1. This arbitration procedure is drawn up in accordance with CERN’s status as an Intergovernmental Organization.
2. Within thirty days of a party giving to the other party written notification of its intention to resort to arbitration, the first party shall appoint an arbitrator. The second party shall appoint an arbitrator within three months of the appointment of the first arbitrator. The two arbitrators shall, by joint agreement and within three months of the appointment of the second arbitrator, select a third arbitrator, who shall subsequently be appointed by the parties to preside over the arbitration tribunal.
3. If the second party fails to appoint an arbitrator or if the two arbitrators fail to agree on the selection of a third arbitrator, the second or, as the case may be, the third arbitrator, shall be selected by the President of the Administrative Tribunal of the International Labour Organization, established in Geneva, Switzerland, and shall subsequently be appointed by the parties, at the request of the first party to do so.
4. None of the arbitrators shall be drawn from amongst persons who are or have been in any way in or at the service of CERN or the other party or any subsidiary or affiliate of the latter or who have any other conflict of interest. The arbitrators shall act impartially in the execution of their duties.
5. The arbitration proceedings shall take place in Geneva. The parties shall agree on the terms of reference of the arbitration tribunal, including the procedure to be followed, within thirty days of the appointment of the third arbitrator.
6. The arbitration tribunal shall faithfully apply the provisions of the NDA and shall set out in its award the detailed grounds for its decision. The costs of the arbitration, including all reasonable fees expended by the parties, shall be borne by the unsuccessful party or parties and the award shall specify how such costs are to be divided. The arbitration tribunal shall have no authority to award interest.
7. The arbitral award shall be final and binding upon the parties, which hereby expressly renounce the right to any form of appeal or revision, whether ordinary or extraordinary, it being understood that each party may, within two weeks from the date of the award, request the arbitration tribunal to give a written interpretation of the award or to correct computational or typographical errors. The interpretation or correction shall be made known to the parties within two months from the date of the request and shall become part of the award. Until the date of the delivery by the arbitration tribunal of any requested interpretation or correction, the execution of the arbitral award shall be suspended.
8. Save to the extent required by law, the arbitral award shall not be published or its contents made known to any third party without the prior written approval of each party.