Arbitration
Title V of COTIF 1999 relating to arbitration provides for an Arbitration Tribunal to which disputes concerning the interpretation of COTIF and the application of COTIF may be referred. These disputes can be of an international public law or civil law nature. The Arbitration Tribunal also has competence in the interpretation and application of the Protocol on the Privileges and Immunities of OTIF.
The Secretary General establishes a list of arbitrators and keeps it up to date. Each Member State may nominate two of its nationals to the panel of arbitrators. They must be specialists in international transport law.
Eleven Member States (Albania, Azerbaijan, Czech Republic, Georgia, Iraq, Pakistan, Portugal, Romania, Russia, Slovakia, Ukraine) have entered reservations on the application of the provisions relating to arbitration.
The reliability and clarity of the general rules prescribed in COTIF have so far meant that no arbitration has been necessary. To date, there has not been any dispute between Member States or any need to interpret COTIF that has required the arbitration procedure to be used. Using the uniform law of COTIF, the national courts have been able to find satisfactory solutions.
A list of arbitrators is available upon request from the Secretariat.
