Agreement Relating to the “INTELSAT”

Article XVII. (Amendment)

(a) Any Party may propose amendments to this Agreement. Proposed
amendments shall be submitted to the executive organ, which shall
distribute them promptly to all Parties and Signatories.

(b) The Assembly of Parties shall consider each proposed amendment at
its first ordinary meeting following its distribution by the executive
organ, or at an earlier extraordinary meeting convened in accordance with
the provisions of Article VII of this Agreement, provided that the
proposed amendment has been distributed by the executive organ at least
ninety days before the opening date of the meeting. The Assembly of
Parties shall consider any views and recommendations which it receives
from the Meeting of Signatories or the Board of Governors with respect to
a proposed amendment.

(c) The Assembly of Parties shall take decisions on each proposed
amendment in accordance with the provisions relating to quorum and voting
contained in Article VII of this Agreement. It may modify any proposed
amendment, distributed in accordance with paragraph (b) of this Article,
and may also take decisions on any amendment not so distributed but
directly consequential to a proposed or modified amendment.

(d) An amendment which has been approved by the Assembly of Parties
shall enter into force in accordance with paragraph (e) of this Article
after the Depositary has received notice of approval, acceptance or
ratification of the amendment from either:

(i)Two-thirds of the States which were Parties as of the date upon
which the amendment was approved by the Assembly of Parties,
provided that such two-thirds include Parties which then held,
or whose designated Signatories then held, at least two-thirds
of the total investment shares; or

(ii)A number of States equal to or exceeding eighty-five per cent of
the total number of States which were Parties as of the date
upon which the amendment was approved by the Assembly of
Parties, regardless of the amount of investment shares such
Parties or their designated Signatories then held.

(e) The Depositary shall notify all the Parties as soon as it has
received the acceptances, approvals or ratifications required by
paragraph (d) of this Article for the entry into force of an amendment.
Ninety days after the date of issue of this notification, the amendment
shall enter into force for all Parties, including those that have not yet
accepted, approved, or ratified it and have not withdrawn from INTELSAT.

(f) Notwithstanding the provisions of paragraphs (d) and (e) of this
Article, an amendment shall not enter into force less than eight months
or more than eighteen months after the date it has been approved by the
Assembly of Parties.

Article XVIII. ( Settlement of Disputes )

(a) All legal disputes arising in connection with the rights and
obligations under this Agreement or in connection with obligations
undertaken by Parties pursuant to paragraph (c) of Article 14 or
paragraph (c) of Article 15 of the Operating Agreement, between Parties
with respect to each other, or between INTELSAT and one or more Parties,
if not otherwise settled within a reasonable time, shall be submitted to
arbitration in accordance with the provisions of Annex C to this
Agreement. Any legal dispute arising in connection with the rights and
obligations under this Agreement or the Operating Agreement between one
or more Parties and one or more Signatories may be submitted to
arbitration in accordance with the provisions of Annex C to this
Agreement, provided that the Party or Parties and the Signatory or
Signatories involved agree to such arbitration.

(b) All legal disputes arising in connection with the rights and
obligations under this Agreement, or in connection with the obligations
undertaken by Parties pursuant to paragraph (c) of Article 14 or
paragraph (c) of Article 15 of the Operating Agreement, between a Party
and a State which has ceased to be a Party or between INTELSAT and a
State which has ceased to be a Party, and which arise after the State
ceased to be a Party, if not otherwise settled within a reasonable time,
shall be submitted to arbitration. Such arbitration shall be in
accordance with the provisions of Annex C to this Agreement, provided
that the State which has ceased to be a Party so agrees. If a State
ceases to be a Party, or if a State or a telecommunications entity ceases
to be a Signatory, after a dispute in which it is a disputant has been
submitted to arbitration pursuant to paragraph (a) of this Article, the
arbitration shall be continued and concluded.

(c) All legal disputes arising as a result of agreements between
INTELSAT and any Party shall be subject to the provisions on settlement
of disputes contained in such agreements. In the absence of such
provisions, such disputes, if not otherwise settled, may be submitted to
arbitration in accordance with the provisions of Annex C to this
Agreement if the disputants so agree.

Author: international

Mentioned in these Entries

Settlement of Disputes.