(b) If the Parties concerned cannot reach a mutual agreement to refer the dispute to a person
or body for decision, the dispute shall, at the request of any of the Parties, be submitted
to arbitration in accordance with this Article.
4.
Notwithstanding paragraphs 2 and 3 of this Article, if a Party has taken action to refuse,
revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions
of an air carrier of another Party, or to otherwise refuse, suspend, impose conditions on, or limit the
operations of an air carrier of that other Party, the dispute may be immediately referred to a person
or body for decision, or submitted to arbitration. The respective timelines stated in
paragraphs 10, 11, and 12 of this Article shall be halved.
5.
The request for arbitration shall be made in writing by one or several Parties (hereinafter
referred to collectively as "the initiating party" for the purposes of this Article) to the Party or
Parties concerned (hereinafter referred to collectively as "the responding party" for the purposes of
this Article). In its request, the initiating party shall present the issues to be resolved, describe the
measure at issue, and explain the reasons why it considers such measure to be inconsistent with this
Agreement.
6.
Unless the initiating party and the responding party otherwise agree, arbitration shall be by a
tribunal of three arbitrators to be constituted as follows:
(a) Within twenty (20) days after the date of receipt of a request for arbitration, the initiating
party and the responding party shall each appoint one arbitrator. Within thirty (30) days after
these two arbitrators have been appointed, the initiating party and the responding party shall
by agreement appoint a third arbitrator, who shall act as the President of the tribunal.
EU/ASEAN/en 62