Common use of Disputes between Contracting Parties Clause in Contracts

Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation and application of the provisions of this agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration tribunal of three members. Each Contracting Party shall appoint arbitrator and these two arbitrators shall nominate a Chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 10 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

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Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation and or application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration arbitral tribunal of three members. Each Contracting Party shall appoint arbitrator one arbitrator, and these two arbitrators shall nominate a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on for each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 9 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between the Contracting Parties regarding concerning the interpretation and or application of the provisions of this agreement shall Agreement should, if possible, be settled through diplomatic channels. (2) If both a dispute between the Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselvesthus be settled, the latter shall, upon request of either Contracting Party, be submitted to an arbitration tribunal of three members. Each Contracting Party it shall appoint arbitrator and these two arbitrators shall nominate a Chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following day. 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. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International international Court of Justice to make the necessary appointments. If the President is prevented from carrying out the said function 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, the appointment shall be made by the Vice-President, and if the latter is prevented or if he too is national of either Contracting Partyprevented from discharging the said function, the appointment shall be made by the most senior Judge member of the international Court of Justice next in seniority who is not a national of either Contracting Party.paragraphs (3) Party and (4) of this Article, the President of International Court of Justice who is not otherwise prevented from carrying out discharging the said function or if he is a national of either Contracting Party, the appointment shall be made by invited to make the Vice-President, and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Partynecessary appointments. (65) Subject to other provisions made by the Contracting Parties, the The arbitral tribunal shall determine search its procedure. The tribunal shall reach its decisions decision by a majority of votes. (7) . Such decision shall be binding on both Contracting Parties. The decisions cost of the Chairman and the members of the tribunal are final and binding on each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedure.

Appears in 4 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between The Contracting Parties shall endeavour to resolve any difference between them regarding the interpretation and or application of the provisions of this agreement shall be settled through diplomatic channelsAgreement by friendly negotiations. (2) If both Contracting Parties the difference cannot reach an agreement thus be settled within six months after following the beginning date of notification of the dispute between themselvesdifference, the latter shall, upon request of either Contracting Party, be submitted Party may submit it to an arbitration tribunal Ad-hoc Arbitral Tribunal in accordance with this Article. (3) The Arbitral Tribunal shall be formed by three members and shall be constituted as follows: within two months of three members. Each the notification by a Contracting Party of its wish to settle the dispute by arbitration, each Contracting Party shall appoint arbitrator and these one arbitrator. These two arbitrators members shall nominate then, within thirty days of the appointment of the last one, agree upon a Chairman third member who shall be a national of a third State, which maintains diplomatic relations with both country and who shall act as the Chair. The appointment of the Chair shall be approved by the Contracting PartiesParties within thirty days of that person's nomination. (4) If, within the time limits provided for in paragraph (2) and (3) If one of this Article the Contracting Parties required appointment has not appointed its arbitrator and been made or the required approval has not followed the invitation of the other been given, either Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the may request of that Contracting Party by the President of the International Court of Justice. (4) Justice to make the necessary appointments. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function or if he that person is a national of either Contracting Party, the appointment appointments shall be made by the Vice-President, and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function or if he that person 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 national of either Contracting Party, the appointment appointments shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. The third member appointed in accordance with this paragraph shall not be a national of either Contracting Party, and shall act as the Chair. (5) The Tribunal shall reach a written decision by a majority vote and shall determine its procedure. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member cost of the tribunal arbitrator it has appointed and of its representation in the arbitration arbitral proceedings; the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. Parties unless agreed otherwise. (7) The tribunal may, however, decide that a higher proportion decisions of costs the Arbitral Tribunal shall be borne by one of the two Contracting Parties final and this award shall be binding on both Contracting Parties.

Appears in 3 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation and or application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration arbitral tribunal of three members. Each Contracting Party shall appoint arbitrator one arbitrator, and these two arbitrators shall nominate a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on for each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 3 contracts

Samples: Investment Agreement, Bilateral Investment Treaty, Bilateral Investment Treaty

Disputes between Contracting Parties. (1) Disputes Any dispute between the Contracting Parties regarding concerning the interpretation and or application of the provisions of this agreement shall Agreement shall, if possible, be settled through diplomatic channelsconsultations and negotiations between the Governments of the two Contracting Parties. (2) If both Contracting Parties cannot reach an agreement In the event that the consultations and negotiations fail to resolve the dispute within a period of six months after the beginning months, any of the Parties may, unless they have otherwise agreed, submit the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration arbitral tribunal composed of three members. Each Contracting Party shall appoint arbitrator one arbitrator. The third arbitrator, who will be the Chairman of the arbitral tribunal and these two arbitrators shall nominate a Chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Partiesshall be appointed by agreement of the other two arbitrators. If any of the arbitrators are unable to perform the duties, a substituting arbitrator shall be appointed as provided for in this Article. (3) If Should one of the Contracting Parties fail to appoint its arbitrator within two months after the other Party has not submitted the dispute to an arbitral tribunal and has appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two monthsarbitrator, the arbitrator shall be appointed upon the latter Party may request of that Contracting Party by the President of the International Court of JusticeJustice to make the corresponding appointment. If the latter is prevented from making such appointment or is a national of either Party, the Vice President or the most senior member of the Court shall make such an appointment. (4) If both In the event that the two arbitrators cannot appointed by the Parties are unable to reach an agreement about the choice of the chairman within two months after their appointmentconcerning the third arbitrator, the latter shall be appointed upon the either Party may request of either Contracting Party by the President of the International Court of JusticeJustice to make the corresponding appointment. If the latter is prevented from making such an appointment or is a national of either Party, the Vice President or the most senior member of the Court shall make such an appointment. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the The tribunal shall determine its procedureown procedures, unless the Parties agree otherwise. The tribunal shall decide the dispute according to this Agreement and to the principles of international law. The tribunal shall reach its decisions decision by a majority of votes. (7) The decisions of the tribunal are . Such a decision shall be final and binding on each Contracting Partyboth Parties. (8) 6) Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration arbitral proceedings; the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Disputes between Contracting Parties. (1) Disputes Any dispute between the Contracting Parties regarding concerning the interpretation and or application of the provisions of this agreement shall present Agreement, which cannot be settled within a period of six months through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, upon unless the Parties have otherwise agreed, be submitted, at the request of either Contracting Party, be submitted to an arbitration tribunal arbitral tribunal, composed of three members. Each Contracting Party shall appoint one arbitrator and these the two arbitrators thus appointed shall nominate together appoint a Chairman third arbitrator as their chairman who shall be is not a national of a third State, which maintains diplomatic relations with both Contracting Partieseither Party. (32) If lf one of the Contracting Parties has not appointed fails to appoint its arbitrator and has not followed the proceeded to do so within two months after an invitation of from the other Contracting Party to make that appointment within two monthssuch appointment, the arbitrator shall be appointed upon latter Party may invite the request President of that Contracting the Intenational Court of Justice to make the necessary appointment. 3) If the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, either Party by may invite the President of the International Court of JusticeJustice to make the necessary appointment. (4) If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) Iflf, in the case specified under cases provided for in the paragraphs (32) and (43) of this Article, the President of the International Court of Justice is prevented from carrying out discharging the said function or if he is a national of either Contracting Party, the appointment Vice-President shall be made by invited to make the necessary appointments. lf the Vice-President, and if the latter President is prevented from discharging the said function or if he is a national of either Contracting Party, the appointment shall be made by Party the most senior Judge member of the Court available who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment Party shall be made by invited to make the Vice-Presidentnecessary appointments. 5) The tribunal shall decide on the basis of respect for the law. Before the tribunal decides, and it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting PartyParties so agree. (6) Subject to other provisions made by Unless the Contracting PartiesParties decide otherwise, the tribunal shall determine its own procedure. . 7) The tribunal shall reach its decisions decision by a majority of votes. (7) The decisions of the tribunal are . Such decision shall be final and binding on each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 3 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Disputes between Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, as far as possible, be settled amicably. 2. If such a dispute has not been settled in accordance with paragraph (1) Disputes between Contracting Parties regarding the interpretation and application of the provisions of this agreement Article within a period of three months from the date at which either Contracting Party requested negotiations, it shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after at the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, Party be submitted to an arbitration tribunal. 3. Such an arbitral tribunal of three members. Each Contracting Party shall appoint arbitrator and these two arbitrators shall nominate a Chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties.constituted for each individual case in the following way: 4. If within the periods specified in paragraph (3) If one of this Article the Contracting Parties has necessary appointments have not appointed its arbitrator and has not followed the invitation of the other been made, either Contracting Party to make that appointment within two monthsmay, in the arbitrator shall be appointed upon the request absence of that Contracting Party by any other agreement, invite the President of the International Court of Justice. (4) Justice to make the necessary appointments. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting PartyParty or if he/she is otherwise prevented from discharging the said function, the appointment Vice- President shall be made by invited to make the necessary appointments. If the Vice-President, and if the latter President is prevented or if he is a national of either Contracting PartyParty or if he/she too is prevented from discharging the said function, the appointment shall be made by the most senior Judge Member of the International Court of Justice next in seniority who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment Party shall be made by invited to make the Vice-President, necessary appointments. 5. The Chairman and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge members of the Court who is not a national tribunal have to be nationals of either States with which both Contracting PartyParties maintain diplomatic relations. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The arbitral tribunal shall reach its decisions decision on the basis of the provisions of the present Agreement as well as the generally accepted principles and rules of international law. The arbitral tribunal reaches its decision by a majority of votes. (7) The decisions of the tribunal are . Such decision shall be final and binding on each both Contracting PartyParties. The tribunal determines its own procedure. (8) 7. Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration arbitral proceedings; the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Disputes between Contracting Parties. (1) . Disputes between Contracting Parties regarding the interpretation and application of the provisions of this agreement Agreement shall be settled by consultation and negotiation through diplomatic channels. (2) . If both Contracting Parties cannot reach an agreement Agreement within six twelve months after the beginning of the dispute between themselves, the latter shall, shall upon request of either Contracting Party, be submitted to an arbitration tribunal of three members. Each Contracting Party shall appoint arbitrator and these two arbitrators shall nominate a Chairman who which shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties.constituted as follows: (3) . If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) . If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) . If, in the case cases specified under paragraphs (3) 3 and (4) 4 of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties. If not agreed otherwise, the tribunal shall determine its procedureprocedures. The tribunal shall reach its decisions by a majority of votes. (7) . The decisions of the tribunal are final and binding on for each Contracting Party. (8) 8. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration arbitral proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties Parties, and this award shall be binding on both Contracting Parties.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Disputes between Contracting Parties. (1) Disputes between the Contracting Parties regarding concerning the interpretation and or application of the provisions of this agreement shall Agreement should, if possible, be settled through diplomatic channels. (2) If both a dispute between the Contracting Parties cannot reach an agreement within six months after thus be settled, it shall upon the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, Party be submitted to an arbitration arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of three members. Each the receipt of the request for arbitration, each Contracting Party shall appoint arbitrator and these one member of the tribunal. Those two arbitrators members shall nominate a Chairman who shall be then select a national of a third State, which maintains diplomatic relations with both State who on approval by the two Contracting PartiesParties 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) If one of this Article the Contracting Parties has necessary appointments have not appointed its arbitrator and has not followed the invitation of the other been made, either Contracting Party to make that appointment within two monthsmay, in the arbitrator shall be appointed upon the request absence of that Contracting Party by any other agreement, invite the President of the International Court of Justice. (4) Justice to make the necessary appointments. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request President is a national of either Contracting Party by the President of the International Court of Justice. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the Vice-President, and if the latter is prevented or if he too is national of either Contracting Partyprevented from discharging the said function, the appointment shall be made by the most senior Judge member of the International Court of Justice next in seniority who is not a national of either Contracting Party.paragraphs (3) Party and (4) of this Article, the President of International Court of Justice who is not otherwise prevented from carrying out discharging the said function or if he is a national of either Contracting Party, the appointment shall be made by invited to make the Vice-President, and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Partynecessary appointments. (65) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The arbitral tribunal shall reach its decisions decision by a majority of votes. (7) . Such decision shall be binding on both Contracting Parties. The decisions cost of the Chairman and the members of the tribunal are final and binding on each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between The Contracting Parties shall endeavour to resolve any difference between them regarding the interpretation and or application of the provisions of this agreement Agreement by friendly negotiations. If the difference cannot thus be settled within six (6) months following the date of notification of the difference, either Contracting Party may submit it to an ad hoc Arbitral Tribunal in accordance with this Article. The Arbitral Tribunal shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement formed by three members and shall be constituted as follows; within six two months after the beginning of the notification by a Contracting Party of its wish to settle the dispute between themselvesby arbitration, the latter shall, upon request of either Contracting Party, be submitted to an arbitration tribunal of three members. Each each Contracting Party shall appoint arbitrator and these one arbitrator. These two arbitrators members shall nominate then, within thirty days of the appointment of the last one, agree upon a Chairman third member who shall be a national of a third State, country which maintains has diplomatic relations with both Contracting Parties. Parties and who shall act as the Chairperson. The appointment of the Chairperson shall be approved by the Contracting Parties within thirty days of that person`s nomination. If within the time limits provided for in paragraph (2) and (3) If one of this Article the Contracting Parties required appointment has not appointed its arbitrator and been made or the required approval has not followed the invitation of the other been given, either Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the may request of that Contracting Party by the President of the International Court of Justice. (4) Justice to make the necessary appointment. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function or if he that person 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 that person is a national of either Contracting Party, the appointment shall be made by the most senior Judge judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Copntracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member cost of the tribunal arbitrator it has appointed and of its representation in the arbitration arbitral proceedings; the costs . The cost of the chairman Chairperson and the remaining costs shall be borne in equal parts by the Contracting PartiesParties unless agreed otherwise. The tribunal may, however, decide that a higher proportion decisions of costs the Arbitral Tribunal shall be borne by one of the two Contracting Parties final and this award shall be binding on both Contracting Partiesbinding.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Disputes between Contracting Parties. (1) Disputes between the Contracting Parties regarding concerning the interpretation and or application of the provisions of this agreement shall Agreement should, if possible, be settled through diplomatic channels. (2) If both a dispute between the Contracting Parties cannot reach an agreement within six months after thus be settled, it shall upon the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, Party be submitted to an arbitration arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of three members. Each the receipt of the request for arbitration, each Contracting Party shall appoint arbitrator and these one member of the tribunal Those two arbitrators members shall nominate a Chairman who shall be then select a national of a third State, which maintains diplomatic relations with both State who on approval by the two Contracting PartiesParties 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) If one of this Article the Contracting Parties has necessary appointments have not appointed its arbitrator and has not followed the invitation of the other been made, either Contracting Party to make that appointment within two monthsmay, in the arbitrator shall be appointed upon the request absence of that Contracting Party by any other agreement, invite the President of the International Court of Justice. (4) Justice to make the necessary appointments. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request President is a national of either Contracting Party by the President of the International Court of Justice. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make necessary appointments. If the Vice President 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 too is national of either Contracting Partyprevented from discharging the said function, the appointment shall be made by the most senior Judge member of the International Court of Justice next in seniority who is not a national of either Contracting Party.paragraphs (3) Party and (4) of this Article, the President of International Court of Justice who is not otherwise prevented from carrying out discharging the said function or if he is a national of either Contracting Party, the appointment shall be made by invited to make the Vice-President, and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Partynecessary appointments. (65) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The arbitral tribunal shall reach its decisions decision by a majority of votes. (7) . Such decision shall be binding on both Contracting Parties. The decisions cost of the Chairman and the members of the tribunal are final and binding on each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the contracting parties concerning the interpretation and or application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties the contracting parties cannot reach an agreement within six twelve months after the beginning of the dispute between themselvesshall be submitted, at the latter shall, upon request of either Contracting Party, be submitted contracting party to an arbitration arbitral tribunal composed of three members. Each Contracting Party shall appoint one arbitrator and these the two arbitrators shall nominate appoint a Chairman President who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed in response to the invitation of the other Contracting Party contracting party to make that appointment within two months, the arbitrator shall be appointed upon appointed; at the request of that Contracting Party by the President of the International Court of Justice. (4) If both the two arbitrators cannot reach an agreement about the choice of the chairman Chairman within two months after their appointment, appointment the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, If in the case cases specified under paragraphs (3) and (4) of this Article), the President of the International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the judge of the Court of greater seniority who is not a national of either party contratantes.parágrafos (3) and (4), the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President, President and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge judge of the Court of greater seniority who is not a national of either Contracting Party. (6) Subject to other provisions made by of the Contracting Parties. 6) Unless the parties agree otherwise, the tribunal shall determine its own procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal Tribunal are final and binding on each Contracting Partythe contracting parties. (8) Each Contracting Party shall bear the costs of its own member cost of the tribunal arbitrator it has appointed and of its representation in the arbitration proceedings; the costs representation. The cost of the chairman and remaining Chairman as well as any other costs incurred in shall be borne removed in equal parts by the Contracting Parties. The tribunal may, however, decide 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 Partiescontracting parties.

Appears in 2 contracts

Samples: Investment Promotion and Protection Agreement, Investment Agreement

Disputes between Contracting Parties. (1) Disputes between the Contracting Parties regarding the interpretation and or application of the provisions of this agreement Agreement shall be settled through by diplomatic channelsmeans. (2) If both the two Contracting Parties cannot fail to reach an agreement a settlement within six twelve months after the beginning of the dispute between themselvesarising, the latter dispute shall, upon at the request of either Contracting Party, be submitted to an arbitration arbitral tribunal composed of three members. Each Contracting Party shall appoint arbitrator and these one arbitrator. The two arbitrators so appointed shall nominate appoint a Chairman chairman who shall be a national of a third State, State with which maintains diplomatic relations with both Contracting PartiesParties maintain diplomatic relations. (3) If one of the a Contracting Parties has not appointed Party fails to designate its arbitrator and has does not followed comply with the invitation request of the other Contracting Party to make that appointment do so within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of JusticeJustice at the request of the latter Contracting Party. (4) If both the two arbitrators cancan not reach an agreement about agree on the choice election of the chairman within two months after of their appointmentdesignation, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of JusticeJustice at the request of one of the two Contracting Parties. (5) If, in the case specified under paragraphs (3) and (4) of this Article, If the President of the International Court of Justice is prevented from carrying out exercising his mandate in the said function cases referred to in paragraph (3) and paragraph (4), or if he is a national of either Contracting Party, the appointment appointments shall be made by the Vice-President, and if . If the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is also prevented from carrying out the said function or if he is becoming 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 national of either Contracting Party, the appointment appointments shall be made by the most senior Judge member of the Court of Justice who is not a national of either a Contracting Party. The chairman and the members of the arbitrator thus appointed shall be nationals of such a State with which both Contracting Parties maintain diplomatic relations. (6) Subject to other provisions made by Unless the Contracting PartiesParties determine otherwise, the arbitral tribunal shall determine regulate its procedure. own procedures. (7) The arbitral tribunal shall reach make its decisions by a majority of votes. (7) The . Its decisions of the tribunal are final and binding on each Contracting Partyfor the contractual parties. (8) Each Contracting Party shall bear the costs of its own member of the tribunal arbitrator designated by it and the costs of its representation in the arbitration proceedings; the . The costs of for the chairman and remaining as well as the other costs shall be are borne in equal parts equally by the Contracting Partiesboth contracting parties. The tribunal may, however, decide that arbitration court may also determine a higher proportion of costs shall be borne by one of the two Contracting Parties and this award shall be binding on both Contracting Partiesdifferent cost rule.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between the Contracting Parties regarding concerning the interpretation and application of the provisions of this agreement shall Agreement should as far as possible be settled through diplomatic channelsnegations between the Contracting Parties. (2) If both Contracting Parties such a dispute cannot reach an agreement be settled within six months after from the beginning of negotiation, it shall upon the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way: Within three months of three members. Each the receipt of the request for arbitration, each Contracting Party party shall appoint arbitrator and these one member of the tribunal. Those two arbitrators members shall nominate a Chairman who shall be then select a national of a third State, which maintains diplomatic relations with both who on approval by the Contracting PartiesParties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within three months from the date of appointment of the other two members. (34) If one within any of the periods specified the necessary appointments have not been made, either Contracting Parties has not appointed its arbitrator and has not followed Parts may, in the invitation absence of the any other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by agreement invite the President of the International Court of Justice. (4) Justice to make any necessary appointments. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 Party or if he is otherwise presented 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 PartyParts or if he, the appointment shall be made by the most senior Judge too, is prevented from discharging said function. The Member of the International Court of Justice next in seniority who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment Parts shall be made by invited to make the Vice-President, and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Partynecessary appointment. (65) Subject to The arbitral tribunal shall apply the provisions of this Agreement, other provisions made by agreements concluded between the Contracting Parties, Parties and the tribunal shall determine its procedureprocedural standards called for by International law. The tribunal It shall reach its decisions by a majority of votes. Such decision shall be Final and binding on both Contracting Parties. The Tribunal shall, upon the request of either Contracting Party, state the reason upon which the award is based. The arbitral tribunal determines its own procedure. (76) The decisions of the tribunal are final and binding on each Contracting Party. (8) Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration arbitral proceedings; the costs . The cost of the chairman Chairman and the remaining costs cost shall be borne in equal parts by the Contracting Parties. The tribunal Tribunal may, however, decide however in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties Parties, and this award shall be binding on in both Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between In the event of a dispute concerning this agreement and on any issue of interpretation or application, the Contracting Parties regarding agree to consult and negotiate. they shall cooperate with the interpretation understanding required in these consultations and application of the provisions of this agreement shall be settled through diplomatic channelsnegotiations. (2) If both Contracting Parties canthe consultations and negotiations do not reach an agreement resolve within six months after the beginning of the request to initiate and unless the contracting parties agree otherwise, either of them may submit the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration arbitral tribunal composed of three members. Each each Contracting Party shall appoint an arbitrator. the third arbitrator who shall be the Chair of the Arbitral Tribunal and these two arbitrators shall nominate a Chairman who shall be a national of a third State, which maintains diplomatic relations shall be appointed by agreement of the other two arbitrators. if any of the arbitrators is unable to perform its functions, a replacement shall be appointed in accordance with both Contracting Partiesthis article. (3) If one of the a Contracting Parties Party has not appointed its arbitrator and has not followed within two months of the invitation of receipt by the other Contracting Party the dispute to make that appointment within two monthsarbitration and the name of the arbitrator, the arbitrator shall be appointed upon the request of that latter Contracting Party by may invite the President of the International Court of JusticeJustice to make the appointment. if the latter is prevented or if he is a national of either Contracting Party, the Vice-President or the most senior member of the court will conduct the designation. (4) If both the two arbitrators appointed by the Contracting Parties cannot reach an agreement about the choice of the chairman third arbitrator within two months after their appointment, appointment the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in . if the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice latter is prevented from carrying out the said function 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 President or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge member of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, court will conduct the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Partydesignation. (65) Subject to other provisions made by Unless the Contracting PartiesParties decide otherwise, the tribunal shall determine its own rules of procedure. The tribunal it shall reach act in accordance with this Agreement and other relevant agreements between the Contracting Parties and other rules of international law, and shall take proper account of relevant national legislation. it shall take its decisions by a majority of the votes. (7) The decisions of the tribunal are ; they shall be final and binding on each Contracting Partyboth contracting parties. (8) 6) Each Contracting Party shall bear the costs of its own member of the tribunal Tribunal and of its representation in the arbitration proceedings; . the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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 Partiescontracting parties.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation and or application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after from the beginning date on which either Contracting Party has requested in writing the settlement of disputes to the dispute between themselvesother Contracting Party, the latter disputes shall, upon request of either Contracting Party, be submitted for settlement to an arbitration arbitral tribunal. (3) The arbitral tribunal mentioned in paragraph 2) of this Article shall be composed of three membersarbitrators. Each Contracting Party shall appoint arbitrator and these one arbitrator. The two arbitrators shall nominate a Chairman the third arbitrator who shall be is a national of a third State, State which maintains has diplomatic relations with both Contracting Parties, and the third arbitrator shall be appointed the chairman of the tribunal by both Contracting Parties. (34) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two monthsmonths after its appointment, the arbitrator latter shall be appointed upon the request of that either Contracting Party by the President of the International Court of Justice. (45) If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (56) If, in the case cases specified under paragraphs (34) and (45) of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most next senior Judge of the Court who is not a national of either Contracting Party. (67) Subject to other provisions made by the Contracting Parties, the The arbitral tribunal shall determine its procedureown procedures. The arbitral tribunal shall reach decide its decisions award by a majority of votes. (7) The decisions of the tribunal are . Such award is final and binding on for each Contracting Party. (8) Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation counsel in the arbitration arbitral proceedings; the costs . The cost of the chairman and the remaining costs shall be borne in equal parts by the both Contracting Parties. The arbitral tribunal may, however, decide 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.

Appears in 2 contracts

Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement

Disputes between Contracting Parties. (1) . Disputes between Contracting Contacting Parties regarding the interpretation and or application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) . If both Contracting Parties cannot reach an agreement within six twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration arbitral tribunal of three members. Each Contracting Party shall appoint arbitrator one arbitrator, and these two arbitrators shall nominate a Chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) . If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) . If both arbitrators cannot reach an agreement about the choice of the chairman Chairman within two months after their them appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) . If, in the case cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. Such appointment shall be made within three months beginning fr om the date of request for settlement. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The arbitral tribunal shall reach its decisions decision by a majority of votes. (7) The decisions of the tribunal are final and . Such decision shall be binding on each both Contracting Party. (8) Parties. Each Contracting Party shall bear the costs cost of its own member of in the tribunal and of its representation in the arbitration arbitral proceedings; the costs cost of the chairman Chairman and of his representation in the arbitral proceedings and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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 Partiesdetermine its own procedure.

Appears in 1 contract

Samples: Investment Agreement

Disputes between Contracting Parties. (1) Disputes between Contracting Parties contracting parties regarding the interpretation and application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cannot contracting parties fail to reach an agreement a settlement within six 12 months after from the beginning of date on which the dispute between themselveshas arisen, the latter shallshall be submitted, upon at the request of either Contracting Party, be submitted contracting party to an arbitration arbitral tribunal composed of three members. Each each Contracting Party shall appoint arbitrator and these an arbitrator. the two arbitrators so nominated shall nominate appoint a Chairman chairman who shall be a national of a third State, which maintains State through diplomatic relations with both Contracting Partiescontracting parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party contracting party to make that such appointment within two months, months of the arbitrator shall be appointed appointed, upon request by the request of that latter Contracting Party by the President of the International Court of Justice. (4) If both the two arbitrators cannot reach an agreement about the choice of the chairman Chairman within two months after their appointment, appointment the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, If in the case cases specified under paragraphs (3) and (4) of this Articlearticle, the President of the International Court of Justice is prevented from carrying out the said function exercising his mandate or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President, President and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall they will be made by the most senior Judge member of the Court who is not a national of either of the Contracting PartyParties. (6) Subject to other provisions made by Unless the Contracting PartiesParties decide otherwise, the tribunal shall determine its own procedure. The the tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal Tribunal are final and binding on each Contracting Partythe contracting parties. (8) Each Contracting Party shall bear the costs of its own member of the tribunal Tribunal and of its representation in the arbitration proceedings; the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Contracting Partiescontracting parties. The tribunal the Tribunal may, however, decide that a higher proportion of costs shall be borne by one of the two Contracting Parties shall bear a higher proportion of costs and this award decision shall be binding on both Contracting Partiescontracting parties.

Appears in 1 contract

Samples: Bilateral Investment Treaty

Disputes between Contracting Parties. (1) . Disputes between Contracting Parties regarding the interpretation and application of the provisions of this agreement Agreement shall be settled through diplomatic channelsas far as possible by way of amicable negotiations. (2) . If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration tribunal of three members. Each Contracting Party shall appoint an arbitrator and these two arbitrators shall nominate a Chairman chairmen who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) . If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party party to make that appointment within two months, the arbitrator arbitrators shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) . If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) . If, in the case cases specified under paragraphs (3) 3 and (4) 4 of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) . Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) . The decisions of the tribunal are final and binding on for each Contracting Party. (8) 8. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Agreement

Disputes between Contracting Parties. (1) . Disputes between Contracting Parties regarding the interpretation and application of the provisions of this agreement Agreement shall be settled by consultation and negotiation through diplomatic channels. (2) . If both Contracting Parties cannot reach an agreement within six twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration tribunal of three members. Each Contracting Party shall appoint arbitrator and these two arbitrators shall nominate a Chairman who which shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties.constituted as follows: (3) . If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) . If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) . If, in the case cases specified under paragraphs (3) 3 and (4) 4 of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) . Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) . The decisions of the tribunal are final and binding on for each Contracting Party. (8) 8. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration arbitral proceedings; the costs cost of the chairman and remaining costs cost shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation and application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration tribunal of three members. Each Contracting Party shall appoint arbitrator and these two arbitrators shall nominate a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on for each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between the Contracting Parties regarding the interpretation and application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, upon the request of either Contracting Party, be submitted to an arbitration tribunal of three members. Each Contracting Party shall appoint one arbitrator and these two arbitrators shall nominate a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case cases specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on for each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedingsproceeding; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Agreement

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Disputes between Contracting Parties. (1) Disputes . Dispute between Contracting Parties regarding the interpretation and application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) . If both Contracting Parties cannot reach an agreement within six twelve months after the beginning of the dispute between themselves, the latter shall, upon the request of either Contracting Contacting Party, be submitted to an arbitration tribunal of three their members. Each Contracting Party shall appoint one arbitrator and these two arbitrators shall nominate a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) . If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two three months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) . If both arbitrators cannot reach an agreement about the choice of the chairman within two three months after their appointment, the latter shall be appointed appointment upon the request of either Contracting Party by the President of the International Court of Justice. (5) . If, in the case cases specified under paragraphs (3) 3 and (4) 4 of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) . Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) . The decisions of the tribunal are final and binding on for each Contracting Party. (8) 8. Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration arbitral proceedings; the costs of the chairman Chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation and application of the provisions of this agreement the Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration tribunal of three members. Each Contracting Party shall appoint arbitrator and these two arbitrators shall nominate a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on for each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between In the event of a dispute concerning this agreement and on any issue of interpretation or application, the Contracting Parties regarding agree to consult and negotiate. they shall cooperate with the interpretation understanding required in these consultations and application of negotiations. if the provisions of this agreement parties reach an agreement, they shall be settled through diplomatic channelsrecord in writing. (2) If both Contracting Parties canthe consultations and negotiations do not reach an agreement resolve within six months after the beginning of the request to initiate and unless the contracting parties agree otherwise, either of them may refer the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration arbitral tribunal composed of three members. Each Contracting Party shall appoint an arbitrator. The third arbitrator who shall be the Chair of the Arbitral Tribunal and these two arbitrators shall nominate a Chairman who shall be a national of a third State, which maintains diplomatic relations shall be appointed by agreement of the other two arbitrators. If any of the arbitrators is unable to perform its functions, a replacement shall be appointed in accordance with both Contracting Partiesthis article. (3) If one of the a Contracting Parties Party has not appointed its arbitrator and has not followed within two months of the invitation of receipt by the other Contracting Party the dispute to make that appointment within two monthsarbitration and the name of the arbitrator, the arbitrator shall be appointed upon the request of that latter Contracting Party by may invite the President of the International Court of JusticeJustice to make the appointment. If the latter is prevented or if he is a national of either Contracting Party, the Vice-President or the most senior member of the court will conduct the designation. (4) If both the two arbitrators appointed by the Contracting Parties cannot reach an agreement about the choice of the chairman third arbitrator within two months after their appointment, appointment the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in . If the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice latter is prevented from carrying out the said function 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 President or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge member of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, court will conduct the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Partydesignation. (65) Subject to other provisions made by Unless the Contracting PartiesParties decide otherwise, the tribunal shall determine its own rules of procedure. The tribunal It shall reach act in accordance with this Agreement and other rules of international law. It shall take its decisions by a majority of the votes. (7) The decisions of the tribunal are ; they shall be final and binding on each Contracting Partyboth contracting parties. (8) 6) Each Contracting Party shall bear the costs of its own member of the tribunal Tribunal and of its representation in the arbitration proceedings; the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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 Partiescontracting parties.

Appears in 1 contract

Samples: Investment Agreement

Disputes between Contracting Parties. (1) . Disputes between Contracting Parties regarding concerning the interpretation and application of this Agreement should, as far as possible, be resolved by negotiation. 2. If the provisions of this agreement shall dispute cannot be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement in the above-mentioned manner within six months after from the beginning date of the dispute between themselvesrequest of either Contracting Party for such negotiations, the latter dispute shall, upon at the request of either Contracting Party, be submitted to an arbitration arbitration. 3. The arbitral tribunal shall be constituted on a case-by-case basis as follows. Within two months after receipt of three members. Each the request for arbitration, each Contracting Party shall appoint arbitrator and these one member of the tribunal. These two arbitrators members of the tribunal shall nominate a Chairman who shall be designate a national of a third State, which maintains diplomatic relations who, with both Contracting Parties. (3) If one the mutual consent of the Contracting Parties has not Parties, shall be appointed its arbitrator and has not followed president of the invitation tribunal. The president shall be appointed within four months of the appointment of the other two members. 4. If the necessary appointments have not been made within the periods specified in paragraph 3 of this Article and unless the Contracting Party Parties have agreed otherwise, a request for the necessary appointments may be addressed to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) . If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in Justice is a national of a state of one of the case specified under paragraphs (3) and (4) of this ArticleContracting Parties or if he is otherwise unable to carry out the above action, the President request for the necessary appointments shall be addressed to the next most senior member of the International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function or if he is a national state of either Contracting Party, Party and is able to carry out the appointment shall be made by the Vice-President, and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Partyabove action. (6) Subject to other provisions made by the Contracting Parties, the 5. The arbitral tribunal shall determine its procedure. The tribunal shall reach take its decisions by a majority of votes. (7) vote. The decisions of the tribunal are shall be final and binding on each both Contracting Party. (8) Parties. Each of the Contracting Party Parties shall bear the costs expenses of its own a member of the tribunal appointed by it and of its representation in representatives at the arbitration proceedings; the costs sessions of the chairman and remaining costs tribunal. The expenses of the President, as well as other expenses, shall be borne in equal parts by shared equally between the Contracting Parties. The tribunal maymay also decide otherwise in respect of costs. For all other matters the arbitral tribunal shall determine its own rules of procedure. These rules shall not, however, decide that a higher proportion be inconsistent with the provisions of costs shall be borne by one of the two Contracting Parties and this award shall be binding on both Contracting PartiesAgreement.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between Contracting Parties contracting parties regarding the interpretation and or application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cannot contracting parties fail to reach an agreement a settlement within six 12 months after from the beginning of date on which the dispute between themselveshas arisen, the latter shallshall be submitted, upon at the request of either Contracting Party, be submitted contracting party to an arbitration arbitral tribunal composed of three members. Each each Contracting Party shall appoint arbitrator and these an arbitrator. the two arbitrators so nominated shall nominate appoint a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party contracting party to make that such appointment within two months, months of the arbitrator shall be appointed appointed, upon request by the request of that latter Contracting Party by the President of the International Court of Justice. (4) If both the two arbitrators cannot reach an agreement about the choice of the chairman Chairman within two months after their appointment, appointment the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, If in the case cases specified under paragraphs (3) and (4) of this Articlearticle, the President of the International Court of Justice is prevented from carrying out the said function exercising his mandate or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President, President and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall they will be made by the most senior Judge member of the Court who is not a national of either of the Contracting PartyParties. (6) Subject to other provisions made by Unless the Contracting PartiesParties decide otherwise, the tribunal shall determine its own procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal Tribunal and of its representation in the arbitration proceedings; . the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Contracting Partiescontracting parties. The tribunal maythe Tribunal may decide, however, decide that a higher proportion of costs shall be borne in its award by one of the two Contracting Parties shall bear a higher proportion of costs and this award decision shall be binding on both contracting parties. (8) The decisions of the Tribunal, which shall be taken by a majority of votes, shall be final and binding for each Contracting PartiesParty.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Disputes between Contracting Parties. (1) . Disputes between Contracting Parties regarding the interpretation and application of the provisions of this agreement Agreement shall be settled through diplomatic channelsas far as possible by way of amicable negotiations. (2) . If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration tribunal of three members. Each Contracting Party shall appoint an arbitrator and these two arbitrators shall nominate a Chairman chairmen who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) . If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator arbitrators shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) . If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) . If, in the case cases specified under paragraphs (3) 3 and (4) 4 of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) 3 and (4) 4 of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) . Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) . The decisions of the tribunal are final and binding on for each Contracting Party. (8) 8. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes Any dispute between Contracting Parties regarding concerning the interpretation and or application of the provisions of this agreement shall Agreement shall, if possible be settled through diplomatic channels. (2) If both Contracting Parties the dispute cannot reach an agreement thus be settled within six months after from the beginning of the dispute between themselvesnegotiations, the latter it shall, upon the request of either Contracting Party, be submitted to an arbitration tribunal. (3) The arbitration tribunal of three membersshall be constituted ad hoc as follows. Each Contracting Party shall appoint arbitrator one arbitrator, and these two arbitrators shall nominate a Chairman who shall be agree upon a national of a third State, State as chairman. The arbitrators shall be appointed within three months from the date on which maintains diplomatic relations with both either Contracting PartiesParty has informed the other Contracting Party that it intends to submit the dispute to an arbitration tribunal. (34) If one of the Contracting Parties has not appointed fails to appoint its arbitrator and has not followed proceeded to do so within the invitation of specific period, the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by may invite the President of the International Court of Justice. (4) Justice to make the necessary appointments. If both the two arbitrators cannot are unable to reach an agreement about agreement, in the specified period, on the choice of the chairman within two months after their appointmentthird arbitrator, the latter shall be appointed upon the request of either Contracting Party by may invite the President of the International Court of JusticeJustice to make the necessary appointments. (5) If, in the case specified under paragraphs (3) and (4) cases provided for in the fourth paragraph of this the present Article, the President of the International Court of Justice is prevented from carrying out discharging the said function or if he is a national of either Contracting Party, the appointment Vice-President shall be made by invited to make the necessary appointments. If the Vice-President, and if the latter President is prevented from discharging the said function or if he is a national of either Contracting Party, the appointment shall be made by Party the most senior Judge member of the Court available who is not a national of either Contracting Party.paragraphs (3) and (4) Party shall be invited to make necessary appointments.fourth paragraph of this the present Article, the President of the International Court of Justice is prevented from carrying out discharging the said function or if he is a national of either Contracting Party, the appointment Vice-President shall be made by invited to make the necessary appointments. If the Vice-President, and if the latter President is prevented from discharging the said function or if he is a national of either Contracting Party, the appointment shall be made by Party the most senior Judge member of the Court available who is not a national of either Contracting PartyParty shall be invited to make necessary appointments. (6) Subject to The arbitration tribunal shall decide on the basis of respect for the international law, including particularly the present Agreement and other provisions made by relevant agreements existing between the two Contracting PartiesParties and the generally acknowledged rules and principles of international law. (7) Unless the Parties decide otherwise, the tribunal shall determine its own procedure. . (8) The tribunal shall reach its decisions decision by a majority of votes. (7) The decisions of the tribunal are . Such decision shall be final and binding on each Contracting Partythe Parties. (8) 9) Each Contracting Party shall bear the costs of its own member cost of the tribunal arbitrator appointed by itself and of its representation in the arbitration proceedings; the costs representation. The cost of the chairman and remaining as well as the other costs shall will be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between Contracting Parties contracting parties regarding the interpretation and or application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cancontracting parties do not reach an agreement a settlement within six 12 months after from the beginning of date on which the dispute between themselveshas arisen, the latter shallshall be submitted, upon at the request of either Contracting Party, be submitted contracting party to an arbitration arbitral tribunal composed of three members. Each each Contracting Party shall appoint arbitrator and these an arbitrator. the two arbitrators so nominated shall nominate appoint a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party contracting party to make that such appointment within two months, months of the arbitrator shall be appointed appointed, upon request by the request of that latter Contracting Party by the President of the International Court of Justice. (4) If both the two arbitrators cannot reach an agreement about the choice of the chairman Chairman within two months after their appointment, appointment the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, If in the case cases specified under paragraphs (3) and (4) of this Articlearticle, the President of the International Court of Justice is prevented from carrying out the said function exercising his mandate or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President, President and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall they will be made by the most senior Judge member of the Court who is not a national of either of the Contracting PartyParties. (6) Subject to other provisions made by Unless the Contracting PartiesParties decide otherwise, the tribunal shall determine its own procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal Tribunal are final and binding on each Contracting Partythe contracting parties. (8) Each With regard to disputes submitted in accordance with article 10 of this Agreement, the competent courts of the Contracting Party shall bear in whose territory the costs investment has been made, the arbitral tribunal under this article may not make of its own member arbitral award on the decision on all aspects of the tribunal and case that following a determination that the ruling National violated a rule of its representation in International Law the arbitration proceedings; the costs provisions of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide this Agreement including that it is manifestly unfair or constitutes a higher proportion denial of costs shall be borne by one of the two Contracting Parties and this award shall be binding on both Contracting Partiesjustice.

Appears in 1 contract

Samples: Investment Agreement

Disputes between Contracting Parties. (1) Disputes between the Contracting Parties regarding concerning the interpretation and or application of the provisions of this agreement shall Agreement should, if possible, be settled through diplomatic channels. (2) If both a dispute between the Contracting Parties cannot reach an agreement within six months after thus be settled, it shall upon the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, Party be submitted to an arbitration arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of three members. Each the receipt of the request for arbitration, each Contracting Party shall appoint arbitrator and these one member of the tribunal. Those two arbitrators members shall nominate a Chairman who shall be then select a national of a third State, which maintains diplomatic relations with both State who on approval by the two Contracting PartiesParties 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) If one of this Article the Contracting Parties has necessary appointments have not appointed its arbitrator and has not followed the invitation of the other been made, either Contracting Party to make that appointment within two monthsmay, in the arbitrator shall be appointed upon the request absence of that Contracting Party by any other agreement, invite the President of the International Court of Justice. (4) Justice to make the necessary appointments. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request President is a national of either Contracting Party by the President of the International Court of Justice. (5) If, in the case specified under paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the Vice-President, and if the latter is prevented or if he too is national of either Contracting Partyprevented from discharging the said function, the appointment shall be made by the most senior Judge member of the International Court of Justice next in seniority who is not a national of either Contracting Party.paragraphs Party and who is not otherwise prevented from discharging the said function shall be invited to make the necessary appointments.paragraph (3) and (4) of this ArticleArticle 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 the necessary appointments. If the President is prevented from carrying out the said function 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, the appointment shall be made by the Vice-President, and if the latter is prevented or if he too is national of either Contracting Partyprevented from discharging the said function, the appointment shall be made by the most senior Judge member of the International Court of Justice next in seniority who is not a national of either Contracting PartyParty and who is not otherwise prevented from discharging the said function shall be invited to make the necessary appointments. (65) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The arbitral tribunal shall reach its decisions decision by a majority of votes. (7) . Such decision shall be binding on both Contracting Parties. The decisions cost of the Chairman and the members of the tribunal are final and binding on each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedure.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation and or application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration arbitral tribunal of three members. Each Contracting Party shall appoint arbitrator one arbitrator, and these two arbitrators shall nominate a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the most senior Judge of to the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the most senior Judge of to the Court who is not a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on for each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation and or application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration arbitral tribunal of three members. Each Contracting Party shall appoint arbitrator one arbitrator, and these two arbitrators shall nominate a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, in the case cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on for each Contracting Party. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Disputes between Contracting Parties. (1) . Disputes between Contracting Parties regarding the interpretation and application of the provisions of this agreement Agreement shall be settled by consultations and negotiations through diplomatic channels. (2) . If both Contracting Parties cannot reach an agreement within six twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration tribunal of three members. which shall be constituted as follows: Each Contracting Party shall appoint an arbitrator and these two arbitrators shall nominate a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) . If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) . If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) . If, in the case cases specified under paragraphs (3) 3 and (4) 4 of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) . Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) . The decisions of the tribunal are final and binding on for each Contracting Party. (8) 8. Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration arbitral proceedings; the costs cost of the chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) . Disputes between Contracting Parties regarding the interpretation and application of the provisions of this agreement Agreement shall be settled by consultation and negotiation through diplomatic channels. (2) . If both Contracting Parties cannot reach an agreement within six twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitration tribunal of three members. which shall be constituted as follows: Each Contracting Party shall appoint an arbitrator and these two arbitrators shall nominate a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) . If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) . If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) . If, in the case cases specified under paragraphs (3) 3 and (4) 4 of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) . Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) . The decisions of the tribunal are final and binding on for each Contracting Party. (8) 8. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration arbitral proceedings; the costs cost of the chairman and remaining costs cost shall be borne in equal parts by the Contracting Parties. The tribunal may, however, decide 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.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) . Disputes between Contracting Parties regarding the interpretation and or application of the provisions of this agreement Agreement shall be settled through diplomatic channels. (2) . If both Contracting Parties cannot reach an agreement within six months after following the beginning of date on which such negotiations were requested by either Contracting Party, the dispute between themselves, the latter shall, upon the request of either Contracting Party, be submitted to an arbitration arbitral tribunal of three members. Each Contracting Party shall appoint arbitrator one arbitrator, and these two arbitrators shall nominate a Chairman chairman who shall be a national of a third State, which maintains diplomatic relations with both Contracting Parties. (3) . If one of the Contracting Parties Party has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) . If both arbitrators cannot reach an agreement about the choice of the chairman Chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) . If, in the case cases specified under paragraphs (3) paragraph 3 and (4) 4 of this Article, the President of the International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.paragraphs (3) and (4) of this Article, the President of International Court of Justice is prevented from carrying out the said function 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 national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party. (6) . Subject to other provisions made by the Contracting PartiesParty, the tribunal shall determine its procedure. The tribunal shall reach its decisions by a majority of votes. (7) The decisions of the tribunal are final and binding on each Contracting Party. (8) . Each Contracting Party shall bear the costs of its own member cost of the tribunal arbitrator it has appointed and of its representation in the arbitration arbitral proceedings; the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. 8. The tribunal may, however, decide that a higher proportion of costs shall be borne by one decisions of the two tribunal are final and binding for each Contracting Parties and this award shall be binding on both Contracting PartiesParty.

Appears in 1 contract

Samples: Investment Agreement

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