Common use of Disputes between Contracting Parties Clause in Contracts

Disputes between Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. (2) If a dispute between the Contracting Parties cannot thus be settled within six months, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. 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 citizen 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 to make the necessary appointments. If the president is a citizen 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 citizen of either Contracting Party, or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a citizen of either Contracting Party and who is not otherwise prevented from discharging the said function shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. The cost of the Chairman and the members of the tribunal shall be borne in equal parts by the Contracting Parties. The tribunal may, however, 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. The tribunal shall determine its own procedure.

Disputes between Contracting Parties. (1) Disputes . Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shouldthe present Agreement, if possible, which cannot be settled within a period of six months through diplomatic channels. (2) If a dispute between , shall, unless the Contracting Parties cannot thus have otherwise agreed, be settled within six monthssubmitted, it shall upon at the request of either Contracting Party be submitted Party, to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way, composed of three members. Within two months of the receipt of the request for arbitration, each Contracting Each Party shall appoint one member arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Party. 2. If one of the tribunal. Those two members shall then select a citizen of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed fails to appoint its arbitrator and has not proceeded to do so within two months after an invitation from the date of appointment of other Party to make such appointment, 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 latter Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to make the necessary appointmentsappointment. 3. If the president two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, either Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs (2) and (3) of this Article, the President of the International Court of Justice is a citizen of either Contracting Party or if he is otherwise prevented from discharging the said functionfunction or is a national of either Contracting Party, the Vice Vice-President shall be invited to make the necessary appointments. If lf the Vice Vice-President is a citizen of either Contracting Party, or if he too is prevented from discharging the said function, function or is a national of either Party the most senior member of the International Court of Justice next in seniority available who is not a citizen national of either Contracting Party and who is not otherwise prevented from discharging the said function shall be invited to make the necessary appointments. (5) . The arbitral tribunal shall decide on the basis of respect for the law. Before the tribunal decides, 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 Parties so agree.ex aequo et xxxx if the Parties so agree. 6. Unless the Parties decide otherwise, the tribunal shall determine its own procedure. 7. The tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on both Contracting the Parties. The cost of the Chairman and the members of the tribunal shall be borne in equal parts by the Contracting Parties. The tribunal may, however, 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. The tribunal shall determine its own procedure.

Disputes between Contracting Parties. (1) Disputes . Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shouldshall be settled, if to the extent possible, be settled through diplomatic channels. (2) . If a dispute between the Contracting Parties cannot thus be settled reach agreement within six monthsmonths after the dispute between them arises, it shall upon the dispute, at the request of either of the Contracting Party Parties, may be submitted to an arbitral tribunal. (3) Such an . The arbitral tribunal shall be constituted for each individual specific case in the following way. as follows: Within two months from the date on which one of the receipt Contracting Parties receives the petition of the request for arbitrationother Contracting Party to submit the dispute to arbitral proceedings, each Contracting Party shall appoint one member of the tribunalarbitrator. Those two members shall then arbitrators shall, within two months, select a citizen third arbitrator, who shall be a national of a third State who on approval State. The third arbitrator shall, by the two Contracting Parties shall be appointed Chairman mutual consent of the tribunal. The Chairman shall Contracting Parties, be appointed within two months from the date of appointment President of the other two membersarbitral tribunal. (4) . If the arbitral tribunal is not constituted within the periods period specified in paragraph (3) 3 of this Article and if the necessary appointments have not been madeContracting Parties are unable to agree otherwise, either of the Contracting Party may, in the absence of any other agreement, Parties may invite the President of the International Court of Justice to make the necessary appointments. If the president is a citizen 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 citizen of either Contracting Party, or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority is a national of one of the Contracting Parties or if he is unable to perform the above-mentioned function for other reasons, the right to make the necessary appointments shall be granted to the Vice-President of the International Court of Justice. If the Vice-President is a national of one of the Contracting Parties or if he is unable to perform the above-mentioned function, the invitation to make the necessary appointments shall go to the most senior Volume 2412, I-43524 Member of the International Court of Justice who is not a citizen national of either of the Contracting Party and who is not otherwise prevented from discharging the said function shall be invited to make the necessary appointmentsParties. (5) . The arbitral tribunal, guided by the provisions of this Agreement and the standards of international law, shall determine its own rules of procedure. The arbitral tribunal shall reach take its decision decisions by a majority of votes. Such The decisions of the arbitral tribunal shall be final and binding on both Contracting Parties. 6. Each of the Contracting Parties shall defray the expenses of the arbitrator appointed by it and the expenses of its representation in the arbitral proceedings; the expenses of the president of the arbitral tribunal and other expenses shall be shared equally by the Contracting Parties. The arbitral tribunal, however, may, by its own decision, specify a larger share of the expenses for one of the Contracting Parties, and that decision shall be binding on both Contracting Parties. The cost of the Chairman and the members of the tribunal shall be borne in equal parts by the Contracting Parties. The tribunal may, however, 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. The tribunal shall determine its own procedure.

Disputes between Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. (2) If a dispute between the Contracting Parties cannot thus be settled within six monthssettled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. 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 citizen 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 to make the necessary appointments. If the president President is a citizen 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 citizen national of either Contracting Party, or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a citizen of national Of either Contracting Party and who is not otherwise prevented from discharging the said function Function shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. The cost of the Chairman and the members of the tribunal shall be borne in equal parts by the Contracting Parties. The tribunal may, however, 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. The tribunal shall determine its own procedure.

Disputes between Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channelsnegotiations. (2) . If a dispute between the Contracting Parties cannot thus be settled within six monthssettled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3) . Such an arbitral tribunal shall be constituted for each individual case in the following way. 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 citizen national of a third State who who, on approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of the appointment of the other two members. (4) . If within the periods specified in paragraph (3) 3 of this Article article the necessary appointments have not been made, either Contracting Party may, 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 President is a citizen national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President Vice-Pr sident of the International Court of Justice shall be invited to make the necessary appointments. If the Vice President Vice-Pr sident is a citizen national of either Contracting Party, or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a citizen national of either Contracting Party and who is not otherwise prevented from discharging the said function shall be invited to make the necessary appointments. (5) . The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. The cost costs of the Chairman and the members of the tribunal shall be borne in equal parts by the Contracting Parties. The tribunal may, however, 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. The tribunal shall determine its own procedure.

Disputes between Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channelsnegotiations. (2) . If a dispute between the Contracting Parties cannot thus be settled within six monthssettled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3) . Such an arbitral tribunal shall be constituted for each individual case in the following way. 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 citizen national of a third State who who, on approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of the appointment of the other two members. (4) . If within the periods specified in paragraph (3) 3 of this Article 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 to make the necessary appointments. If the president President is a citizen national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice Vice-President is a citizen national of either Contracting Party, or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a citizen national of either Contracting Party and who is not otherwise prevented from discharging the said function shall be invited to make the necessary appointments. (5) . The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. The cost costs of the Chairman and the members of the tribunal shall be borne in equal parts by the Contracting Parties. The tribunal may, however, 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. The arbitral tribunal shall determine its own procedure.

Disputes between Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. (2) If a . Any dispute between the Contracting Parties relating to the interpretation or appli- cation of this Agreement shall be settled, to the extent possible, through diplomatic chan- nels. 2. If the Contracting Parties cannot thus be settled reach agreement within six monthsmonths after the dis- pute between them arises, it shall upon the dispute, at the request of either of the Contracting Party Par- ties, may be submitted to an arbitral tribunal. (3) Such an . The arbitral tribunal shall be constituted for each individual specific case in the following way. as follows: 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 citizen 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 on which one of appointment the Contracting Parties receives the petition of the other Contracting Party to submit the dispute to arbitral proceedings, each Contract- ing Party shall appoint one arbitrator. Those two membersarbitrators shall, within two months, se- lect a third arbitrator, who shall be a national of a third State. The third arbitrator shall, by mutual consent of the Contracting Parties, be the President of the arbitral tribunal. (4) . If the arbitral tribunal is not constituted within the periods period specified in paragraph (3) 3 of this Article and if the necessary appointments have not been madeContracting Parties are unable to agree otherwise, either of the Contracting Party may, in the absence of any other agreement, Parties may invite the President of the International Court of Justice to make the necessary appointments. If the president President of the International Court of Justice is a citizen na- tional of either one of the Contracting Party Parties or if he is otherwise prevented from discharging unable to perform the said functionabove-mentioned function for other reasons, the Vice President shall be invited right to make the necessary appointmentsappointments shall be granted to the Vice-President of the International Court of Justice. If the Vice Vice-President is a citizen na- tional of either one of the Contracting Party, Parties or if he too is prevented from discharging unable to perform the said above-mentioned function, the invitation to make the necessary appointments shall go to the most senior member of the International Court of Justice next in seniority who is not a citizen national of either Contracting Party and who is not otherwise prevented from discharging of the said function shall be invited to make the necessary appointmentsCon- tracting Parties. (5) . The arbitral tribunal tribunal, guided by the provisions of this Agreement and the stan- dards of international law, shall reach determine its decision own rules of procedure. The arbitral tribu- nal shall take its decisions by a majority of votes. Such The decisions of the arbitral tribunal shall be final and binding on both Contracting Parties. 6. Each of the Contracting Parties shall defray the expenses of the arbitrator ap- pointed by it and the expenses of its representation in the arbitral proceedings; the ex- penses of the president of the arbitral tribunal and other expenses shall be shared equally by the Contracting Parties. The arbitral tribunal, however, may, by its own decision, specify a larger share of the expenses for one of the Contracting Parties, and that decision shall be binding on both Contracting Parties. The cost of the Chairman and the members of the tribunal shall be borne in equal parts by the Contracting Parties. The tribunal may, however, 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. The tribunal shall determine its own procedure.

Disputes between Contracting Parties. (1) Disputes between the The Contracting Parties concerning shall endeavor to settle any dispute regarding the interpretation or application of this Agreement shouldAgreement, if possible, be settled through diplomatic channels. (2) If a it is not possible to settle the dispute between the Contracting Parties cannot thus two contracting parties in this way, the dispute shall be settled within six months, it shall upon referred to an arbitral tribunal at the request of either Contracting Party be submitted to an arbitral tribunalcontracting party. (3) Such an arbitral tribunal a court shall be constituted for each individual case separately in the following way. Within manner: Each of the Contracting Parties shall, within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those , and these two members shall then select designate a citizen national of a third State who on approval country, after being approved by the two Contracting Parties shall be appointed Chairman States, as President of the tribunal. The Chairman appointment of the chairman shall be appointed within two months from the date 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 the necessary appointments have not been madeArticle, either Contracting Party may, in the absence of any other agreementarrangement, invite the President of the International Court of Justice to make the necessary appointments. If the president President of the International Court of Justice is a citizen national of either one of the Contracting Party Parties or if he is otherwise prevented from discharging unable to perform the said function, the Vice Vice-President of the International Court of Justice shall be invited required to make the necessary appointments. If the Vice Vice-President of the International Court of Justice is a citizen national of either one of the Contracting PartyParties, or if he too is prevented from discharging also unable to perform the said functionaforementioned task, the member of the International Court of Justice next in seniority office who is not a citizen national of either one of the Contracting Party and who is not otherwise prevented from discharging the said function Parties shall be invited asked to make the necessary appointments. (5) The arbitral tribunal shall reach take its decision by a majority of votes. Such This decision shall be taken in accordance with this Agreement and in accordance with the applicable rules of international law, and shall be final and binding on both Contracting Parties. Each of the Contracting Parties shall bear the fees of the member of the arbitration court appointed by him, as well as the fees of his representatives in the arbitration procedures. As for the fees of the President, as well as any other costs related to the arbitration procedures, both Contracting Parties shall bear equally between them. However, the arbitral tribunal may, based on its evaluation, decide that one of the Contracting Parties bears a greater or all of the costs, and this judgment shall be binding on both Contracting Parties. The cost of the Chairman and the members of the arbitral tribunal shall be borne in equal parts by the Contracting Parties. The tribunal may, however, 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. The tribunal shall determine sets its own procedureprocedures.