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Annexes

ANNEX A

REQUIREMENTS FOR AN INTERNATIONAL OR INTERGOVERNMENTAL COMMONWEALTH BODY OR ORGANIZATION TO BE ELIGIBLE TO ACCESS THE COMMONWEALTH SECRETARIAT ARBITRAL TRIBUNAL

1. To be eligible to recognize the jurisdiction of the Commonwealth Secretariat Arbitral Tribunal in accordance with paragraph 2 of Article II of this Statute, an organization must be an international or intergovernmental Commonwealth body or organization that fulfils the following conditions:

(a) it shall be clearly international or intergovernmental in character, having regard to its membership, structure and scope of activity;

(b) it shall not specifically be required to apply any national law in its relations with its officials, and shall enjoy immunity from legal process as evidenced by a headquarters agreement concluded with the host country; and

(c) it shall be endowed with functions of such nature at the international level as, in the opinion of its Governing Body, offer sufficient guarantees as to its institutional capacity to carry out such functions as well as guarantees of compliance with the Tribunal's judgments.

2. Article V paragraph 4 of the Statute shall apply to require that the expenses to be borne by a body or organisation recognising and submitting to the jurisdiction of the Tribunal under Article II paragraph 2 shall only be the expenses occasioned by the sessions or hearings relating to a complaint filed involving such body or organisation.

3. Any compensation awarded against a body or organization by the Tribunal shall be chargeable to the budget of the international body or organization against which the complaint is filed.

ANNEX B

PROCEDURE FOR THE SELECTION AND APPOINTMENT OF MEMBERS OF THE TRIBUNAL

1. When a vacancy is about to occur in the Tribunal, the Commonwealth Secretariat shall notify Member Governments in the Region(s) concerned and the Commonwealth Secretariat Staff Association of the impending vacancy and invite nominations of suitable candidates from Member Governments within the time period specified.

2. The Commonwealth Secretariat shall also notify the recognised representatives of the Commonwealth legal fraternity of the impending vacancy and invite them to express any views they may have either directly or through their regional branches to the relevant member governments concerning their nomination of candidates.

3. At the end of the specified time period the Commonwealth Secretariat shall compile a list of the nominees proposed by Member Governments and shall circulate the list to Member Governments for their consideration. The Commonwealth Secretariat shall also send a copy of the list to the Commonwealth Secretariat Staff Association for its information.

4. Member Governments shall meet to select the President and the other members of the panel. Member Governments shall select the members of the Tribunal on a regionally representative basis taking into account the need for continuity and the maintenance of an appropriate gender balance in the Tribunal. In selecting or re-selecting members of the Tribunal, Member Governments may take into account any views expressed by the Commonwealth Secretary General and the Commonwealth Secretariat Staff Association.

5. In the interests of continuity of Tribunal membership, where possible, selection of Tribunal members should be so structured that no more than four members of the Tribunal conclude their four year term within the same year.

6. Thereafter, the Commonwealth Secretary General shall formally appoint the President and the other members of the Tribunal, selected or re-selected by Member Governments to serve for such period not exceeding four years as determined by Member Governments, by a letter of appointment signed by him or her or by a duly authorised representative.

ANNEX C

CONTINGENCIES AFFECTING THE TRIBUNAL

1. If, during the course of the hearing of any proceedings, a member dies or is, for any reason, unable to continue participating in the proceedings, the President or in the absence of the President the Presiding member, may, if that inability seems likely to be of short duration, adjourn the proceedings; otherwise the President, or in the absence of the President the Presiding member shall, with the consent of the parties order that the remaining member or members of the panel proceed with the case or failing such consent shall dissolve the panel and order a rehearing before a new panel.

2. Notwithstanding the expiry of his or her term of office, a member of the Tribunal shall continue to discharge the responsibilities of a member of the Tribunal in respect of a hearing other than the hearing of an interlocutory

matter, commenced before a panel of which he or she was a member, until the disposal of the matter.

Revised Statute Adopted 16/05/07.