Conduct of Arbitral Proceedings Sample Clauses

Conduct of Arbitral Proceedings. 20.1 Unless the disputing parties agree otherwise, a Tribunal shall hold an arbitration in the territory of a country that is a party to the New York Convention, selected in accordance with: (a) the ICSID Additional Facility Rules if the arbitration is under those Rules or the ICSID Convention; or (b) the UNCITRAL Arbitration Rules if the arbitration is under those Rules. 20.2 Unless otherwise agreed by the disputing parties, the Tribunal may determine a place for meetings and hearings and the legal seat of arbitration. In doing so, the Tribunal shall take into consideration the convenience of the disputing parties and the arbitrators, the location of the subject matter, the proximity of the evidence, and give special consideration to the capital city of the Defending Party. 20.3 When considering matters of evidence or production of documents, the Tribunal shall not have any powers to compel production of documents which the Defending Party claims are protected from disclosure under the rules on confidentiality or privilege under its law.
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Conduct of Arbitral Proceedings. 19.1 Unless the disputing parties agree otherwise, the Arbitral Tribunal shall hold the arbitration proceedings in the territory of a country that is a party to the New York Convention, selected in accordance with the UNCITRAL Arbitration Rules if the arbitration is under those Rules. 19.2 Unless otherwise agreed by the disputing parties, the Arbitral Tribunal may determine a place for meetings and hearings and the legal seat of arbitration. In doing so, the Arbitral Tribunal shall take into consideration the convenience of the disputing parties and the arbitrators, the location of the subject matter, the proximity of the evidence, and give special consideration to the territory in which the investment is made.
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Conduct of Arbitral Proceedings. Applicable rules (i) The arbitration shall be conducted under the Arbitration Rules of the United Nations Commission on International Trade Law in force at the time of the commencement of the dispute or any other rules agreed to between the parties in writing prior to the commencement of arbitration, and as modified by this Treaty.
Sample 1
Conduct of Arbitral Proceedings. 20.1 Unless the Disputing Parties Agree Otherwise, a Tribunal Shall Hold An arbitration in the territory of a country that is a party to the New York Convention, selected in accordance with: (a) the ICSID Additional Facility Rules if the arbitration is under those Rules or the ICSID Convention; or (b) the UNCITRAL Arbitration Rules if the arbitration is under those Rules. 20.2 Unless otherwise agreed by the disputing parties, the Tribunal may determine a place for meetings and hearings and the legal seat of arbitration. In doing so, the Tribunal shall take into consideration the convenience of the disputing parties and the arbitrators, the location of the subject matter, the proximity of
Sample 1
Conduct of Arbitral Proceedings. Equal treatment of parties: The parties shall be treated with equality and each party shall be given opportunity to present his case. Determination of rules of procedure: The parties are free to decide the procedure of conducting proceedings by the Tribunal. If the parties fails to agree on the procedure, the Tribunal may conduct the proceedings as it considers appropriate. The Tribunal may determine the admissibility, relevance, materiality and weight of any evidence. Place of arbitration: The parties are free to decide the place of arbitration. If they fail to decide the place, the Tribunal may decide the place of arbitration considering the convenience of the parties. The Tribunal may meet at any place for consulting members, hearing witnesses, experts or the parties or for inspection of documents, goods or other property. Commencement of arbitral proceedings: The arbitral proceedings shall commence on the date on which a request for arbitration is received by the respondent.
Sample 1
Conduct of Arbitral Proceedings. 20.1. Unless the disputing parties agree otherwise, the Tribunal shall hold the arbitration in the territory of a country that is a party to the New York Convention, selected in accordance with: a) The ICSID Additional Facility Rules if the arbitration is under those Rules or the ICSID Convention; or b) The UNCITRAL Arbitration Rules if the arbitration is under those Rules. 20.2. Unless otherwise agreed by the disputing parties, the Tribunal may determine the legal seat of arbitration. In doing so, the Tribunal shall take into consideration the convenience of the disputing parties and the arbitrators, the location of the subject matter, the proximity ofthe evidence, and give special consideration to the capital city ofthe Defending Party.
Sample 1

Related to Conduct of Arbitral Proceedings

  • Conduct of Arbitration a) The seat of the arbitration shall be at New Delhi, India. b) The language to be used in the arbitral proceedings shall be English

  • Transparency of Arbitral Proceedings 1. Subject to paragraphs 2 and 3, the disputing Member State may make publicly available all awards, and decisions produced by the tribunal. 2. Any of the disputing parties that intend to use information designated as confidential information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Any information specifically designated as confidential that is submitted to the tribunal or the disputing parties shall be protected from disclosure to the public. 4. A disputing party may disclose to persons directly connected with the arbitral proceedings such confidential information as it considers necessary for the preparation of its case, but it shall require that such confidential information is protected. 5. The tribunal shall not require a Member State to furnish or allow access to information the disclosure of which would impede law enforcement or would be contrary to the Member States law protecting Cabinet confidences, personal privacy or the financial affairs and accounts of individual customers of financial institutions, or which it determines to be contrary to its essential security. 6. The non-disputing Member State shall be entitled, at its cost, to receive from the disputing Member State a copy of the notice of arbitration, no later than 30 days after the date that such document has been delivered to the disputing Member State. The disputing Member State shall notify all other Member States of the receipt of the notice of arbitration within 30 days thereof.

  • Conduct of the Arbitration 1. Where issues relating to jurisdiction or admissibility are raised as preliminary objections, the tribunal shall decide the matter before proceeding to the merits. 2. A disputing Member State may, no later than 30 days after the constitution of the tribunal, file an objection that a claim is manifestly without merit. A disputing Member State may also file an objection that a claim is otherwise outside the jurisdiction or competence of the tribunal. The disputing Member State shall specify as precisely as possible the basis for the objection. 3. The tribunal shall address any such objection as a preliminary question apart from the merits of the claim. The disputing parties shall be given a reasonable opportunity to present their views and observations to the tribunal. If the tribunal decides that the claim is manifestly without merit, or is otherwise not within the jurisdiction or competence of the tribunal, it shall render an award to that effect. 4. The tribunal may, if warranted, award the prevailing party reasonable costs and fees incurred in submitting or opposing the objection. In determining whether such an award is warranted, the tribunal shall consider whether either the claim or the objection was frivolous or manifestly without merit, and shall provide the disputing parties a reasonable opportunity to comment. 5. Unless the disputing parties otherwise agree, the tribunal shall determine the place of arbitration in accordance with the applicable arbitration rules, provided that the place shall be in the territory of a State that is a party to the New York Convention. 6. Where an investment dispute relate to a measure which may be a taxation measure, the disputing Member State and the non-disputing Member State, including representatives of their tax administrations, shall hold consultations to determine whether the measure in question is a taxation measure. 7. Where a disputing investor claims that the disputing Member State has breached Article 14 (Expropriation and Compensation) by the adoption or enforcement of a taxation measure, the disputing Member State and the non-disputing Member State shall, upon request from the disputing Member State, hold consultations with a view to determining whether the taxation measure in question has an effect equivalent to expropriation or nationalisation. 8. Any tribunal that may be established under this Section shall accord serious consideration to the decision of both Member States under paragraphs 6 and 7. 9. If both Member States fail either to initiate such consultations referred to paragraphs 6 and 7, or to make such joint decisions, within the period of 180 days from the date of the receipt of request for consultation referred to in Article 31 (Consultations), the disputing investor shall not be prevented from submitting its claim to arbitration in accordance with this Section.

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Initiation of Arbitration Pursuant to Section 110 of the Arbitration Act, the parties agree that a party may initiate Arbitration by giving written notice to the other party (“Arbitration Notice”) in the same manner that notice is permitted under Section 9.13 of the Agreement; provided, however, that the Arbitration Notice may not be given by email or fax. Arbitration will be deemed initiated as of the date that the Arbitration Notice is deemed delivered to such other party under Section 9.13 of the Agreement (the “Service Date”). After the Service Date, information may be delivered, and notices may be given, by email or fax pursuant to Section 9.13 of the Agreement or any other method permitted thereunder. The Arbitration Notice must describe the nature of the controversy, the remedies sought, and the election to commence Arbitration proceedings. All Claims in the Arbitration Notice must be pleaded consistent with the Utah Rules of Civil Procedure.

  • Expenses of Arbitration Each party shall pay one-half of the fees and expenses of the Arbitrator.

  • Cost of Arbitration The fees for a single Arbitrator or a Chair of a Board of Arbitration shall be shared equally by the parties. Other costs incurred by each party shall be the responsibility of that party.

  • Costs of Arbitration Each party shall bear one half the cost of the arbitration filing and hearing fees, and the cost of the arbitrator.

  • Rules of Arbitration The arbitration procedures initiated under this Contract shall operate under the arbitration rules in effect for ICSID, the Additional Facility or UNCITRAL, as the case may be, at the time of the filing of the request for arbitration, which rules are deemed to be incorporated herein by reference in this Article 26.

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