2.
(b)
that a State Party waives any right of immunity that it has, or may
acquire in the future, in the jurisdiction of the Territory of any
State Party in which any such proceedings are instituted;
(c)
that State Party consents, generally, to the recognition and
enforcement, in the Territory of any other State Party, of any
judgment or arbitral award against that State Party, in respect of
the proceedings contemplated in sub-paragraph (a) above;
(d)
that State Party agrees that, the United Nations Convention on
the Recognition and Enforcement of Foreign Arbitral Awards,
1958, shall govern the recognition and enforcement, against that
State Party, of the judgment or arbitral award referred to in subparagraph (c) above.
Each State Party agrees that notwithstanding the provisions of
paragraph 1 above, the waiver contemplated in paragraph 1 (b) above
shall not extend to the assets of that State Party which are protected by
diplomatic and consular privileges and immunities under the Vienna
Convention on Diplomatic Relations 1961 and the Vienna Convention
on Consular Relations 1963.
ARTICLE 13
ACTIVITIES UNDERTAKEN ON BEHALF OF STATE PARTIES
State Parties agree that DFis, through the forum of the Network, may carry out
such activities as are requested by State Parties.
ARTICLE 14
SETTLEMENT OF DISPUTES BETWEEN DFis
1.
State Parties agree that the DFis who are parties to any dispute or
difference arising from the interpretation, application or implementation
of this Annex 9 will use their best endeavours to settle such dispute or
difference through good faith negotiations, conciliation or mediation.
2.
State Parties agree that, if the dispute or difference referred to in
paragraph 1 above cannot be settled through good faith negotiations,
conciliation or mediation within three months after such dispute or
difference has arisen, the parties to such dispute or difference will
submit such dispute or difference to an arbitral tribunal in accordance
with the provisions of this Article 14.
3
The arbitral tribunal contemplated in paragraph 2 above shall be
composed of at least three arbitrators chosen from the roster of
presiding arbitrators contemplated in paragraph 9 below.
4
Each DFI which is a party to the relevant dispute or difference shall
nominate one of the arbitrators referred to in paragraph 3 to sit on the
arbitral tribunal (which arbitrator shall not be a national of that State
96
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