(1) The Tribunal shall have the power to rule on its competence. For the purposes ofthis Article,an agreement providing for arbitration under the Additional Facility shall be separable from the other terms of the contract in which it may have been included.

(2) Any objection that the dispute is not within the competence of the Tribunal shall be filed with the Secretary-General as soon as possi- ble after the constitution of the Tribunal and in any event no later than the expiration of the time limit fixed for the filing of the counter- memorial or,if the objection relates to an ancillary claim,for the filing of the rejoinder—unless the facts on which the objection is based are unknown to the party at that time.

(3) The Tribunal may on its own initiative consider,at any stage of the proceeding,whether the dispute before it is within its competence.

(4) Upon the formal raising ofan objection relating to the dispute, the Tribunal may decide to suspend the proceeding on the merits.The President of the Tribunal, after consultation with its other members, shall fix a time limit within which the parties may file observations on the objection.

(5) The Tribunal shall decide whether or not the further proce- dures relating to the objection made pursuant to

paragraph (2)

shall be oral.It may deal with the objection as a preliminary question or join it to the merits of the dispute.If the Tribunal overrules the objection or joins it to the merits,it shall once more fix time limits for the further procedures.

(6) Unless the parties have agreed to another expedited procedure for making preliminary objections, a party may, no later than 30 days after the constitution of the Tribunal,and in any event before the first session ofthe Tribunal,file an objection that a claim is manifestly with- out legal merit.The party shall specify as precisely as possible the basis for the objection.The Tribunal,after giving the parties the opportunity to present their observations on the objection,shall,at its first session or promptly thereafter, notify the parties of its decision on the objec- tion.The decision ofthe Tribunal shall be without prejudice to the right ofa party to file an objection pursuant to

paragraph (2)

or to object,in the course of the proceeding,that a claim lacks legal merit.

(7) Ifthe Tribunal decides that the dispute is not within its compe- tence or that all claims are manifestly without legal merit,it shall issue an award to that effect.

(1) Unless the arbitration agreement otherwise provides, either party may at any time during the proceeding request that provisional measures for the preservation of its rights be ordered by the Tribunal. The Tribunal shall give priority to the consideration of such a request.

(2) The Tribunal may also recommend provisional measures on its own initiative or recommend measures other than those specified in a request.It may at any time modify or revoke its recommendations.

(3) The Tribunal shall order or recommend provisional measures, or any modification or revocation thereof,only after giving each party an opportunity of presenting its observations.

(4) The parties may apply to any competent judicial authority for interim or conservatory measures. By doing so they shall not be held to infringe the agreement to arbitrate or to affect the powers of the Tribunal.

(1) Except as the parties otherwise agree, a party may present an incidental or additional claim or counter-claim,provided that such ancil- lary claim is within the scope ofthe arbitration agreement ofthe parties.

(2) An incidental or additional claim shall be presented not later than in the reply and a counter-claim no later than in the counter- memorial,unless the Tribunal,upon justification by the party present- ing the ancillary claim and upon considering any objection of the other party,authorizes the presentation of the claim at a later stage in the proceeding.

(1) Ifa party fails to appear or to present its case at any stage ofthe proceeding, the other party may request the Tribunal to deal with the questions submitted to it and to render an award.

(2) Whenever such a request is made by a party the Tribunal shall promptly notify the defaulting party thereof.Unless the Tribunal is sat- isfied that that party does not intend to appear or to present its case in the proceeding,it shall,at the same time,grant a period ofgrace and to this end:

(3) After the expiration of the period of grace or when, in accor- dance with

paragraph (2) of this Article

,no such period is granted,the Tribunal shall examine whether the dispute is within its jurisdiction and, if it is satisfied as to its jurisdiction, decide whether the submis- sions made are well-founded in fact and in law.To this end,it may,at any stage of the proceeding,call on the party appearing to file observa- tions,produce evidence or submit oral explanations.

(1) If, before the award is rendered, the parties agree on a settle- ment ofthe dispute or otherwise to discontinue the proceeding,the Tri- bunal, or the Secretary-General if the Tribunal has not yet been constituted, or has not yet met, shall, at their written request, in an order take note of the discontinuance of the proceeding.

(2) Ifrequested by both parties and accepted by the Tribunal,the Tribunal shall record the settlement in the form ofan award.The Tri- bunal shall not be obliged to give reasons for such an award.The par- ties will accompany their request with the full and signed text oftheir settlement.

If a party requests the discontinuance of the proceeding,the Tri- bunal,or the Secretary-General if the Tribunal has not yet been con- stituted, shall in an order fix a time limit within which the other party may state whether it opposes the discontinuance. If no objec- tion is made in writing within the time limit, the Tribunal, or if appropriate the Secretary-General,shall in an order take note of the discontinuance of the proceeding.If objection is made,the proceed- ing shall continue.

Ifthe parties fail to take any steps in the proceeding during six con- secutive months or such period as they may agree with the approval of the Tribunal, or of the Secretary-General if the Tribunal has not yet been constituted, they shall be deemed to have discontinued the pro- ceeding and the Tribunal,or ifappropriate the Secretary-General,shall, after notice to the parties,in an order take note of the discontinuance.