Common use of Disputes between the Contracting Parties concerning the interpretation Clause in Contracts

Disputes between the Contracting Parties concerning the interpretation. or Application of this Agreement 1. Disputes between the contracting parties concerning the interpretation or application of this Agreement shall be settled as far as possible through consultations or negotiations. 2. In the absence of a settlement through negotiations or consultations within a period of three months, the dispute shall be submitted to the Tribunal established under this article. 3. The arbitral tribunal shall be constituted for each individual case in the following way. Within three months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. Those two arbitrators shall select a citizen by mutual agreement of a third State who, approved by the Contracting Parties shall be appointed as Chairman of the Tribunal (hereinafter referred to as "President"). The Chairman shall be appointed within 40 days from the date of appointment of the last two of the members of the Tribunal. 4. If the necessary appointments have not been made within the periods specified in paragraph 3 of this article, either Contracting Party may request the President of the International Court of Justice to make the necessary appointment(s). If the President of the International Court of Justice is a citizen of either Contracting Party or of a State with which one of the Contracting Parties has no diplomatic relations or for any other reason, cannot discharge the said function, it shall request the Vice-President of the International Court of Justice to make the appointment(s). If the Vice-President of the International Court of Justice is also prevented from exercising the function it shall ask the next most senior member who is not a citizen of either Contracting Party, the concerned designation(s). 5. The tribunal shall determine its own rules of procedure. Its decisions shall be taken by a majority of votes. The Tribunal shall decide the dispute according to this Agreement interpreted and applied in accordance with the applicable rules of International Law. The decisions of the Tribunal shall be final and binding to the contracting parties. 6. Each Contracting Party shall bear the costs of its representation in the arbitral proceedings. The fees of the tribunal will be proportionately paid by the contracting parties. However, the Tribunal shall decide that a higher proportion of the costs be arranged by one of the Contracting Parties.

Disputes between the Contracting Parties concerning the interpretation. or and Application of this Agreement 1. Disputes between the contracting parties Contracting Parties concerning the interpretation or and application of this Agreement shall be settled shall, as far as possible possible, be settled through consultations or negotiationsdiplomatic channels. 2. In the absence of a settlement through negotiations or consultations within a period of three months, If the dispute cannot thus be settled within six (6) months following the date on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to the Tribunal established under this articlean Arbitral Tribunal. 3. The arbitral tribunal Such an Arbitral Tribunal shall be constituted for each individual case in the following way. Within three two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. Those two arbitrators members shall then select a citizen by mutual agreement national of a third State who, approved who on approval by the two Contracting Parties shall be appointed as Chairman of the Tribunal (hereinafter referred to as "President")Tribunal. The Chairman shall be appointed within 40 days four (4) months from the date of appointment of the last other two of the members of the Tribunalmembers. 4. If the necessary appointments have not been made within the periods specified in paragraph 3 of this articleArticle, either Contracting Party may request may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment(s)appointments. If the President is a national of either Contracting Party or is otherwise 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 or of a State with which one of the Contracting Parties has no diplomatic relations or for any other reason, canis not discharge otherwise prevented from discharging the said function, it shall request the Vice-President of the International Court of Justice be invited to make the appointment(s). If the Vice-President of the International Court of Justice is also prevented from exercising the function it shall ask the next most senior member who is not a citizen of either Contracting Party, the concerned designation(s)necessary appointments. 5. The tribunal Arbitral Tribunal shall determine reach its own rules of procedure. Its decisions shall be taken decision by a majority of votes. The Tribunal shall decide the dispute according to this Agreement interpreted and applied in accordance with the applicable rules of International Law. The decisions of the Tribunal shall be final and binding to the contracting parties. 6on both Contracting Parties. Each Contracting Party shall bear the costs of the member appointed by that Contracting Party and of its representation in the arbitral proceedings. The fees Both Contracting Parties shall assume an equal share of the tribunal will be proportionately paid by costs of the contracting partiesChairman, as well as any other costs. HoweverOn review of the case, the Tribunal shall decide that may make a higher proportion different decision regarding the sharing of the costs costs. In all other respects, the Arbitral Tribunal shall determine its own rules of procedure. 6. Issues subject to dispute referred to in paragraph 1 of this Article shall be arranged by one decided in accordance with the provisions of this Agreement and the Contracting Partiesgenerally recognised principles of international law.

Disputes between the Contracting Parties concerning the interpretation. or Application of this Agreement 1. Disputes between the contracting parties Any dispute concerning the interpretation or application of this Agreement shall shall, if possible, be settled as far as possible through consultations or negotiationsdiplomatic channels. 2. In the absence of a settlement rules through negotiations or consultations within a period of three monthsdiplomatic channels, the dispute shall be submitted to a joint commission composed of representatives of both sides, which shall meet at the Tribunal established under this articlerequest of either party diligent and without undue delay. 3. The If the Joint Commission cannot settle the dispute within a period of six months, it shall be submitted, at the request of either of the contracting parties to an arbitral tribunal shall be constituted for each individual case in the following way. Within three months of the receipt of the request for arbitration, each : Each Contracting Party shall appoint one member an arbitrator within two months from the date on which either Contracting Party has informed the other of its intention to submit the Tribunaldispute to arbitration. Those Within two months after their appointment, the two arbitrators shall select a citizen appoint by mutual agreement a national of a third State who, approved by who will serve as the Contracting Parties shall be appointed as Chairman of the Tribunal (hereinafter referred to as "President"). The Chairman shall be appointed within 40 days from the date of appointment of the last two of the members of the Tribunal. 4arbitral tribunal. If the necessary appointments time limits have not been made within the periods specified in paragraph 3 of this articlemade, either Contracting Party may request invite the President of the International Court of Justice to make the appointment or the necessary appointment(sappointments (s). If the President of the International Court of Justice is a citizen national of either Contracting Party or of a State with which one of the Contracting Parties has no either contracting party does not maintain diplomatic relations or for any other reason, cannot discharge the said if he is otherwise prevented from exercising this function, it shall request the Vice-President of the International Court of Justice shall be invited to make the appointment(snecessary appointments or appointment (s). If the Vice-President is a national of either Contracting Party or if he is prevented from exercising his mandate, the most senior member of the International Court of Justice is also prevented from exercising the function it shall ask the next most senior member who is not a citizen national of either Contracting Party, Party shall be invited to make the concerned designation(s)necessary appointments. 54. The tribunal Court thus constituted shall determine its own rules of procedure. Its its decisions shall be taken by a majority of the votes. The Tribunal shall decide the dispute according to this Agreement interpreted and applied in accordance with the applicable rules of International Law. The decisions of the Tribunal ; they shall be final and binding to on the contracting partiesContracting Parties. 65. Each Contracting Party shall bear the costs of its representation in appointed arbitrator. the arbitral proceedings. The fees costs resulting from the appointment of the tribunal will third arbitrator and costs of the Tribunal shall be proportionately paid borne in equal parts by the contracting parties. However, the Tribunal shall decide that a higher proportion of the costs be arranged by one of the Contracting Parties.