SECTION 5. SETTLEMENT OF DISPUTES AND ADVISORY OPINION
Article 187 Sea-Bed Disputes Chamber of the International Tribunal for the Law of the Sea
The establishment of the Sea-Bed Disputes Chamber and the manner in which it shall exercise its jurisdiction shall be governed by the provisions of this section, of Part XV and of Annex VI.
Article 188 Jurisdiction of the Sea-Bed Disputes Chamber
1. The Sea-Bed Disputes Chamber shall have jurisdiction under this Part in disputes with respect to activities in the Area falling within the following categories;
(a) disputes between States Parties concerning the interpretation or application of this Part of the Convention;
(b) disputes between a State party and the Authority concerning;
(i) acts or omissions of the Authority or of a State Party alleged to be in violation of this Part or of rules, regulations and procedures of the Authority adopted in accordance therewith, or;
(ii) acts of the Authority alleged to be in excess of jurisdiction or a misuse of power;
(c) disputes between parties to a joint-venture agreement or other contract, being States Parties, Signatories, or the Authority or any of its Enterprises, concerning
(i) the interpretation or application of a relevant agreement, contract or plan of work; or
(ii) acts or omissions of a party to the agreement or contract relating to activities in the Area and directed to either party or directly affecting its legitimate interests;
(d) any other disputes for which the jurisdiction of the Chamber is specifically provided in this Convention.
2. Disputes arising from the interpretation or application of joint-venture agreements between the Authority and States Parties or Signatories covering areas under national jurisdiction shall be settled in accordance with the terms of the joint-venture agreement and with Part XV of the Convention.
Article 189 Submission of disputes to a special chamber of the International Tribunal for the Law of the Sea or an ad hoc chamber of the Sea-Bed Dispute Chamber or to binding commercial arbitration
1. Disputes between States parties referred to in article 188, subparagraph (a), may be submitted
(a) at the request of the parties to the dispute, to a special chamber of the International Tribunal for the Law of the Sea to be formed in accordance with Annex VI, articles 15 and 17; or
(b) at the request of any party to the dispute, to an ad hoc chamber of the Sea-Bed Disputes Chamber to be formed in accordance with Annex VI, article 36.
2.
(a) Disputes concerning the interpretation or application of a joint-venture agreement referred to in article 188 paragraph 1(c) or paragraph 2 shall be submitted, at the request of any party to the dispute, to binding commercial arbitration, unless the parties otherwise agree. A commercial arbitral tribunal to which the dispute is submitted shall have no jurisdiction to decide any question of interpretation of this Convention. When the dispute also involves a question of the interpretation of Part XI. with regard to activities in the Area, that question shall be referred to the Sea-Bed Disputes Chamber for a ruling.
(b) If, at the commencement of or in the course of such arbitration, the arbitral tribunal determines, either at the request of any party to the dispute or proprio motu, that its decision depends upon a ruling of the Sea-Bed Disputes Chamber, the arbitral tribunal shall refer such question to the Sea-Bed Disputes Chamber for such ruling. The arbitral tribunal shall then proceed to render its award in conformity with the ruling of the Sea-Bed Disputes Chamber.
(c) In the absence of a provision in the agreement or contract on the arbitration procedure to be applied in the dispute, the arbitration shall be conducted in accordance with the UNCITRAL Arbitration Rules or such other arbitration rules as may be prescribed in the rules, regulations and procedures of the Authority, unless the parties to the dispute otherwise agree.
Article 190 Limitation on jurisdiction with regard to decisions of the Authority
The Sea-Bed Disputes Chamber shall have no jurisdiction with regard to the exercise by the Authority of its discretionary powers in accordance with this Part; in no case shall it substitute its discretion for that of the Authority. Without prejudice to Article 192, in exercising its jurisdiction pursuant to Article 188, the Sea-Bed Disputes Chamber shall not pronounce itself on the question of whether any rules, regulations and procedures of the Authority are in conformity with this Convention, nor declare invalid any such rules, regulations and procedures. Its jurisdiction in this regard shall be confined to deciding claims that the application of any rules, regulations and procedures of the Authority in individual cases would be in conflict with the contractual obligations of the parties to the dispute or their obligations under this Convention, claims concerning excess of jurisdiction or misuse of power, and to claims for damages to be paid or other remedy to be given to the party concerned for the failure of the other party to comply with its contractual obligations or its obligations under this Convention.
Article 191 Participation and appearance of sponsoring States Parties in proceedings
1. If a Signatory is a party to a dispute referred to in article 188, the sponsoring State shall be given notice thereof and shall have the right to participate in the proceedings by submitting written or oral statements.
2. If an action is brought against a State Party by a Signatory sponsored by another State Party in a dispute referred to in article 188, subparagraph (c), the respondent State may request the State sponsoring that Signatory to appear in the proceedings on behalf of that Signatory. Failing such appearance, the respondent State may arrange to be represented by a juridical person of its nationality.
Article 192 Advisory opinions
The Sea-Bed Disputes Chamber shall give advisory opinions at the request of the Assembly or the Council on legal questions arising within the scope of their activities. Such opinions shall be given as a matter of urgency.
