Common use of Disputes between Contracting Parties Clause in Contracts

Disputes between Contracting Parties. (1) Disputes between contracting parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both contracting parties fail to reach a settlement within 12 months from the date on which the dispute has arisen, the latter shall be submitted, at the request of either contracting party to an arbitral tribunal composed of three members. each Contracting Party shall appoint an arbitrator. the two arbitrators so nominated shall appoint a chairman who shall be a national of a third State. (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 such appointment within two months of the arbitrator shall be appointed, upon request by the latter Contracting Party by the President of the International Court of Justice. (4) If the two 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 cases specified under paragraphs (3) and (4) of this article, the President of the International Court of Justice is prevented from exercising his mandate or if he is a national of either Contracting Party, the provisions of article 9, paragraph (2), letter (c) of this Agreement shall apply mutatis mutandis. (6) Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. (7) The decisions of the Tribunal are final and binding on the contracting parties.

Appears in 3 contracts

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

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Disputes between Contracting Parties. (1) Disputes between contracting parties Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both contracting parties fail to Contracting Parties cannot reach a settlement an agreement within 12 six months from after the date on which beginning of the dispute has arisenbetween themselves, the latter shall be submittedshall, at the upon request of either contracting party Contracting Party, be submitted to an arbitral tribunal composed of three members. each Each Contracting Party shall appoint an one arbitrator. the , and these two arbitrators so nominated shall appoint nominate a chairman who shall be a national of a third State. (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 such that appointment within two months of months, the arbitrator shall be appointed, appointed upon the request by the latter of that Contracting Party by the President of the International Court of Justice. (4) If the two both 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 cases specified under paragraphs (3) and (4) of this articleArticle, the President of the International Court of Justice is prevented from exercising his mandate carrying out the said function or if he is a national of either Contracting Party, the provisions appointment shall be made by the Vice-President, and if the latter is prevented or if he is a national of article 9either Contracting Party, paragraph (2), letter (c) the appointment shall be made by the most senior Judge of this Agreement shall apply mutatis mutandisthe Court who is not a national of either Contracting Party. (6) Unless Subject to other provisions made by the Contracting Parties decide otherwiseParties, the tribunal shall determine its own procedure. (7) The decisions of the Tribunal tribunal are final and binding on the contracting partiesfor each Contracting Party.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement

Disputes between Contracting Parties. (1) Disputes between contracting parties regarding Contracting Parties concerning the interpretation or application of the provisions of this Agreement Convention shall be settled through diplomatic channels. (2) If both contracting parties the two Contracting Parties fail to reach a settlement solution within 12 twelve months from of the date on which beginning of the dispute has arisendispute, the latter shall be submittedshall, at the request of either contracting party Contracting Party, be submitted to an arbitral tribunal composed of three members. each Each Contracting Party shall appoint an arbitrator. the The two arbitrators so nominated appointed shall appoint a chairman who shall must be a national of a third State. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed responded to the invitation of the other contracting party Contracting Party to make such an appointment within two months of months, the arbitrator shall be appointed, upon at the request by of the latter Contracting Party Party, by the President of the International Court of Justice. (4) If the two arbitrators cannot reach an agreement about agree on the choice of the Chairman within two months after of their appointment appointment, the latter shall be appointed upon appointed, at the request of either Contracting Party Party, by the President of the International Court of Justice. (5) If If, in the cases specified under provided for in paragraphs (3) and (4) of this articleArticle, the President of the International Court of Justice is prevented from exercising unable to perform his mandate functions or if he is a national of either one of the Contracting PartyParties, the provisions appointments shall be made by the Vice-President and, if the latter is unable to perform his functions or is a national of article 9one of the Contracting Parties, paragraph (2), letter (c) the appointments shall be made by the most senior Member of this Agreement shall apply mutatis mutandisthe Court who is not a national of any of the Contracting Parties. (6) Unless the Contracting Parties decide otherwise, the tribunal Court shall determine its own rules of procedure. (7) The decisions of the Tribunal court are final and binding on the contracting partiesContracting Parties.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Disputes between Contracting Parties. (1) Disputes between contracting parties Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both contracting parties fail to Contracting Parties cannot reach a settlement an agreement within 12 twelve months from after the date on which beginning of the dispute has arisenbetween themselves, the latter shall be submittedshall, at the upon request of either contracting party Contracting Party, be submitted to an arbitral tribunal composed of three members. each Each Contracting Party shall appoint an one arbitrator. the , and these two arbitrators so nominated shall appoint nominate a chairman who shall be a national of a third State. (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 such that appointment within two months of months, the arbitrator shall be appointed, appointed upon the request by the latter of that Contracting Party by the President of the International Court of Justice. (4) If the two both 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 cases specified under paragraphs (3) and (4) of this articleArticle, the President of the International Court of Justice is prevented from exercising his mandate carrying out the said function or if he is a national of either Contracting Party, the provisions appointment shall be made by the Vice-President, and if the latter is prevented or if he is a national of article 9either Contracting Party, paragraph (2), letter (c) the appointment shall be made by the most senior Judge of this Agreement shall apply mutatis mutandisthe Court who is not a national of either Contracting Party. (6) Unless Subject to other provisions made by the Contracting Parties decide otherwiseParties, the tribunal shall determine its own procedure. (7) The decisions of the Tribunal tribunal are final and binding on the contracting partiesfor each Contracting Party.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between contracting parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both contracting parties fail to reach a settlement within 12 months from the date on which the dispute has arisen, the latter shall be submitted, at the request of either contracting party to an arbitral tribunal composed of three members. each Contracting Party shall appoint an arbitrator. the two arbitrators so nominated shall appoint a chairman who shall be a national of a third State. (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 such appointment within two months of the arbitrator shall be appointed, upon request by the latter Contracting Party by the President of the International Court of Justice. (4) If the two 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 cases specified under paragraphs (3) and (4) of this article, the President of the International Court of Justice is prevented from exercising his mandate or if he is a national of either Contracting Party, the provisions appointment shall be made by the Vice-President and if the latter is prevented or if he is a national of article 9either Contracting Party, paragraph (2), letter (c) they will be made by the most senior member of this Agreement shall apply mutatis mutandisthe Court who is not a national of either of the Contracting Parties. (6) Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. (7) The decisions of the Tribunal are final and binding on the contracting parties.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Disputes between Contracting Parties. (1) Disputes between contracting parties Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both contracting parties fail to Contracting Parties cannot reach a settlement an agreement within 12 six months from after the date on which beginning of the dispute has arisenbetween themselves, the latter shall be submittedshall, at the upon request of either contracting party Contracting Party, be submitted to an arbitral tribunal composed of three members. each Each Contracting Party shall appoint an one arbitrator. the , and these two arbitrators so nominated shall appoint nominate a chairman who shall be a national of a third State. (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 such that appointment within two months of months, the arbitrator shall be appointed, appointed upon the request by the latter of that Contracting Party by the President of the International Court of Justice. (4) If the two both 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 thé International Court of Justice. (5) If If, in the cases specified specifïed under paragraphs (3) and (4) of this articleArticle, the President of the International Court of Justice is prevented from exercising his mandate carrying out the said function or if he is a national of either Contracting Party, the provisions appointment shall be made by the Vice-Président, and if the latter is prevented or is a national of article 9either Contracting Party, paragraph (2), letter (c) the appointment shall be made by the most senior Judge of this Agreement shall apply mutatis mutandisthe Court who is not a national of either Contracting Party. (6) Unless Subject to other provisions made by the Contracting Parties decide otherwiseParties, the tribunal shall determine its own procedure. (7) The decisions of the Tribunal tribunal are final and binding on the contracting partiesfor each Contracting Party.

Appears in 2 contracts

Samples: Bilateral Investment Treaty, Bilateral Investment Treaty

Disputes between Contracting Parties. (1) Disputes between contracting parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both contracting parties fail to reach a settlement within 12 six months from the date on which the dispute has arisen, the latter shall be submitted, at the request of either contracting party to an arbitral tribunal composed of three members. each Contracting Party shall appoint an arbitrator. the two arbitrators so nominated shall appoint a chairman who shall be a national of a third State. (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 such appointment within two months of the arbitrator shall be appointed, upon request by the latter Contracting Party by the President of the International Court of Justice. (4) If the two 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 cases specified under paragraphs (3) and (4) of this article, the President of the International Court of Justice is prevented from exercising his mandate or if he is a national of either Contracting Party, the provisions appointment shall be made by the Vice-President and if the latter is prevented or if he is a national of article 9either Contracting Party, paragraph (2), letter (c) they will be made by the most senior member of this Agreement shall apply mutatis mutandisthe Court who is not a national of either of the Contracting Parties. (6) Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. (7) The decisions of the Tribunal are final and binding on the contracting parties.

Appears in 1 contract

Samples: Investment Agreement

Disputes between Contracting Parties. (1) Disputes between contracting parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both contracting parties fail to reach a settlement within 12 months from the date on which the dispute has arisen, the latter shall be submitted, at the request of either contracting party to an arbitral tribunal composed of three members. each Contracting Party shall appoint an arbitrator. the two arbitrators so nominated shall appoint a chairman who shall be a national of a third State. (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 such appointment within two months of the arbitrator shall be appointed, upon request by the latter Contracting Party by the President of the International Court of Justice. (4) If the two 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 cases specified under paragraphs (3) and (4) of this article, the President of the International Court of Justice is prevented from exercising his mandate or if he is a national of either Contracting Party, the provisions appointment shall be made by the Vice-President and if the latter is prevented or if he is a national of article 9either Contracting Party, paragraph (2), letter (c) they will be made by the most senior member of this Agreement shall apply mutatis mutandisthe Court who is not a national of either of the Contracting Parties. (6) Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. (7) The decisions of the Tribunal are final and binding on the contracting parties. (8) Unless the tribunal decides otherwise, each Contracting Party shall bear the costs of its own member of the Tribunal and of its representation shall be borne in equal parts by both contracting parties.

Appears in 1 contract

Samples: Investment Agreement

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Disputes between Contracting Parties. (1) Disputes between contracting parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both the contracting parties fail to reach a settlement within 12 months from the date on which the dispute has arisen, the latter shall be submitted, at the request of either contracting party to an arbitral tribunal composed of three members. each Contracting Party shall appoint an arbitrator. the two arbitrators so nominated shall appoint a chairman who shall be a national of a third State. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed or to respond to the invitation of the other contracting party to make such appointment within two months of the arbitrator shall be appointed, upon request by the latter Contracting Party by the President of the International Court of Justice. (4) If the two 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 cases specified under paragraphs (3) and (4) of this article, the President of the International Court of Justice is prevented from exercising his mandate carrying out this function or if he is a national of either Contracting Party, the provisions appointment shall be made by the Vice-President and if the latter is prevented or if he is a national of article 9either Contracting Party, paragraph (2), letter (c) they will be made by the most senior member of this Agreement shall apply mutatis mutandisthe Court who is not a national of either of the Contracting Parties. (6) Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. (7) The decisions of the Tribunal are final and binding on the contracting parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between contracting parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both contracting parties fail to reach a settlement within 12 six months from the date on which the dispute has arisen, the latter shall be submitted, at the request of either contracting party to an arbitral tribunal composed of three members. each Contracting Party shall appoint an arbitrator. one arbitrator and the two arbitrators so nominated shall appoint a chairman President who shall be a national of a third State. (3) If one of the Contracting Parties has not appointed its arbitrator and and, although invited to do so by the other Contracting Party has not followed the invitation of the other contracting party to make such appointment taken within two months of such appointment, the arbitrator shall be appointed, appointed upon request by the latter Contracting Party by the President of the International Court of Justice. (4) If the two 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 cases specified under paragraphs (3) and (4) of this article, the President of the International Court of Justice is prevented from exercising his mandate or if he is a national of either Contracting Party, the provisions appointment shall be made by the Vice-President and if the latter is prevented or if he is a national of article 9either Contracting Party, paragraph (2), letter (c) they will be made by the most senior member of this Agreement shall apply mutatis mutandisthe Court who is not a national of either of the Contracting Parties. (6) Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. (7) The decisions of the Tribunal are final and binding on the contracting parties.

Appears in 1 contract

Samples: Investment Agreement

Disputes between Contracting Parties. (1) Disputes between contracting parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both the contracting parties fail to reach a settlement within 12 months from the date on which the dispute has arisen, the latter shall be submitted, at the request of either contracting party to an arbitral tribunal composed of three members. each Contracting Party shall appoint an arbitrator. the two arbitrators so nominated shall appoint a chairman who shall be a national of a third State. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed or to respond to the invitation of the other contracting party to make such appointment within two months of the arbitrator shall be appointed, upon request by the latter Contracting Party by the President of the International Court of Justice. (4) If the two 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 cases specified under paragraphs (3) and (4) of this article, the President of the International Court of Justice is prevented from exercising his mandate carrying out this function or is a national of either Contracting Party, the appointment shall be made by the Vice-President and if the latter is prevented or if he is a national of either Contracting Party, they will be made by the provisions most senior member of article 9, paragraph (2), letter (c) the Court who is not a national of this Agreement shall apply mutatis mutandiseither of the Contracting Parties. (6) Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. (7) The decisions of the Tribunal are final and binding on the contracting parties.

Appears in 1 contract

Samples: Investment Agreement

Disputes between Contracting Parties. (1) . Disputes between contracting parties regarding Contracting Parties concerning the interpretation or application of the provisions of this Agreement shall be settled through the diplomatic channelschannel. (2) . If both contracting parties the two Contracting Parties fail to reach a settlement within 12 months from the date on which start of the dispute, the dispute has arisen, the latter shall be submittedshall, at the request of either contracting party Contracting Party, be submitted to an arbitral tribunal composed consisting of three members. each Each Contracting Party shall appoint an arbitrator. the arbitrator and these two arbitrators so nominated shall appoint a chairman who shall be a national of a third State. (3) . If one of the either Contracting Parties Party has not appointed its arbitrator and has not followed acted on the invitation of from the other contracting party Contracting Party to make such that appointment within two months of months, the arbitrator shall be appointed, upon at the request by of the latter Contracting Party Party, by the President of the International Court of Justice. (4) . If the two arbitrators cannot reach an agreement about agree on the choice of the a Chairman within two months after of their appointment appointment, the latter chairman shall be appointed upon appointed, at the request of either Contracting Party Party, by the President of the International Court of Justice. (5) If . If, in the cases specified under referred to in paragraphs (3) 3 and (4) 4 of this article, the President of the International Court of Justice is a national of cither Contracting Party or if he is prevented from exercising carrying out his mandate function, the appointments shall be made by the Vice-President and, if the latter is prevented or if he is a national of either Contracting Party, they shall be made by the provisions most senior judge of article 9, paragraph (2), letter (c) the Court who is not a national of this Agreement shall apply mutatis mutandiseither Contracting Party. (6) . Unless the Contracting Parties decide arrange otherwise, the tribunal shall determine deter- mine its own procedureprocedures. (7) . The decisions of the Tribunal are tribunal shall be final and binding on the contracting partieseach Contracting Party.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

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