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8

Certain provisions of Convention to have force of law

Act: Arbitration (International Investment Disputes) Ordinance 2010

Section Provisions

ORDINANCE VI OF 2010 ORDINANCE VI OF 2010 ARBITRATION (INTERNATIONAL INVESTMENT DISPUTES) ORDINANCE, 2010 An Ordinance to implement the International Convention on the Settlement of Investment Disputes between States and Nationals of other States [Gazette of Pakistan, Extraordinary, Part I, 20th April, 2010] F. No.2(1)/2010-Pub. Dated 20-4-2010.---The following Ordinance promulgated by the President on the 18th April, 2010 is hereby published for general information: Whereas, Pakistan has signed and ratified the International Convention on the Settlement of Investment Disputes between States and Nationals of other States; And whereas, the National Assembly is not in session and the President is satisfied that circumstances exist which render it necessary to take immediate action; Now, therefore, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance: 8. Certain provisions of Convention to have force of law.--(1) Not withstanding anything to the contrary in any law, the provisions of Articles 18, 19, 20, 21(a), Article 22 as it applies to Articles 21(a), 23(1) and 24 shall have the force of law. (2) Nothing in Article 24(1) of the Convention shall be construed as--- (a) entitling the Centre to import into Pakistan goods free of any customs duty without restriction on their subsequent sale therein; (b) conferring on the Centre any exemption from taxes or duties which form part of the price of goods sold; or (c) conferring on the Centre any exemption from taxes or duties which are in fact no more than charges for services rendered. (3) For the purposes of Article 20 and Article 21(a) of the Convention as given the force of law by this section, a statement to the effect that the Centre has waived an immunity in the circumstances specified in the statement, being a statement certified by the Secretary-General of the Centre, or by the person acting as Secretary-General, shall be conclusive evidence of such waiver.