Disputes between a Contracting Party and an Investor of the other Contracting Party Sample Clauses

Disputes between a Contracting Party and an Investor of the other Contracting Party. 1. For the purpose of resolving disputes between the Contracting Party and the investor of the State of the second Contracting Party in relation to the investment, without breaching the provisions of Article 9 of this Agreement, consultations will be held among the interested parties. 2. If consultations do not lead to resolution of the dispute within six months from the date of the written proposal to start consultations, either party may apply to the arbitration court for resolution of the dispute. 3. The arbitration court will be created for each individual case. If the parties to the dispute do not agree otherwise, each of them will appoint one arbitrator. The appointed arbitrators elect a chairman who will be a citizen of a third state. Arbitrators must be appointed within two months from the date of receipt of the request for referral of the dispute for consideration by the arbitral tribunal, and the chairman - within the next two months. 4. If the terms specified in paragraph 3 of this article have not been fulfilled, any of the parties to the dispute, in the absence of other agreements, may apply to the President of the Court of Arbitration at the International Chamber of Commerce in Paris with a request to make the necessary appointments. If the President is unable to perform the specified function or is a national of the Contracting Party, mutatis mutandis the provisions of paragraph 5 of Article 9 of this Agreement. 5. Unless otherwise agreed by the parties, the court shall establish its own rules of procedure. The decisions of the court are final and binding. Each of the Contracting Parties shall ensure on its territory recognition and enforcement of the decisions of the arbitral tribunal. 6. Each of the parties to the dispute shall bear the costs of maintaining its member of the court and in accordance with its own share in the arbitration procedure. The costs of the Chairman's maintenance and other expenses will be borne in equal parts as parties to the dispute. 7. A Contracting Party, being a party to a dispute, can not, at any stage of the arbitration procedure or the execution of a court decision, invoke the fact that the investor has received as a result of the insurance contract a refund covering all or part of the loss incurred. 8. In the event that the two Contracting Parties become parties to the Convention of 18 March 1965 on the settlement of disputes concerning investments between States and nationals of other States, disputes will...
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Disputes between a Contracting Party and an Investor of the other Contracting Party. 1. The parties to the dispute will try to resolve the contradictions have arisen between them with respect to investment- friendly way. 2. If a dispute regarding investments between one Contracting Party and an investor of the other Contracting Party can not be settled amicably, the investor of one Contracting Party shall submit a written statement on the settlement of the dispute to another Contracting Party, its investments have been made in whose territory. In case of failure to settle the said dispute within six months from the date of filing of this statement dispute at the request of either party, and at the option of the investor will be sent: In ah hoc tribunal for arbitration in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (TSYOTKA); or The International Centre for Settlement of Investment Disputes (1S8GO), established under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 18 March 1965 for the arbitration proceedings in accordance with the rules 1S8GO. 3. The arbitration decision shall be final and binding on both parties to the dispute. Each Contracting Party shall execute them in accordance with its laws and the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention, 1958). The arbitration will be held in a state that is a party to the New York Convention.
Disputes between a Contracting Party and an Investor of the other Contracting Party. (1) For the purpose of solving disputes with respect to investments between a Contracting Party and an investor of the other contracting party and without prejudice to the provisions of article 10 of this Agreement (disputes between contracting parties), consultations will take place between the parties concerned. (2) If these consultations do not solution within six months from the date on which the dispute has been raised, the dispute shall be submitted, at the request of the investor, to an arbitral tribunal. (3) The arbitral tribunal in accordance with subparagraph (2) of this article shall be set up from case to case, as follows: (a) Unless the parties to the dispute decide otherwise, each party shall appoint one arbitrator and these two arbitrators shall nominate a Chairman who shall be a national of a third State. the arbitrators shall be appointed within two months from the receipt of the request to submit the dispute to arbitration and the Chairman shall be appointed within two months. (b) If the time limits referred to in subparagraph (a) of this article have not been observed, each Party to the dispute may, in the absence of any other agreement, invite the President of the Court of Arbitration of the International Chamber of Commerce in Paris to make the necessary appointments. (c) If in the cases specified under subparagraph (b) of this article, the President of the Court of Arbitration of the International Chamber of Commerce in Paris is prevented from exercising his mandate or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President and if the latter is prevented or if he is a national of either Contracting Party, they will be made by the most senior member of the Court who is not a national of either of the Contracting Parties. (d) Each Contracting Party shall ensure the recognition and enforcement of the arbitral award. (4) Neither Contracting Party shall pursue through diplomatic channels a dispute submitted to arbitration under this section unless the other contracting party does not comply with the award rendered by an arbitral tribunal. (5) If both parties are contracting parties to the Convention of 18 March 19651 for the Settlement of Investment Disputes between States and Nationals of Other States, the dispute shall, at the request of the investor submitted to the International Centre for Settlement of Investment Disputes (c.i.r.d.i.) in lieu of the procedure referred to in paragraph (3) of...
Disputes between a Contracting Party and an Investor of the other Contracting Party. 1. Any dispute which may arise between one Contracting Party and an investor of the other Contracting Party concerning an investment of that investor in the territory of the former Contracting Party shall be settled amicably through negotiations. 2. If such dispute cannot be settled within a period of six (6) month from the date of request for settlement, the investor concerned may submit the dispute to: a) The competent court of the Contracting Party for decision; or b) The International Center for the Settlement of Investments Disputes (ICSID) through conciliation or arbitration, established under the Convention on the Settlement of investments Disputes between States and Nationals of other States, opened for signature in Washington D.C. on March 18, 1965. 3. Neither Contracting Party shall pursue through diplomatic channels any matter referred to arbitration until the proceedings have terminated and a Contracting Party has failed to abide by or to comply with the award rendered by the International Center for the Settlement of Investments Disputes. 4. The award shall be enforceable on the parties and shall not be subject to any appeal or remedy other than that provided for in the said Convention. The award shall be enforceable in accordance with the domestic law of the Contracting Party in whose territory the investment in question is situated.
Disputes between a Contracting Party and an Investor of the other Contracting Party. Disputes relating to investments between a Contracting Party and an investor of the other Contracting Party, such as the scope, conditions and formalities for the payment of compensation, shall be settled by consultation to the extent possible. If the consultations do not lead to a solution within six months of the dispute arising, the disputes shall be submitted for examination; (A) to the competent court or arbitral tribunal of the Contracting Party in whose territory the investment was made;
Disputes between a Contracting Party and an Investor of the other Contracting Party. 1. For the purpose of solving disputes with respect to investments between a Contracting Party and an investor of the other Contracting Party and without prejudice to Article 10 of this Agreement (Disputes between the Contracting Parties), consultations will take place between the parties concerned. 2. If these consultations do not result in a solution within six months from the date of the written request for consultations, the investor may submit the dispute either to the courts or the administrative tribunals of the Contracting Party in whose territory the investment has been made or to international arbitration. In the latter event the investor has the choice between either of the following: a) the International Centre for Settlement of Investment Disputes (ICSID) provided for by the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington, on March 18, 1965 (hereinafter the “Convention of Washington”); or b) an ad hoc-arbitral tribunal which, unless otherwise agreed upon by the parties to the dispute, shall be established under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). 3. Each Contracting Party hereby consents to the submission of an investment dispute to international arbitration. 4. A company which has been incorporated or constituted according to the laws in force in the territory of one Contracting Party and which before a dispute arises was under the control of investors of the other Contracting Party shall, in accordance with Article 25 (2) (b) of the Convention of Washington, be treated as a company of the other Contracting Party. 5. The Contracting Party which is party to the dispute shall at no time whatsoever during the process assert as a defence its immunity or the fact that the investor has received or will receive, by virtue of an insurance contract, a compensation covering the whole or part of the incurred damage. 6. Neither Contracting Party shall pursue through diplomatic channels a dispute submitted to international arbitration unless the other Contracting Party does not abide by and comply with the arbitral award. 7. The arbitral award shall be final and binding for the parties to the dispute and shall be executed without delay according to the law of the Contracting Party concerned.
Disputes between a Contracting Party and an Investor of the other Contracting Party. (1) For the purpose of resolving disputes concerning investments, consultations between the parties to the dispute will be held between one Contracting Party and the investor of the other Contracting Party for the peaceful settlement of the dispute. (2) If such consultations do not lead to a resolution within six months from the date of filing of the application for settlement, the investor may refer the dispute for resolution to the investor of his choice: (A) the competent court of the Contracting Party in whose territory the investment has been made; or (B) the International Centre for Settlement of Investment Disputes (ICSID), established by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, opened for signature in Washington on March 18, 1965; or (C) an "ad hoc" arbitral tribunal, which, unless the parties to the dispute agree otherwise, shall be established in accordance with the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). (3) Each Contracting Party hereby consents to the transfer of an investment dispute to international arbitration. (4) A disputing Contracting Party shall not, at any stage of the dispute settlement or enforcement procedure, invoke its immunity or the fact that an investor of the other Contracting Party has received compensation under an insurance contract indemnifying it for losses incurred in whole or in part.
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Disputes between a Contracting Party and an Investor of the other Contracting Party. Each Contracting Party hereby consents to submit any legal dispute arising between that Contracting Party and an investor of the other Contracting Party concerning an investment of that investor in the territory of the former Contracting Party to: a) The International Centre for Settlement of Investment Disputes (ICSID), for settlement by arbitration or conciliation under the Convention on the Settlement of Investment Disputes between States and Nationals of other States, opened for signature at Washington on 18 March 1965; b) The International Centre for Settlement of Investment Disputes under the Rules Governing the Additional Facility for the Administration of Proceedings by the Secretariat of the Centre (Additional Facility Rules), if one of the Contracting Parties is not a Contracting State of the Convention as mentioned in paragraph a) of this Article; c) An international ad hoc arbitral tribunal under the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), if none of the Contracting Parties is a Contracting State of the Convention as mentioned in paragraph a) of this Article. A legal person which is a national of one Contracting Party and which before such a dispute arises is controlled by nationals of the other Contracting Party shall, in accordance with Article 25 (2) (b) of the Convention, for the purpose of the Convention be treated as a national of the other Contracting Party.
Disputes between a Contracting Party and an Investor of the other Contracting Party. 1. For the purpose of solving disputes with respect to investments between a Contracting Party and an investor of the other Contracting Party and without prejudice to Article 9 of this Agreement (Disputes between Contracting Parties), consultations will take place between the parties concerned with a view to solve the case amicably. 2. If these consultations do not result in a solution within six months from the date of request for settlement, the investor may submit the dispute, at his choice, for settlement to: (a) the competent court of the Contracting Party in which territory the investment has been made; or (b) an ad hoc arbitral tribunal which, unless otherwise agreed upon by the parties to the dispute, shall be established as specified in paragraphs 2-6 of Article 9 of this Agreement. 3. Each Contracting Party hereby consents to the submission of an investment dispute to international arbitration. The awards of the arbitral tribunal shall be final and binding on both parties to the dispute. 4. The Contracting Party, which is party to the dispute shall at no time whatsoever during the settlement procedure or the execution of the sentence allege as A defense its immunity or the fact that the investor has received compensation under an insurance contract covering the whole or part of the incurred damage or loss. 5. Neither Contracting Party shall pursue through diplomatic channels a dispute submitted to international arbitration unless the other Contracting Party does not abide by and comply with the award rendered by an arbitral tribunal.
Disputes between a Contracting Party and an Investor of the other Contracting Party. (1) In order to resolve disputes between a Contracting Party and an investor of the other Contracting Party, and without prejudice to Article 10 of this Agreement (Disputes between Contracting Parties), consultations shall be held between the parties concerned. (2) If such consultations do not result in a solution within six months of the request for consultations, the investor may submit the dispute, at its option (a) to the International Centre for Settlement of Investment Disputes (ICSID), established by the Washington Convention of March 18, 1965, for the Settlement of Investment Disputes between States and Nationals of Other States; or (b) to an ad hoc arbitral tribunal which, unless the parties to the dispute otherwise agree, shall be constituted under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL). (3) The Contracting Party to the dispute may not, at any stage of the proceedings, rely on its immunity or on the fact that the investor has received, under an insurance contract, compensation covering all or part of the damage suffered. (4) Neither Contracting Party shall seek to settle by diplomatic means a dispute submitted to international arbitration unless the other Contracting Party does not comply with the arbitral award. (5) The arbitral award shall be final and binding on the parties to the dispute.
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