Page:UN Treaty Series - vol 1332.pdf/258

This page has been proofread, but needs to be validated.
248
United Nations—Treaty Series · Nations Unies—Recueil des Traités
1983

current benefit payments, though in the manner and subject to the restrictions laid down by the legislation of the Contracting Party which is to perform the clearance.

Article 31. 1. Disputes arising in connection with the application of this Convention are to be resolved by negotiations between the competent authorities.

2. If the dispute has not been resolved within six months from the date when such negotiations were first requested, it shall be submitted to an arbitration tribunal whose constitution and procedure shall be decided upon by the Contracting Parties. The arbitration tribunal shall resolve the dispute in accordance with the basic principles and spirit of this Convention. The arbitration shall be final and binding for the Contracting Parties.

Article 32. 1. This Convention shall also apply to contingencies arising prior to its entry into force. However, no benefits shall be payable under this Convention with respect to any period prior to its entry into force, although periods of insurance or residence completed before the said entry into force shall be taken into account in the determination of benefits.

2. Any benefit which has not been awarded or has been withdrawn on account of the nationality of the person concerned or on account of his residence in the territory of the other Contracting Party, or by reason of another obstacle which has been removed through this Convention, shall on application be awarded or resumed with effect from the date of entry into force of this Convention.

3. Upon an application being received, a benefit granted prior to the entry into force of this Convention shall be recalculated in compliance with the provisions of the same. Such benefits may also be recalculated without any application being made. This recalculation may not result in any reduction of the benefit paid.

4. Provisions in the laws of the Contracting Parties concerning the prescription and the termination of the right to benefits shall not apply to rights arising out of the provisions of paragraphs 1-3 of this article, always provided that the beneficiary submits his application for a benefit within two years after the date of entry into force of this Convention. If the application is submitted later than the time mentioned, benefits are paid out from the date of submission of the application, always provided that more generous provisions do not apply according to the legislation of the Contracting Party which has to pay the benefit and that the entitlement to benefit has not been prescribed or cancelled.

Article 33. 1. This Convention may be denounced by either of the two Contracting Parties. Notice of denunciation shall be given not less than three months before the expiry of the current calendar year, whereupon the Convention shall cease to be in force at the expiry of the calendar year in which it is denounced.

2. If the Convention is denounced, its provisions shall continue to apply to benefits which have already been acquired, notwithstanding any provisions that may have been enacted in the legislation of the two Contracting Parties concerning restrictions of the right to benefits in connection with residence in, or citizenship of, other countries. Any right to future benefits which may have been acquired by virtue of the Convention shall be settled by special agreement.

Article 34. Both Contracting Parties shall notify each other in writing of the accomplishment of their respective constitutional procedures required for theVol. 1332. 1-22358