CHAPTER 13 AIR TRANSPORTATION Article 13.01 Scope of Application
1. This Chapter shall be applied to the measures that a Party adopts or maintains in the matter of air transportation services.
2. The agreements on air transportation entered and to be entered into by the Republic of Guatemala and the Republic of China (Taiwan), hereinafter the Agreements, are incorporated into this Agreement.
3. In case of incompatibility between this Agreement and the Agreements, the former shall prevail to the extent of the incompatibility.
Article 13.02 Consolidation of Measures
Any modifications to the Agreements shall not eliminate or reduce the existing rights to this Agreement.
Article 13.03 Dispute Settlement
1. The disputes that arise with respect to the application or interpretation of this Chapter or of the Agreements shall be governed by the provisions of Chapter 18 (Dispute Settlement), except as provided in this Article.
2. When a Party alleges that a dispute arises in relation to paragraph 1, Article 18.10 (Arbitral Panel Selection) shall apply, except where the arbitration panel is composed entirely of individuals fulfilling the requirements established in a) and b):
a) within a term of thirty (30) days from the entry into force of this Agreement, the Parties shall establish by consensus a list of up to six (6) persons who have the aptitudes and qualifications necessary to act as arbiters in the matter of air transportation services; and
b) the members of the list must:
i) have specialized knowledge of, or experience in, air transportation services; and
ii) fulfill the requirements established in article 18.09 (Qualifications of Panelists).
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3. In case the list referred to in paragraph 2(a) has not been established, each disputing Party shall designate an arbiter and the third one shall be designated by common consent of the disputing Parties. When an arbitration panel has not been composed in accordance with this paragraph in the established term of Article 18.07 (Establishment of an Arbitral Panel), the President of the Council of the International Civil Aviation Organization (ICAO) or an appropriate official at an international organization agreed upon by the disputing Parties, may designate the arbiter or arbiters that have not been designated, according to the procedures of that organization and at the request of either of the disputing Parties.
Article 13.04 Air Transportation Committee
1. The Parties establish an Air Transportation Committee, whose composition is indicated in Annex 13.04.
2. The Committee shall be entrusted with the subjects relative to this Chapter.
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ANNEX 13.04
AIR TRANSPORTATION COMMITTEE
The established Air Transportation Committee in Article 13.04 shall be composed of:
a) in the case of the Republic of Guatemala, the Dirección General de Aereonáutica Civil del Ministerio de Comunicaciones, Infraestructura y Vivienda, or its successor; and
b) in the case of the Republic of China (Taiwan), the Civil Aeronautics Administration, Ministry of Transportation and Communications, or its successor.
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