Common use of Disagreements between the Contracting Parties Clause in Contracts

Disagreements between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled by the Governments of the two Contracting Parties. (2) If a disagreement can not be settled in this way, it shall be submitted to an arbitration court at the request of one of the two contracting parties. (3) The arbitral tribunal shall be constituted on a case-by-case basis by appointing a member to each of the Contracting Parties, and the two members as chairman of a third State with which the two Contracting Parties maintain diplomatic relations, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed within two months to appoint the chairman within three months after the one party to the agreement has notified the other that it wishes to submit the dispute to an arbitration tribunal. (4) If the deadlines set out in paragraph 3 are not met, in the absence of any other agreement, each Contracting Party may ask the President of the International Court of Justice to make the necessary appointments. If the President has the nationality of either Contracting Party or if he is prevented from doing so for another reason, the Vice-President shall make the appointments. If the vice-president also has the nationality of one of the two contracting parties or if he is also prevented from doing so, the next member of the Court who is not a national of one of the two contracting parties shall make the appointments. (5) The arbitral tribunal shall decide by a majority of votes. Its decisions are binding. Each Contracting Party shall bear the costs of its member and its representation in the proceedings before the arbitral tribunal; The costs of the chairman and the other costs are borne equally by the two contracting parties. The arbitral tribunal may adopt a different cost regime. Moreover, the arbitral tribunal shall regulate its own procedures. (6) If both Contracting Parties are Contracting States to the Convention of 18 March 1965 on the settlement of disputes between States and nationals of other States, the arbitration referred to in Article 27 (1) of the Convention may not be appealed to in the event of a dispute between the parties The investor of a Contracting Party and the other Contracting Party has concluded an agreement in accordance with Article 25 of the Convention. The possibility of calling the arbitral tribunal provided for in the event of failure to comply with a decision of the arbitral tribunal of the said Convention (Article 27), or in the case of the law on the transfer of power or the legal transaction referred to in Article 6 of this Agreement shall remain unaffected.

Disagreements between the Contracting Parties. (1) Disputes Differences of opinion between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled by the Governments of the two Contracting Partiesfriendly negotiations. (2) If such a disagreement can not be settled in this waywithin six months, it shall may be submitted to an arbitration court tribunal at the request of one of the two a contracting partiesparty. (3) The arbitral tribunal shall be constituted on formed from case to case. Each Contracting Party shall appoint one member. These two members, appointed in this way, elect a casethird-by-case basis by appointing a member country national to each of the Contracting Parties, and the two members serve as chairman of a third State with which the two Contracting Parties maintain diplomatic relations, to be appointed by the Governments of the two Contracting Partiescourt. The members shall be appointed within two months to appoint by the chairman within three a further two months within two months after the one party to the agreement has notified the other that it wishes to submit the dispute to an arbitration tribunal. (4) If the deadlines set out in paragraph 3 are not met, in the absence of any other agreement, each Contracting Party may ask the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice has the nationality of either one of the Contracting Party Parties or if he is prevented from doing so for another any other reason, the Vice-President shall or, if he is unable to do so, the most senior member of the International Court of Justice may be invited under the same conditions as the appointments In the absence of any other agreement, each Contracting Party may ask the President of the International Court of Justice to make the necessary appointments. If the vice-president also President of the International Court of Justice has the nationality of one of the two contracting parties Contracting Parties or if he is also prevented from doing so for any other reason, the Vice-President or, if he is unable to do so, the next most senior member of the International Court who is not a national of one of Justice may be invited under the two contracting parties shall make same conditions as the appointmentsappointments make. (5) The arbitral tribunal shall regulate its procedure itself. (6) The arbitral tribunal shall decide by a majority on the basis of this Agreement as well as on the basis of generally accepted rules of international law. It decides with multiple votes. Its decisions are ; The decision is final and binding. . (7) Each Contracting Party shall bear the costs of its member and its representation in the proceedings before the arbitral tribunal; arbitration proceedings. The costs of the chairman and the other costs are borne equally by the two contracting parties. The arbitral tribunal However, the court may adopt a different cost regime. Moreover, the arbitral tribunal shall regulate system of charges in its own proceduresdecision. (6) If both Contracting Parties are Contracting States to the Convention of 18 March 1965 on the settlement of disputes between States and nationals of other States, the arbitration referred to in Article 27 (1) of the Convention may not be appealed to in the event of a dispute between the parties The investor of a Contracting Party and the other Contracting Party has concluded an agreement in accordance with Article 25 of the Convention. The possibility of calling the arbitral tribunal provided for in the event of failure to comply with a decision of the arbitral tribunal of the said Convention (Article 27), or in the case of the law on the transfer of power or the legal transaction referred to in Article 6 of this Agreement shall remain unaffected.