Australian Tax Treaties
Without prejudice to paragraph 3 of this Article, for a period of five years following the entry into force of this Treaty, any dispute regarding the interpretation or application of this Treaty which is not settled by negotiation within six months of either Party notifying the other Party of the existence of the dispute, may be submitted by the Parties jointly to one or more members of the Conciliation Commission.
2
Once the dispute has been submitted in accordance with paragraph 1 of this Article, the member or members of the Conciliation Commission shall hear the Parties, examine their claims and objections, and make proposals to the Parties with a view to reaching an amicable settlement.
3
Subject to paragraph 4 of this Article, any dispute concerning the interpretation or application of this Treaty, which cannot be settled by negotiation within six months of either Party notifying the other Party of the existence of the dispute, may be submitted by either Party to an arbitral tribunal in accordance with Annex E of this Treaty.
4
The Parties shall not submit to an arbitral tribunal under this Article any dispute concerning the interpretation or application of Article 2 , 3 , 4 , 5 , 7 or 11 , Annex A or Annex D of this Treaty, or any dispute falling within the scope of Article 8 of Annex B , which shall be settled in accordance with the provisions of that Article.
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