Common use of Disputes between Contracting Parties Clause in Contracts

Disputes between Contracting Parties. Any dispute between the contracting parties concerning the interpretation or implementation of this Agreement and which is not settled through the diplomatic channel, be submitted to arbitration at the initiative of any of the Parties. Each Party shall appoint an arbitrator to integrate the arbitral tribunal. the two arbitrators so appointed shall designate by common agreement the third arbitrator who shall chair. if within 60 days following the date on which it was requested to submit the dispute to arbitration, a Contracting Party has not made the appointment of an arbitrator, the other party may request the President of the International Court of Justice to make the appointment. if within sixty days following the appointment of the second of the two arbitrators, both arbitrators have not been appointed, the third either Contracting Party may request the President of the International Court of Justice to make the appointment. if the President of the International Court of Justice is prevented from doing the designation or is a national of one of the Contracting Parties shall be made by the Vice-President. if this in turn is prevented from doing the designation or is a national of either Contracting Party shall be made by the most senior judge who is not prevented or is a national of one of the Contracting Parties. except to the extent that the parties agree otherwise, the tribunal shall determine its own procedure. each Party shall bear the fees and expenses of the arbitrators appointed as appropriate. the Contracting Parties shall be borne in equal parts by the fees and expenses of the Chairman as well as the other costs of the arbitral tribunal, unless it decides otherwise.

Appears in 1 contract

Samples: Investment Agreement

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Disputes between Contracting Parties. Any dispute (1) Disputes between the contracting parties concerning Contracting Parties regarding the interpretation or implementation application of the provisions of this Agreement and which is not shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the diplomatic channelbeginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to arbitration at the initiative an arbitral tribunal of any of the Partiesthree members. Each Contracting Party shall appoint an arbitrator to integrate the arbitral tribunal. the one arbitrator, and these two arbitrators so appointed shall designate by common agreement the third arbitrator nominate a chairman who shall chair. if within 60 days following be a national of a third State. (3) If one of the date on which it was requested to submit Contracting Parties has not appointed its arbitrator and has not followed the dispute to arbitration, a invitation of the other Contracting Party has not made the to make that appointment of an arbitratorwithin two months, the other party may arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice to make Justice. (4) If both arbitrators cannot reach an agreement about the appointment. if within sixty days following the appointment choice of the second of the chairman within two arbitrators, both arbitrators have not been appointedmonths after their appointment, the third latter shall be appointed upon the request of either Contracting Party may request by the President of the International Court of Justice to make Justice. (5) If, in the appointment. if cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from doing carrying out the designation said function or is a national of one of either Contracting Party, the Contracting Parties appointment shall be made by the Vice-President. , and if this in turn the latter is prevented from doing the designation or is a national of either Contracting Party Party, the appointment shall be made by the most senior judge Judge of the Court who is not prevented or is a national of one of the either Contracting Parties. except to the extent that the parties agree otherwise, the tribunal shall determine its own procedure. each Party. (6) Each Contracting Party shall bear the fees and expenses cost of its own member of the arbitrators appointed as appropriatetribunal and of its representation in the arbitral proceedings. The cost of the Contracting Parties Chairman and the remaining costs shall be borne in equal parts by the fees and expenses Contracting Parties, unless they decide otherwise. (7) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. (8) The decisions of the Chairman as well as the other costs of the arbitral tribunal, unless it decides otherwisetribunal are final and binding for each Contracting Party.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Disputes between Contracting Parties. Any (1) In the event of a dispute between concerning this agreement and on any issue of interpretation or application, the Contracting Parties agree to consult and negotiate. they shall cooperate with the understanding required in these consultations and negotiations. if the parties reach an agreement, they shall record in writing. (2) If the consultations and negotiations do not resolve within six months of the request to initiate and unless the contracting parties concerning agree otherwise, either of them may refer the interpretation or implementation dispute to an arbitral tribunal composed of this Agreement and which is not settled through the diplomatic channel, be submitted to arbitration at the initiative of any of the Partiesthree members. Each Contracting Party shall appoint an arbitrator to integrate the arbitral tribunalarbitrator. the two arbitrators so appointed shall designate by common agreement the The third arbitrator who shall chairbe the Chair of the Arbitral Tribunal and shall be a national of a third State, shall be appointed by agreement of the other two arbitrators. if within 60 days following If any of the date on which it was requested arbitrators is unable to submit the dispute to arbitrationperform its functions, a replacement shall be appointed in accordance with this article. (3) If a Contracting Party has not made appointed its arbitrator within two months of the appointment receipt by the other Contracting Party the dispute to arbitration and the name of an the arbitrator, the other party latter Contracting Party may request invite the President of the International Court of Justice to make the appointment. If the latter is prevented or if within sixty days following he is a national of either Contracting Party, the appointment Vice-President or the most senior member of the second court will conduct the designation. (4) If the two arbitrators appointed by the Contracting Parties cannot reach an agreement about the choice of the third arbitrator within two arbitrators, both arbitrators have not been appointed, months after their appointment the third latter shall be appointed upon the request of either Contracting Party may request by the President of the International Court of Justice to make Justice. If the appointment. if the President of the International Court of Justice latter is prevented from doing the designation or is a national of one of the Contracting Parties shall be made by the Vice-President. if this in turn is prevented from doing the designation or he is a national of either Contracting Party shall be made by Party, the Vice-President or the most senior judge who is not prevented or is a national of one member of the court will conduct the designation. (5) Unless the Contracting Parties. except to the extent that the parties agree Parties decide otherwise, the tribunal shall determine its own rules of procedure. each It shall act in accordance with this Agreement and other rules of international law. It shall take its decisions by a majority of the votes; they shall be final and binding on both contracting parties. (6) Each Contracting Party shall bear the fees and expenses costs of its own member of the arbitrators appointed as appropriateTribunal and of its representation in the arbitration proceedings. The cost of the Contracting Parties Chairman and the remaining costs shall be borne in equal parts by the fees and expenses of the Chairman as well as the other costs of the arbitral tribunal, unless it decides otherwisecontracting parties.

Appears in 1 contract

Samples: Investment Agreement

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Disputes between Contracting Parties. Any dispute (1) Disputes between the contracting parties concerning Contracting Parties regarding the interpretation or implementation application of the provisions of this Agreement and which is not shall be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within twelve months after the diplomatic channelbeginning of the dispute between themselves, it shall, upon request of either Contracting Party, be submitted to arbitration at the initiative an arbitral tribunal of any of the Partiesthree members. Each Contracting Party shall appoint an arbitrator to integrate the arbitral tribunal. the one arbitrator, and these two arbitrators so appointed shall designate by common agreement the third arbitrator nominate a chairman who shall chair. if within 60 days following be a national of a third State. (3) If one of the date on which it was requested to submit Contracting Parties has not appointed its arbitrator and has not followed the dispute to arbitration, a invitation of the other Contracting Party has not made the to make that appointment of an arbitratorwithin two months, the other party may arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice to make the appointment. if within sixty days following the appointment of the second of the two arbitrators, Justice. (4) If both arbitrators have cannot been appointedreach an agreement about the choice of chairman within two months after their appointment, he shall be appointed upon the third request of either Contracting Party may request by the President of the International Court of Justice to make Justice. (5) If, in the appointment. if cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from doing carrying out the designation said function or if he is a national of one of either Contracting Party, the Contracting Parties appointment shall be made by the Vice-President. , and if this in turn the latter is prevented from doing the designation or if he is a national of either Contracting Party Party, the appointment shall be made by the most senior judge Judge of the Court who is not prevented or is a national of one of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties. except to the extent that the parties agree otherwise, the tribunal shall determine its own procedure. Furthermore each Contracting Party shall bear the fees and expenses cost of the arbitrators arbitrator it has appointed as appropriateand of its representation in the arbitral proceedings. The cost of the Contracting Parties chairman and the remaining costs shall be borne in equal parts by the fees and expenses Contracting Parties unless agreed otherwise. (7) The decisions of the Chairman as well as the other costs of the arbitral tribunal, unless it decides otherwisetribunal are final and binding for each Contracting Party.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

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