Common use of Dispute between the Contracting Parties Clause in Contracts

Dispute between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, as far as possible, be settled through negotiation. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the time the dispute arose, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4) If within the periods specified in paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedures.

Dispute between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this Agreement shouldAgreement, as far as possible, be settled through the Contracting Parties shall in the first place try to settle it by negotiation. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the time fail to reach a settlement of the dispute aroseby negotiation within three months, it shall upon may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party Party, shall be submitted for decision to an arbitral tribunal. (3) Such an arbitral tribunal of three arbitrators which shall be constituted for each individual case in the following way. Within two months of the manner: (a) within thirty days after receipt of the a request for arbitration, each Contracting Party shall appoint one member arbitrator. A physical person possessing neither French nationality nor the nationality of the State which is responsible for the foreign affairs of Hong Kong nor having the right of abode in Hong Kong area shall act as President of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties He shall be appointed Chairman as the third arbitrator by agreement between the two arbitrators, within sixty days of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.second; (4b) If if within the periods time limits specified in paragraph (3) of this Article the necessary appointments have above any appointment has not been made, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court Chamber of Justice Commerce, in a personal and individual capacity, to make any the necessary appointmentsappointments within thirty days. If the President is a national of a State which is not regarded by either Contracting Party or if he is otherwise prevented from discharging as neutral in relation to the said functiondispute, the Vice President most senior member who is so regarded shall make the appointment. (3) Except as hereinafter provided in this Article, the tribunal shall determine the limits of its jurisdiction and establish its own rules of procedure. (4) The decision of the tribunal shall be invited to make final and binding on the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParties. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own member the arbitrator appointed by it. All other costs of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts shared equally by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedures.

Dispute between the Contracting Parties. (1) Disputes . Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement should, as far as if possible, be settled through negotiationnegotiations between the governments of the two Contracting Parties. (2) . If a the dispute between the Contracting Parties cannot thus be settled within a period of six months from months, following the time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall may upon the request of either Contracting Party be submitted to an ad hoc arbitral tribunal. (3) . Such an arbitral tribunal shall be constituted for each individual case in the following way. Within : within two months of from the receipt of the request for arbitration, each Contracting Party shall appoint one member of for the tribunal. Those two members shall then select a national of a third State who on who, upon approval by the two Contracting Parties parties, shall be appointed as Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4) . If within the periods specified in paragraph (3) Paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either the Contracting Party or if he too is prevented from discharging the said function, the Member member of the International Court of Justice next in seniority who is not a national of either Contracting Party and not prevented from discharging such functions shall be invited to make the necessary appointments. (5) . The arbitral tribunal shall reach its each decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of to the tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this its award shall be binding on on, and executed by, both Contracting Parties. The tribunal shall determine its own proceduresprocedure.

Dispute between the Contracting Parties. (1a) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, as far as possible, be settled through negotiation. (2b) If a dispute between the Contracting Parties cannot thus be settled within six months from the time the dispute arose, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3c) Such an arbitral tribunal shall be constituted for each individual case in the following way. : Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4d) If within the periods specified in paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5e) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs cost shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedures.

Dispute between the Contracting Parties. (1) Disputes 9.1 Dispute between the Contracting Parties concerning parties relating to the interpretation or application of this Agreement shouldthe agreement shall, as far as if possible, be settled through consultation or negotiation. (2) 9.2 If a dispute between the Contracting Parties cannot thus be settled within a period of six months from the time date on which the dispute arosematter was raised by one Contracting party, it shall upon the request of either Contracting Party party, be submitted to an arbitral tribunalArbitral Tribunal. (3) 9.3 Such an as arbitral tribunal shall be constituted for for, each individual case in the following way. Within two months of the receipt of the request for arbitration, each as follows:- (a) Each Contracting Party party shall appoint one member of arbitrator and the tribunal. Those two members arbitrators thus appointed shall then select appoint by mutual agreement a third arbitrator who must be a national of a third State country and who on approval by the two Contracting Parties shall be appointed designated as Chairman of the tribunal. . (b) The Chairman said arbitrators shall be appointed within two months and the Chairman with three month from the date of appointment of notification by one contracting party two the other two memberscontracting party of its intention to submit the dispute to arbitration. (4) 9.4 If within the periods specified in paragraph (3) of this Article Article, the necessary appointments have not been made, either Contracting Party party may, in the absence of any other relevant agreement, invite the President president of the International Court of Justice to make any the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice vice President is a national of either Contracting Party party or if he too he, too, is prevented from discharging the said function, the Member member of the International Court court of Justice justice next in seniority who is not a national of either Contracting Party party shall be invited to make the necessary appointments.. The arbitration in respect of any dispute shall be held in the territory of the Contracting party in whose country or maritime (5a) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear parties. (b) Subject to the power of the arbitral tribunal to give a different ruling concerning costs, the cost of its own member of the tribunal and of its representation in the arbitral proceedings; proceeding shall be borne by each Contracting party and the cost of the Chairman and the remaining costs cost shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Partiesparties. (c) In all respects other than those specified in sub-paragraph (a) and (b) of this paragraph, and this award shall be binding on both Contracting Parties. The the tribunal shall determine its own proceduresprocedure.

Dispute between the Contracting Parties. (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic channels. (2) If a any such dispute between the Contracting Parties cannot thus be settled within six months from the time the dispute arosesettled, it shall upon the request of either Contracting Party be submitted to an arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be the Chairman of the tribunal appointed by agreement of the Contracting Parties. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member arbitrator, and within two months of such appointment of the tribunal. Those two members shall then select a national of a third State who on approval by arbitrators, the two Contracting Parties shall be appointed Chairman of appoint the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersthird arbitrator. (4) If the tribunal shall not have been constituted within four months of receipt of the periods specified in paragraph (3) of this Article the necessary appointments have not been maderequest for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointmentsappoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or of if he is otherwise prevented from discharging the said function, the Vice President shall be invited unable to make the necessary appointmentsappointments the Vice-President may be invited to do so. If the Vice vice-President is a national of either Contracting Party Party, or if he too is prevented from discharging otherwise unable to make the said functionnecessary appointments, the next most senior Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited and who is able to make the necessary appointmentsappointments may be invited to do so. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions . (6) The tribunal's decision shall be final and binding on both the Contracting Parties. . (7) Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its representation in the arbitral proceedings; arbitration proceedings and half the cost costs of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Partiescosts. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Partiesparties, and this award shall be binding on both Contracting Parties. The . (8) Apart from the above the tribunal shall determine establish its own proceduresrules f procedure.