Revised Laws of Saint Lucia (2023)

ANNEX ON SETTLEMENT OF DISPUTES

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   1   The disputes mentioned in Article 18.1 of this Treaty shall be settled —

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      (a)     if all eligible parties to the dispute under Article 18.5 agree, and subject to Article 30 of the Economic Union Protocol, by recourse to any of the following modes for the settlement of disputes, namely, good offices, consultation, conciliation, arbitration and adjudication;

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      (b)     failing such agreement, by adjudication by the Court of Appeal of the Eastern Caribbean Supreme Court at the request of any such eligible party.

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   2   Where the eligible parties to a dispute agree to resort to the use of good offices —

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      (a)     they shall have recourse by agreement to such good offices of a third party, who may be an eligible party who is not a party to the dispute in question, to settle the dispute;

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      (b)     the good offices may begin at any time by agreement of the eligible parties to the dispute;

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      (c)     the good offices may be terminated at any time at the instance of any eligible party to the dispute;

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      (d)     subject to the procedural rules applicable in respect of conciliation, arbitration or adjudication, good offices may continue by agreement of the eligible parties during the course of such conciliation, arbitration or adjudication.

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   3   Consultations may be continued or reopened at any time by the agreement of the eligible parties to the dispute, but may after the expiration of the waiting period of 3 months be terminated at the instance of any eligible party to the dispute.

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   4   In relation to conciliation —

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   4.1   A list of conciliators consisting of persons enjoying the highest reputation for fairness, competence and integrity shall be maintained by the Chief Registrar.

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   4.2   Each Member State is entitled to nominate two persons to the list of conciliators.

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   4.3   Other conciliators may be added at the discretion of the Chief Justice.

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   4.4   The term of a conciliator listed by a Member State under this paragraph, including that of any conciliator nominated to fill a casual vacancy among the category of conciliators nominated by Member States, shall be 5 years and may be renewed. The term of any other conciliator shall be decided by the Chief Justice at the time of listing as a conciliator and may also be renewed.

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   4.5   A conciliator whose term expires shall continue to fulfil any function for which that conciliator shall have been chosen under the following paragraphs.

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   4.6   Appointment as a conciliator under Annex A of the Treaty of Basseterre 1981 shall continue in force until the expiry of the term under that Treaty, and all time limits on and calculations of duration of tenure of such appointment shall be governed by the Treaty of Basseterre 1981 until there are no more continuing appointments which were made under that Treaty. A renewal of an appointment is for this purpose not a continuing appointment.

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   4.7   Where the eligible parties to a dispute agree to resort to conciliation, they shall notify the Director-General, who shall subject to paragraph 5.12, bring the dispute before a Conciliation Commission constituted as follows —

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      (a)     the Member State or Member States constituting one of the parties to the dispute shall appoint —

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         (i)     one conciliator who is a citizen of that State or of one of those States and who may or may not be chosen from the list referred to in paragraph 4.1, and

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         (ii)     one conciliator who is not a citizen of that State or of any of those States and who shall be chosen from the list;

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      (b)     the Member State or Member States constituting the other party to the dispute shall appoint two conciliators in the same way. The 4 conciliators chosen by the parties shall be appointed within 30 days following the date on which the Director-General received the request;

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      (c)     the 4 conciliators shall, within 30 days following the date of the last of their own appointments, appoint a fifth conciliator chosen from the list, who shall be Chairman;

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      (d)     if the appointment of the Chairman or of any of the other conciliators has not been made within the period prescribed above for such appointment, it shall be made by the Director-General within 30 days following the expiry of that period. The appointment of the Chairman may be made by the Director-General either from the list or from the membership of the international Law Commission. Any of the periods within which appointments must be made may be extended by agreement between the parties to the dispute; and

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      (e)     any vacancy shall be filled in the manner prescribed for the initial appointment.

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   4.8   The Conciliation Commission shall decide its own procedure. The Commission, with the consent of the parties to the dispute, may invite any Member State of the Organisation to submit to it its views orally or in writing. Decisions and recommendations of the Commission shall be made by a majority vote of the five members.

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   4.9   The Commission may draw the attention of the parties to the dispute to any measures which might facilitate an amicable settlement.

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   4.10   The Commission shall hear the parties, examine the claims and objections, and make proposals to the parties with a view to reaching an amicable settlement of the dispute.

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   4.11   The Commission shall report within 6 months of its constitution. Its report shall be deposited with the Director-General and transmitted to the parties to the dispute. The report of the Commission, including any conclusions stated therein regarding the facts or questions of law, shall not be binding upon the parties.

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   4.12   The Director-General shall provide the Commission with such assistance and facilities as it may require. The expenses of the Commission shall be borne by the Organisation.

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   5   In relation to arbitration —

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   5.1   A list of persons qualified for membership of an Arbitral Tribunal (hereinafter described as “panelists”) consisting of persons chosen strictly on the basis of impartiality, reliability and sound judgment, and who shall have expertise or experience in law, international trade. other matters covered by this Treaty, or the settlement of disputes arising under international trade agreements, shall be maintained by the Chief Registrar.

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   5.2   Each Member State is entitled to nominate two persons to the list of panelists.

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   5.3   Other panelists may be added at the discretion of the Chief Justice.

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   5.4   A person may be listed as a panelist notwithstanding that the person is also at any time listed as a conciliator.

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   5.5   The term of a panelist nominated by a Member State under this paragraph, including that of any panelist nominated to fill a casual vacancy, shall be 5 years and may be renewed. The term of office of other panelists shall be decided by the Chief Justice at the time of appointment as a panelist and may also be renewed.

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   5.6   A panelist whose term expires shall continue to fulfil any function for which that panelist shall have been chosen under the following paragraphs.

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   5.7   Where the eligible parties to a dispute agree to resort to arbitration, they shall notify the Director-General, who shall subject to paragraph 5.12 bring the dispute before an Arbitral Tribunal constituted as follows:

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      (a)     each party shall appoint two members of the Tribunal from among the list of panelists;

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      (b)     the 4 panelists shall, within 30 days following the date of the last of their own appointments, appoint a fifth panelist chosen from the list, who shall be Chairman;

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      (c)     if the appointment of the Chairman or of any of the other members of the Arbitral Tribunal has not been made within the period prescribed above for such appointment, the appointment shall be made by the Director-General within 30 days following the expiry of that period. The appointment of the Chairman may be made by the Director-General either from the list or from the membership of the List of Arbitrators under the Revised Treaty of Chaguaramas;

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      (d)     any of the periods within which appointments must be made may be extended by agreement between the parties to the dispute;

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      (e)     any vacancy shall be filled in the manner prescribed for the initial appointment.

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   5.8   The notification by the parties to a dispute under paragraph 5.7 of this Annex terminates the right of any such party to have recourse to adjudication of the dispute by the Eastern Caribbean Court of Appeal.

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   5.9   The Arbitral Tribunal shall decide its own procedure.

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   5.10   The Arbitral Tribunal shall report within 6 months of its constitution. Its report shall be deposited with the Director-General and transmitted to the parties to the dispute. The report of the Tribunal, including any conclusions stated therein regarding the facts or questions of law, shall be binding upon the parties.

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   5.11   The Director-General shall provide the Tribunal with such assistance and facilities as it may require. The expenses of the Tribunal shall be borne by the Organisation.

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   5.12   Where the Organisation is a party to the dispute under Article 18.5, the functions of the Director-General under this Annex shall be exercised by the Chief Justice through the Chief Registrar.

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   6   Where an eligible party to a dispute requests adjudication by the Eastern Caribbean Court of Appeal under paragraph 1(b) of this Annex, the application shall be made to the Chief Registrar.

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   6.1   The Court shall determine its own procedure, and to this end may make Rules of Court in the Treaty Jurisdiction of the Organisation of Eastern Caribbean States.

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   6.2   The Treaty Jurisdiction of the Organisation shall be additional to the other jurisdictions of the Eastern Caribbean Supreme Court and not in substitution for any other such jurisdiction.

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   6.3   A decision of the Eastern Caribbean Court of Appeal in the Treaty Jurisdiction of the Organisation is binding on the parties to the case, and is, without prejudice to paragraphs 6.4 to 6.9, not subject to appeal.

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   6.4   The Court shall, in the exercise of the Treaty Jurisdiction of the Organisation, be competent to revise its judgment on an application made in that behalf.

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   6.5   An application for the revision of a judgment of the Court in the exercise of the Treaty Jurisdiction of the Organisation 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 Court and to the party claiming revision: provided always the ignorance of that fact was not due to negligence on the part of the applicant.

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   6.6   Proceedings for a revision shall be opened by a judgment of the Court expressly recording the existence of the new fact, recognising that it has such a character as to lay the case open to revision, and declaring the application admissible on this ground.

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   6.7   The Court may require previous compliance with the terms of the judgment before it admits proceedings for a revision.

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   6.8   The application for a revision shall be made within 6 months of the discovery of the new fact.

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   6.9   No application for a revision may be made after the lapse of 5 years from the date of the judgment.

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   7   The Eastern Caribbean Court of Appeal shall have as part of the Treaty Jurisdiction of the Organisation the jurisdiction to give an Advisory Opinion to the OECS Authority or any other Organ of the Organisation on any matter concerning the interpretation or application of this Treaty which that Organ may refer to it for advice. An Advisory Opinion shall not be binding on the Organ requesting the same or on any Member State.

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   8   The Eastern Caribbean Court of Appeal shall have as part of the Treaty Jurisdiction of the Organisation the jurisdiction to review or hear appeals from any internal body established to consider matters of dispute internal to any Organ of the Organisation.

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   9   The law to be applied to the settlement of disputes and in any jurisdiction of the Eastern Caribbean Court of Appeal under this Treaty is public international law, including the principles of public international law governing the application and interpretation of treaties.

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   10   An arbitral award or a judgment of the Eastern Caribbean Court of Appeal under this Annex may —

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      (a)     award monetary compensation to a complainant State;

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      (b)     order the party complained against to take measures to comply with that party's obligations under this Treaty;

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      (c)     declare the right of a complainant state to exercise any right of redress available under international law; and

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      (d)     in the case of a judgment of the Eastern Caribbean Court of Appeal under this Annex in a complaint against the Organisation, annul or declare void any wrongful or ultra vires act of an Organ of the Organisation.