Arbitration

Article 28 et seq. of COTIF 1999 provides for arbitration to which disputes of an international public law or civil law nature may be referred. Such disputes may arise from the interpretation and application of this Convention – including the Protocol on the Privileges and Immunities of the Organisation – and from the application of the Appendices to the Convention.

With regard to disputes between Member States or between Member States and the Organisation (disputes under international public law), the Arbitration Tribunal can be convened at the request of one of the parties; the composition of the Arbitration Tribunal and the arbitration procedure are determined by the parties themselves.

Other disputes, if not settled amicably or brought before the ordinary tribunals may, by agreement between the parties concerned, be referred to the Arbitration Tribunal. The arbitration procedure is set down in Articles 29 to 32 of COTIF 1999. The Arbitration Tribunal's awards are final, i.e. the merits of the case may not be subject to review, and they are enforceable in the Member States.

The Secretary General establishes a panel of arbitrators and keeps it up to date. Each Member State may nominate to the panel of arbitrators two of its nationals who are specialists in international transport law.

Six Member States (Albania, Iraq, Portugal, Romania, Czech Republic, Slovak Republic) have made a reservation in accordance with Article 12 § 3 of COTIF 1980 (see COTIF 1980, Declarations and reservations). For States that have ratified COTIF 1999, this reservation also applies to COTIF 1999.