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 cannot reach an agreement within twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a citizen 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 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 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 citizen of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is a citizen of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a citizen of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its own procedure. (7) Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitral proceeding. The cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) The decisions of the tribunal are final and binding for each Contracting Party.

Appears in 1 contract

Samples: Investment Protection 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 Contracting Parties cannot reach an agreement within twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three members. Each Contracting Party party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a citizen of a third State. (3) . If one of the Contracting Parties has parties ha s 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 shall be appointed upon the request of that Contracting Party by the President 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 party by the President of president of' the International Court of Justice. (5) . If, in the cases specified under paragraphs (3) 3 and (4) 4 of this Article, the President of the International International. Court of Justice is prevented from carrying out the said function or if he is a citizen of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is a citizen of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a citizen of either Contracting Party. (6) . Subject to other provisions made by the Contracting Parties, the tribunal shall determine its own procedure. (7) . Each Contracting Party party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitral proceedingproceedings. The cost of the Chairman chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) 8. The decisions of the tribunal are final and binding for each Contracting Party.

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 Party cannot reach an agreement within twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a citizen of a third State. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed fallowed 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 cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from form carrying out the said function or if he is a citizen of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is a citizen of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a citizen of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, Parties the tribunal shall determine its own procedure. (7) Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitral proceedingproceedings. The cost of the Chairman chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) The decisions of the tribunal are final and binding biding for each Contracting Party.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) . Disputes between the Contracting Parties regarding concerning the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) . If both the Contracting Parties cannot reach an agreement within twelve months after the beginning of the dispute between themselvesshall be submitted, at the latter shall, upon request of either Contracting Party, be submitted party to an arbitral tribunal composed of three members. Each each Contracting Party shall appoint one arbitrator, arbitrator and these the two arbitrators thus appointed shall nominate a chairman appoint the Chairman of the Tribunal who shall be a citizen national of a third State. (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 to make that appointment within two months, the arbitrator shall be appointed upon the request of that the 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, the latter shall be appointed upon designated at 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 carrying out the said function or if he is a citizen 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 a citizen 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 citizen 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. (7) Each . in addition, each Contracting Party shall bear the cost costs of the its own arbitrator it has appointed and of its representation in the arbitral proceedingproceedings. The the cost of the Chairman and the remaining costs shall be borne in equal parts equally by the Contracting Parties unless agreed otherwise. 7. The decisions of the Tribunal are final and binding on the Contracting Parties. (8) The decisions of the tribunal are final and binding for each Contracting Party.

Appears in 1 contract

Samples: Investment Promotion and 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 cannot reach an agreement within twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three members. Each Contracting Party party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a citizen of a third State. (3) . If one of the Contracting Parties 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 shall be appointed upon the request of that Contracting Party by the President 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 party by the President of president of' the International Court of Justice. (5) . If, in the cases specified under paragraphs (3) 3 and (4) 4 of this Article, the President of the International International. Court of Justice is prevented from carrying out the said function or if he is a citizen of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is a citizen of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a citizen of either Contracting Party. (6) . Subject to other provisions made by the Contracting Parties, the tribunal shall determine its own procedure. (7) . Each Contracting Party party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitral proceedingproceedings. The cost of the Chairman chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) 8. The decisions of the tribunal are final and binding for each Contracting Party.

Appears in 1 contract

Samples: Investment Protection 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 the diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within twelve six months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be he submitted to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a citizen 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 that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Internationa! 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 cases specified under paragraphs (313) 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 citizen of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is a citizen of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a citizen of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its own procedure. (7) Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitral proceedingproceedings. The cost of the Chairman chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) The decisions of the tribunal are final and binding for each Contracting Party.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding Any dispute concerning the interpretation or application of the provisions of this Agreement shall agreement should, if possible, be settled through diplomatic channels. (2) If both Contracting Parties cannot reach an In the absence of agreement within twelve months after through the beginning of diplomatic channel, the dispute between themselves, the latter shall, upon request of either Contracting Party, shall be submitted to an arbitral tribunal a committee comprising representatives of three members. Each Contracting Party both parties; it shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a citizen meet at the request of a third Statecontracting party without undue delay. (3) If one a dispute referred to in paragraph 1 cannot be settled within a period 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 six months, the arbitrator it shall be appointed submitted upon the request of that Contracting Party by the President of the International Court of Justiceeither contracting party to an arbitral tribunal. (4) If both arbitrators cannot reach an agreement about The arbitral tribunal shall be constituted for each individual case through the choice appointment of a member by each Contracting Party and these two members of the chairman Agreement on a third person as Chairman. the members shall be appointed within two months after their appointment, of the latter notification by a contracting party to the other party of its intention to submit the dispute to an arbitral tribunal; the Chairman shall be appointed upon the request within a further period of either Contracting Party by the President of the International Court of Justicetwo months. (5) If, If the periods specified in paragraph 3 are not respected and in the cases specified under paragraphs (3) and (4) absence of this Articleany other agreement, either Contracting Party may invite the President of the International Court of Justice is prevented from carrying out to make the said function necessary appointments. if the President of the International Court of Justice has the nationality of a Contracting Party or if he is a citizen of either Contracting Partyfor any other reason unable to perform this function, the appointment shall be made by the Vice-PresidentPresident or, and if the latter it is found, prevented or if he is a citizen of either Contracting Party, the appointment shall be made by the most senior Judge member of the International Court who is not a citizen of either Contracting PartyJustice shall be invited under the same conditions to make the appointments. (6) Subject to other provisions made by the Contracting Parties, the The arbitral tribunal shall determine its own procedure. (7) The arbitral tribunal shall decide by virtue of this Agreement as well as of the generally recognized rules of international law. acting by a majority of votes and that decision shall be final and binding. (8) Each Contracting Party shall bear the cost costs of the arbitrator it has appointed its member and of its representation in the arbitral proceedingarbitration proceedings. The the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Partiescontracting parties. (8) The decisions of the tribunal are final and binding for each Contracting Party.

Appears in 1 contract

Samples: Investment Agreement

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