TITLE FOUR: GENERAL PROVISIONS
Article II: Conference and
The Government of the United States shall confer promptly at the request of the Government of the Marshall Islands or the Federated States of Micronesia and any of those Governments shall confer promptly at the request of the Government of the United States on matters relating to the provisions of this Compact or of its related agreements.
In the event the Government of the United States, or the Government of the Marshall Islands or the Federated States of Micronesia, after conferring pursuant to Section 421, determines that there is a dispute and gives written notice thereof, the Governments, which are parties to the dispute, shall make a good faith effort to resolve the dispute among themselves.
If a dispute between the Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia cannot be resolved within 90 days of written notification in the manner provided in Section 422, either party to the dispute may refer it to arbitration in accordance with Section 424.
Should a dispute be referred to arbitration as provided for in Section 423, an Arbitration Board shall be established for the purpose of hearing the dispute and rendering a decision which shall be binding upon the two parties to the dispute unless the two parties mutually agree that the decision shall be advisory. Arbitration shall occur according to the following terms:
(a) An Arbitration Board shall consist of a Chairman and two other members, each of whom shall be a citizen of a party to the dispute. Each of the two Governments which is a party to the dis- pute shall. appoint one member to the Arbitration Board. If either party to the dispute does not fulfill the appointment requirements of this Section within 30 days of referral of the dispute to arbitration pursuant to Section 423, its member on the Arbitration Board shall be selected from its own standing list by the other party to the dispute. Each Government shall maintain a standing list of 10 candidates. The parties to the dispute shall jointly appoint a Chairman within 15 days after selection of the other members of the Arbitration Board. Failing agreement on a Chairman, the Chairman shall be chosen by lot from the standing lists of the parties to the dispute within 5 days after such failure.
(b) The Arbitration Board shall have jurisdiction to hear and render its final determination on all disputes arising exclusively under Articles I, II, III, IV and V of Title One, Title Two, Title Four and their related agreements.
Each member of the Arbitration Board shall have one vote. Each decision of the Arbitration Board shall be reached by majority vote.
(d) In determining any legal issue, the Arbitration Board may have reference to international law and, in such reference, shall apply as guidelines the provisions set forth in Article 38 of the Statute of the International Court of Justice.
The Arbitration Board shall adopt such rules for its proceedings as it may
deem appropriate and necessary, but such rules shall not contravene the
provisions of this Compact. Unless the parties provide otherwise by mutual
agreement, the Arbitration Board shall endeavor to render its decision within 30
days after the conclusion of arguments. The Arbitration Board shall make
findings of fact and conclusions of law and its members may issue dissenting or
individual opinions. Except as may be otherwise decided by the Arbitration
Board, one-half of all costs of the arbitration shall be borne by the Government
of the United States and the remainder shall be borne by the other party to the