Common use of Disputes between Contracting Parties Clause in Contracts

Disputes between Contracting Parties. (1) Any dispute arising between the Contracting Parties concerning the application or interpretation of this Agreement shall, as far as possible, be settled through negotiations. (2) If such a dispute cannot thus be settled within six months from the date at which either Contracting Party requested negotiations, either Contracting Party may by written notice to the other Contracting Party submit the matter to arbitration under this Article. (3) The arbitration tribunal shall be constituted for each individual case. Each Contracting Party shall appoint one member. These two members shall then agree upon a national of a third state, to be appointed by the Contracting Parties to their Chairman. The members shall be appointed within two months and the Chairman within four months from the date of the receipt of the written notice under paragraph (2) of this Article. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, 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 discharging this task, the appointments shall be made by the most senior deputy of the President. (5) The arbitration tribunal shall take its decisions by a majority of votes and determine its own procedures. The tribunal shall decide the dispute in accordance with this Agreement and applicable rules and principles of international law. The arbitral award shall be final and binding upon the Contracting Parties. (6) The expenses of the tribunal, including the remuneration of its members, shall be borne in equal shares by the Contracting Parties. The tribunal may, however, at its discretion direct that a higher proportion of the costs shall be borne by one of the Contracting Parties.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

AutoNDA by SimpleDocs

Disputes between Contracting Parties. (1) Any dispute arising Disputes between contracting parties regarding the Contracting Parties concerning interpretation or application of the application or interpretation provisions of this Agreement shall, as far as possible, shall be settled through negotiationsdiplomatic channels. (2) If such both contracting parties fail to reach a dispute cannot thus be settled settlement within six 12 months from the date on which the dispute has arisen, the latter shall be submitted, at which the request of either contracting party to an arbitral tribunal composed of three members. each Contracting Party requested negotiations, either Contracting Party may by written notice to shall appoint an arbitrator. the other Contracting Party submit the matter to arbitration under this Articletwo arbitrators so nominated shall appoint a chairman who shall be a national of a third State. (3) The arbitration tribunal shall be constituted for each individual case. Each Contracting Party shall appoint If one member. These two members shall then agree upon a national of a third state, to be appointed by the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other contracting party to their Chairman. The members shall be appointed make such appointment within two months and the Chairman within four months from the date of the receipt arbitrator shall be appointed, upon request by the latter Contracting Party by the President of the written notice under paragraph (2) International Court of this ArticleJustice. (4) If the time limits referred to 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 paragraph the cases specified under paragraphs (3) and (4) of this Article have not been complied witharticle, 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 discharging carrying out this taskfunction or if he is a national of either Contracting Party, the appointments appointment shall be made by the Vice-President and if the latter is prevented or if he is a national of either Contracting Party, they will be made by the most senior deputy member of the President. (5) The arbitration tribunal shall take its decisions by Court who is not a majority national of votes and determine its own procedures. The tribunal shall decide the dispute in accordance with this Agreement and applicable rules and principles either of international law. The arbitral award shall be final and binding upon the Contracting Parties. (6) Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. (7) The expenses decisions of the tribunal, including Tribunal are final and binding on the remuneration of its members, shall be borne in equal shares by the Contracting Parties. The tribunal may, however, at its discretion direct that a higher proportion of the costs shall be borne by one of the Contracting Partiescontracting parties.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Disputes between Contracting Parties. (1) Any dispute arising . Disputes between contracting parties relating to the Contracting Parties concerning interpretation or application of the application or interpretation provisions of this Agreement shall, as far as possible, shall be settled through negotiationsdiplomatic channels. (2) . If such both contracting parties fail to reach a dispute cannot thus be settled settlement within six months from the date at on which either Contracting Party requested negotiationsthe dispute has arisen, either Contracting Party may by written notice to the other Contracting Party submit the matter to arbitration under this Article. (3) The arbitration tribunal latter shall be constituted for submitted, at the request of either contracting party to an arbitral tribunal composed of three members. each individual case. Each Contracting Party shall appoint one memberan arbitrator. These the two members arbitrators so nominated shall then agree upon appoint a chairman who shall be a national of a third state, to be appointed by 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 Chairman. The members appointment the latter shall be appointed within two months and upon the Chairman within four months from the date request of the receipt of the written notice under paragraph (2) of this Article. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, either Contracting Party may, by the President of the International Court of Justice. 5. If in the absence cases specified in paragraphs 3 and 4 of any other agreementthis article, invite the President of the International Court of Justice to make the necessary appointments. If the President is prevented from discharging carrying out this taskfunction or if he is a national of either Contracting Party, the appointments appointment shall be made by the Vice-President and if the latter is prevented or if he is a national of either Contracting Party, they will be made by the most senior deputy member of the President. (5) The arbitration tribunal shall take its decisions by Court who is not a majority national of votes and determine its own procedures. The tribunal shall decide the dispute in accordance with this Agreement and applicable rules and principles either of international law. The arbitral award shall be final and binding upon the Contracting Parties. (6) The expenses . Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. 7. Each Contracting Party shall bear the costs of the tribunal, including the remuneration arbitrator it has appointed and of its members, representation in the arbitration proceedings. the cost of the Chairman and the remaining costs shall be borne in equal shares parts by the Contracting Partiescontracting parties. 8. The tribunal may, however, at its discretion direct that a higher proportion decisions of the costs shall be borne by one of Tribunal are final and binding on the Contracting Partiescontracting parties.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Disputes between Contracting Parties. (1) . Any dispute arising between the Contracting Parties concerning the interpretation or application or interpretation of this Agreement shall, as far as possible, be settled through negotiationsnegotiations between the Governments of both Contracting Parties. (2) . If such a the dispute cannot thus be settled within six months from the date on which such negotiations were requested by any Contracting Party, it shall, at which either the request of any Contracting Party requested negotiationsParty, either Contracting Party may by written notice be submitted to the other Contracting Party submit the matter to arbitration under this Articlean arbitral tribunal. (3) . The arbitration arbitral tribunal shall be constituted for each individual case. Each , and each Contracting Party shall appoint one member. These two members shall then agree upon select a national of a third stateState as its chairman, to be appointed by with the approval of the Contracting Parties to their ChairmanParties. The members shall be appointed within two months and the Chairman chairman within four months from of the date on which either Contracting Party notifies the other Contracting Party of its intention to submit the receipt of the written notice under paragraph (2) of this Articledispute to an arbitral tribunal. (4) . If within the time limits referred to in paragraph Paragraph (3) of this Article the necessary appointments have not been complied withmade, either any Contracting Party may, in the absence of any other agreementarrangement, invite the President of the International Court of Justice to make the necessary appointments. 5. If the President of the International Court of Justice is prevented from discharging unable to perform the function designated in Paragraph (4) of this taskArticle or is a national of any Contracting Party, the appointments Vice-President shall be made by invited to make the necessary appointments. If the Vice-President is unable to perform such function or is a national of any Contracting Party, the most senior deputy member of the PresidentCourt who is not a national of any Contracting Party shall be invited to make the necessary appointments. (5) The arbitration tribunal shall take its decisions by a majority of votes and determine its own procedures. The tribunal shall decide the dispute in accordance with this Agreement and applicable rules and principles of international law6. The arbitral award tribunal shall reach its decision by majority vote, such decision shall be final and binding upon on the Contracting Parties. (6) The expenses 7. Each Contracting Party shall pay the costs of the tribunalmember appointed by that Contracting Party, including as well as the remuneration costs of its members, his representation in the arbitration proceedings; the costs of the Chairman and any other costs shall be borne divided equally between the two Contracting Parties. However, the arbitral tribunal may order in equal shares by its decision that a higher proportion of such costs be charged to one of the Contracting Parties. The tribunal may, however, at shall determine its discretion direct that a higher proportion of the costs shall be borne by one of the Contracting Partiesown procedure.

Appears in 2 contracts

Samples: Investment Promotion and Protection Agreement, Investment Protection Agreement

Disputes between Contracting Parties. (1) Any dispute arising Disputes between the Contracting Parties concerning the application or interpretation of this Agreement shall, as far as if possible, be settled through negotiations. (2) If such a dispute cannot thus be settled within six months from the date at which either Contracting Party requested negotiations, either Contracting Party may by written notice to the other Contracting Party submit the matter to arbitration under this Article. (3) The arbitration tribunal shall be constituted for each individual case. Each Contracting Party shall appoint one member. These two members shall then agree upon a national of a third stateState, to be appointed by the Contracting Parties to as their Chairman. The members shall be appointed within two months and the Chairman within four months from the date of the receipt of the written notice under paragraph (2) of this Article. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, 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 a national of either Contracting Party or if the President is otherwise prevented from discharging this task, the appointments shall be made by the most senior deputy of the President. (5) The arbitration tribunal shall take its decisions by a majority of votes and determine its own procedures. The tribunal shall decide the dispute in accordance with this Agreement and applicable rules and principles of international law. The arbitral award shall be final and binding upon the Contracting Parties. (6) The expenses of the tribunal, including the remuneration of its members, shall be borne in equal shares by the Contracting Parties. The tribunal may, however, at its discretion direct that a higher proportion of the costs shall be borne by one of the Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

AutoNDA by SimpleDocs

Disputes between Contracting Parties. (1) Any dispute arising Disputes between contracting parties regarding the Contracting Parties concerning interpretation or application of the application or interpretation provisions of this Agreement shall, as far as possible, shall be settled through negotiationsdiplomatic channels. (2) If such both contracting parties fail to reach a dispute cannot thus be settled settlement within six 12 months from the date on which the dispute has arisen, the latter shall be submitted, at which the request of either contracting party to an arbitral tribunal composed of three members. each Contracting Party requested negotiations, either Contracting Party may by written notice to shall appoint an arbitrator. the other Contracting Party submit the matter to arbitration under this Articletwo arbitrators so nominated shall appoint a chairman who shall be a national of a third State. (3) The arbitration tribunal shall be constituted for each individual case. Each Contracting Party shall appoint If one member. These two members shall then agree upon a national of a third state, to be appointed by the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other contracting party to their Chairman. The members shall be appointed make such appointment within two months and the Chairman within four months from the date of the receipt arbitrator shall be appointed, upon request by the latter Contracting Party by the President of the written notice under paragraph (2) International Court of this ArticleJustice. (4) If the time limits referred to 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 paragraph the cases specified under paragraphs (3) and (4) of this Article have not been complied witharticle, 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 discharging this taskexercising his mandate or if he is a national of either Contracting Party, the appointments designations shall be made by the Vice-President and if the latter is prevented or if he is a national of either Contracting Party, they will be made by the most senior deputy member of the President. (5) The arbitration tribunal shall take its decisions by Court who is not a majority national of votes and determine its own procedures. The tribunal shall decide the dispute in accordance with this Agreement and applicable rules and principles either of international law. The arbitral award shall be final and binding upon the Contracting Parties. (6) The expenses Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. (7) Each Contracting Party shall assume the cost of the tribunal, including the remuneration arbitrator it has appointed and of its members, representation in the arbitral proceedings. the cost of the Chairman and the remaining costs shall be borne in equal shares parts by the Contracting Parties. contracting parties. (8) The tribunal may, however, at its discretion direct that a higher proportion decisions of the costs shall be borne by one of Tribunal are final and binding on the Contracting Partiescontracting parties.

Appears in 1 contract

Samples: Investment Agreement

Disputes between Contracting Parties. (1) Any dispute arising between the Contracting Parties concerning the application or interpretation of this Agreement shall, as far as if possible, be settled through within six months from the date at which either Contracting Party requested negotiations. (2) If such a dispute cannot thus be settled within six months from the date at which either Contracting Party requested negotiations, either Contracting Party may by written notice to the other Contracting Party submit the matter to arbitration under this Article. (3) The arbitration tribunal shall be constituted for each individual case. Each Contracting Party shall appoint one member. These two members shall then agree upon a national of a third state, to be appointed by the Contracting Parties to their Chairman. The members shall be appointed within two months and the Chairman within four months from the date of the receipt of the written notice under paragraph (2) of this Article. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, 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 a national of a Contracting Party or is otherwise prevented from discharging this task, the appointments shall be made by the most senior deputy of the PresidentPresident who is not a national of either Contracting Party and who is not otherwise prevented from discharging this task shall make the appointments. (5) The arbitration tribunal shall take its decisions by a majority of votes and determine its own procedures. The tribunal shall decide the dispute in accordance with this Agreement and applicable rules and principles of international law. The arbitral award shall be final and binding upon the Contracting Parties. (6) The expenses of the tribunal, including the remuneration of its members, shall be borne in equal shares by the Contracting Parties. The tribunal may, however, at its discretion direct that a higher proportion of the costs shall be borne by one of the Contracting Parties.

Appears in 1 contract

Samples: Investment Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!