where appropriate, the name, flag and the port or place of registration of the vessel and its tonnage, cargo capacity and data relevant to the determination of its value, the name and address of the vessel owner and operator and particulars regarding its crew;
(c) specify the amount, nature and terms of the bond or other financial security that may have been imposed by the detaining State and the extent to which such requirements have been complied with;
(d) contain any further information the applicant considers relevant to the determination of the amount of a reasonable bond or other financial security and to any other issue in the proceedings.
3. Supporting documents shall be annexed to the application.
4. A certified copy of the application shall forthwith be transmitted by the Registrar to the detaining State which may submit a statement in response with supporting documents annexed, to be filed no later than 24 hours before the hearing referred to in article 112, paragraph 3.
5. The Tribunal may, at any time, require further information to be provided in a supplementary statement.
6. The further proceedings relating to the application shall be oral.
1. The Tribunal shall give priority to applications for release of vessels or crews over all other proceedings before the Tribunal. However, if the Tribunal is seized of an application for release of a vessel or crew and of a request for the prescription of provisional measures, it shall take the necessary measures to ensure that both the application and the request are dealt with without delay.
2. If the applicant has so requested in the application, the application shall be dealt with by the Chamber of Summary Procedure, provided that, within five days of the receipt of notice of the application the detaining State notifies the Tribunal that it concurs with the request.
3. The Tribunal, or the President if the Tribunal is not sitting, shall fix the earliest possible date, but not exceeding ten days from the date of receipt of the application, for a hearing at which each of the parties shall be accorded, unless otherwise decided, one day to present its evidence and arguments.
4. The decision of the Tribunal shall be in the form of a judgment. The judgment shall be adopted as soon as possible and shall be read at a public sitting of the Tribunal to be held not later than ten days after the closure of the hearing. The parties shall be notified of the date of the sitting.
1. The Tribunal shall in its judgment determine in each case in accordance with article 292 of the Convention whether or not the allegation made by the applicant that the detaining State has not complied with a provision of the Convention for the prompt release of the vessel or the crew upon the posting of a reasonable bond or other financial security is well-founded.
2. If the Tribunal decides that the allegation is well-founded, it shall determine the amount, nature and form of the bond or financial security to be posted for the release of the vessel or the crew.
3. The bond or other financial security for the release of the vessel or the crew shall be posted with the detaining State unless the parties agree otherwise. The Tribunal shall give effect to any agreement between the parties as to where and how the bond or other financial security for the release of the vessel or crew should be posted.
1. If the bond or other financial security has been posted with the Tribunal, the Registrar shall promptly inform the detaining State thereof.
2. The Registrar shall endorse or transmit the bond or other financial security to the detaining State to the extent that it is required to satisfy the final judgment, award or decision of the competent authority of the detaining State.
3. The bond or other financial security, to the extent that it is not required to satisfy the judgment, award or decision, shall be endorsed or transmitted to the flag State.
Proceedings in contentious cases before the Seabed Disputes Chamber and its ad hoc chambers shall, subject to the provisions of the Convention, the Statute and these Rules relating specifically to the Seabed Disputes Chamber and its ad hoc chambers, be governed by the Rules applicable in contentious cases before the Tribunal.
Articles 117 to 121 apply to proceedings in all disputes before the Chamber with the exception of disputes exclusively between States Parties and between States Parties and the Authority.
When proceedings before the Chamber are instituted by means of an application, the application shall indicate:
(a) the name of the applicant and, where the applicant is a natural or juridical person, the permanent residence or address or registered office address thereof;
(b) the name of the respondent and, where the respondent is a natural or juridical person, the permanent residence or address or registered office address thereof;
(c) the sponsoring State, in any case where the applicant is a natural or juridical person or a State enterprise;
(d) the sponsoring State of the respondent, in any case where the party against which the claim is brought is a natural or juridical person or State enterprise;
(e) an address for service at the seat of the Tribunal;
(f) the subject of the dispute and the legal grounds on which jurisdiction is said to be based; the precise nature of the claim, together with a statement of the facts and legal grounds on which the claim is based;
(g) the decision or measure sought by the applicant;
(h) the evidence on which the application is founded.
1. The application shall be served on the respondent. The application shall also be served on the sponsoring State in any case where the applicant or respondent is a natural or juridical person or a State enterprise.
2. Within two months after service of the application, the respondent shall lodge a defence, stating:
(a) the name of the respondent and, where the respondent is a natural or juridical person, the permanent residence or address or registered office address thereof;
(b) an address for service at the seat of the Tribunal;
(c) the matters in issue between the parties and the facts and legal grounds on which the defence is based;
(d) the decision or measure sought by the respondent;
(e) the evidence on which the defence is founded.
3. At the request of the respondent, the President of the Chamber may extend the time-limit referred to in paragraph 2, if satisfied that there is adequate justification for the request.
1. Within two months after service of the application in accordance with article 118, paragraph 1, where the respondent is a State Party in a case brought by a natural or juridical person sponsored by another State Party in a dispute referred to in article 187, subparagraph (c), of the Convention, the respondent State may make an application in accordance with article 190, paragraph 2, of the Convention for the sponsoring State of the applicant to appear in the proceedings on behalf of the applicant.
2. Notice of an application under paragraph 1 shall be communicated to the applicant and its sponsoring State. If, within a time-limit fixed by the President of the Chamber, the sponsoring State does not indicate it will appear in the proceedings on behalf of the applicant, the respondent State may designate a juridical person of its nationality to represent it.
3. Within two months after service of the application in accordance with article 118, paragraph 1, on the sponsoring State of a party, such State may give written notice of its intention to submit written or oral statements in accordance with article 190, paragraph 1, of the Convention.
4. Upon receipt of such a notice, the President of the Chamber shall fix the time-limit within which the sponsoring State may submit its written statements. The sponsoring State shall be notified of such time-limit. It shall also be notified of the date of the hearing. The written statements shall be communicated to the parties and to any other sponsoring State of a party.
5. At the request of the respondent or a sponsoring State, the President of the Chamber may extend a time-limit referred to in this article, if satisfied that there is adequate justification for the request.
1. When proceedings are brought before the Chamber by the notification of a special agreement, the notification shall indicate:
(a) the parties to the case and any sponsoring States of the parties;
(b) the subject of the dispute and the precise nature of the claims of the parties, together with a statement of the facts and legal grounds on which the claims are based;
(c) the decisions or measures sought by the parties;
(d) the evidence on which the claims are founded.
2. The notification shall also provide information regarding participation and appearance in the proceedings by sponsoring States Parties in accordance with article 190 of the Convention.
1. The Chamber may authorize or direct the filing of further pleadings if the parties are so agreed or the Chamber decides, proprio motu or at the request of a party, that these pleadings are necessary.
2. The President of the Chamber shall fix the time-limits within which these pleadings are to be filed.
Proceedings by the Council on behalf of the Authority under article 185, paragraph 2, of the Convention shall be instituted by means of an application in accordance with article 162, paragraph 2 (u), of the Convention. The application shall be accompanied by a certified copy of the decision or resolution of the Council upon which it is based and the full records of all discussions within the Authority on the matter.
1. When a commercial arbitral tribunal, pursuant to article 188, paragraph 2, of the Convention, refers to the Chamber a question of interpretation of Part XI of the Convention and the annexes relating thereto upon which its decision depends, the document submitting the question to the Chamber shall contain a precise statement of the question and be accompanied by all relevant information and documents.
2. Upon receipt of the document, the President of the Chamber shall fix a time-limit not exceeding three months within which the parties to the proceedings before the arbitral tribunal and the States Parties may submit their written observations on the question. The parties to the proceedings and the States Parties shall be notified of the time-limit. The States Parties shall be informed of the contents of the submission.
3. The President of the Chamber shall fix a date for a hearing if, within one month from the expiration of the time-limit for submitting written observations, a party to the proceedings before the arbitral tribunal or a State Party gives written notice of its intention to submit oral observations.
4. The Chamber shall give its ruling in the form of a judgment.
1. When the Tribunal has completed its deliberations and adopted its judgment, the parties shall be notified of the date on which it will be read.
2. The judgment shall be read at a public sitting of the Tribunal and shall become binding on the parties on the day of the reading.
1. The judgment, which shall state whether it is given by the Tribunal or by a chamber, shall contain:
(a) the date on which it is read;
(b) the names of the judges participating in it;
(c) the names of the parties;
(d) the names of the agents, counsel and advocates of the parties;
(e) the names of the experts, if any, appointed under article 289 of the Convention;
(f) a summary of the proceedings;
(g) the submissions of the parties;
(h) a statement of the facts;
(i) the reasons of law on which it is based;
(j) the operative provisions of the judgment;
(k) the decision, if any, in regard to costs;
(l) the number and names of the judges constituting the majority and those constituting the minority, on each operative provision;
(m) a statement as to the text of the judgment which is authoritative.
2. Any judge may attach a separate or dissenting opinion to the judgment; a judge may record concurrence or dissent without stating reasons in the form of a declaration. The same applies to orders.
3. One copy of the judgment, signed by the President and by the Registrar and sealed, shall be placed in the archives of the Tribunal and other copies shall be transmitted to each party. Copies shall be sent to: (a) States Parties; (b) the Secretary-General of the United Nations; (c) the Secretary-General of the Authority; (d) in a case submitted under an agreement other than the Convention, the parties to such agreement.
1. In the event of dispute as to the meaning or scope of a judgment, any party may make a request for its interpretation.
2. A request for the interpretation of a judgment may be made either by an application or by the notification of a special agreement to that effect between the parties; the precise point or points in dispute as to the meaning or scope of the judgement shall be indicated.
3. If the request for interpretation is made by an application, the requesting party's contentions shall be set out therein, and the other party shall be entitled to file written observations thereon within a time-limit fixed by the Tribunal or by the President if the Tribunal is not sitting.
4. Whether the request is made by an application or by notification of a special agreement, the Tribunal may, if necessary, afford the parties the opportunity of furnishing further written or oral explanations.
1. A request for revision of a judgment may be made only when it is based upon the discovery of some fact of such a nature as to be a decisive factor, which fact was, when the judgment was given, unknown to the Tribunal and also to the party requesting revision, always provided that such ignorance was not due to negligence. Such request must be made at the latest within six months of the discovery of the new fact and before the lapse of ten years from the date of the judgment.
2. The proceedings for revision shall be opened by a decision of the Tribunal in the form of a judgment expressly recording the existence of the new fact, recognizing that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.
1. A request for the revision of a judgment shall be made by an application containing the particulars necessary to show that the conditions specified in article 127, paragraph 1, are fulfilled. Any document in support of the application shall be annexed to it.
2. The other party shall be entitled to file written observations on the admissibility of the application within a time-limit fixed by the Tribunal or by the President if the Tribunal is not sitting. These observations shall be communicated to the party making the application.
3. The Tribunal, before giving its judgment on the admissibility of the application, may afford the parties a further opportunity of presenting their views thereon.
4. If the Tribunal decides to make the admission of the proceedings in revision conditional on previous compliance with the judgment, it shall make an order accordingly.
5. If the Tribunal finds that the application is admissible it shall fix time-limits for such further proceedings on the merits of the application as, after ascertaining the views of the parties, it considers necessary.
1. If the judgment to be revised or to be interpreted was given by the Tribunal, the request for its revision or interpretation shall be dealt with by the Tribunal.
2. If the judgment was given by a chamber, the request for its revision or interpretation shall, if possible, be dealt with by that chamber. If that is not possible, the request shall be dealt with by a chamber composed in conformity with the relevant provisions of the Statute and these Rules. If, according to the Statute and these Rules, the composition of the chamber requires the approval of the parties which cannot be obtained within time-limits fixed by the Tribunal, the request shall be dealt with by the Tribunal.
3. The decision on a request for interpretation or revision of a judgment shall be given in the form of a judgment.
1. In the exercise of its functions relating to advisory opinions, the Seabed Disputes Chamber shall apply this section and be guided, to the extent to which it recognizes them to be applicable, by the provisions of the Statute and of these Rules applicable in contentious cases.
2. The Chamber shall consider whether the request for an advisory opinion relates to a legal question pending between two or more parties. When the Chamber so determines, article 17 of the Statute applies, as well as the provisions of these Rules concerning the application of that article.
1. A request for an advisory opinion on a legal question arising within the scope of the activities of the Assembly or the Council of the Authority shall contain a precise statement of the question. It shall be accompanied by all documents likely to throw light upon the question.
2. The documents shall be transmitted to the Chamber at the same time as the request or as soon as possible thereafter in the number of copies required by the Registry.
If the request for an advisory opinion states that the question necessitates an urgent answer the Chamber shall take all appropriate steps to accelerate the procedure.
1. The Registrar shall forthwith give notice of the request for an advisory opinion to all States Parties.
2. The Chamber, or its President if the Chamber is not sitting, shall identify the intergovernmental organizations which are likely to be able to furnish information on the question. The Registrar shall give notice of the request to such organizations.
3. States Parties and the organizations referred to in paragraph 2 shall be invited to present written statements on the question within a time-limit fixed by the Chamber or its President if the Chamber is not sitting. Such statements shall be communicated to States Parties and organizations which have made written statements. The Chamber, or its President if the Chamber is not sitting, may fix a further time-limit within which such States Parties and organizations may present written statements on the statements made.
4. The Chamber, or its President if the Chamber is not sitting, shall decide whether oral proceedings shall be held and, if so, fix the date for the opening of such proceedings. States Parties and the organizations referred to in paragraph 2 shall be invited to make oral statements at the proceedings.
The written statements and documents annexed shall be made accessible to the public as soon as possible after they have been presented to the Chamber.
1. When the Chamber has completed its deliberations and adopted its advisory opinion, the opinion shall be read at a public sitting of the Chamber.
2. The advisory opinion shall contain:
(a) the date on which it is delivered;
(b) the names of the judges participating in it;
(c) the question or questions on which the advisory opinion of the Chamber is requested;
(d) a summary of the proceedings;
(e) a statement of the facts;
(f) the reasons of law on which it is based;
(g) the reply to the question or questions put to the Chamber;
(h) the number and names of the judges constituting the majority and those constituting the minority, on each question put to the Chamber;
(i) a statement as to the text of the opinion which is authoritative.
3. Any judge may attach a separate or dissenting opinion to the advisory opinion of the Chamber; a judge may record concurrence or dissent without stating reasons in the form of a declaration.
The Registrar shall inform the Secretary-General of the Authority as to the date and the hour fixed for the public sitting to be held for the reading of the opinion. He shall also inform the States Parties and the intergovernmental organizations immediately concerned.
One copy of the advisory opinion, signed by the President and by the Registrar
and sealed, shall be placed in the archives of the Tribunal, others shall be sent to the Secretary-General of the Authority and to the Secretary-General of the United Nations. Copies shall be sent to the States Parties and the intergovernmental organizations immediately concerned.
1. The Tribunal may give an advisory opinion on a legal question if an international agreement related to the purposes of the Convention specifically provides for the submission to the Tribunal of a request for such an opinion.
2. A request for an advisory opinion shall be transmitted to the Tribunal by whatever body is authorized by or in accordance with the agreement to make the request to the Tribunal.
3. The Tribunal shall apply mutatis mutandis articles 130 to 137.