Common use of Disputes between the Contracting Party Clause in Contracts

Disputes between the Contracting Party. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channels. 2. If the dispute cannot thus be settled within six months from the beginning of the negotiations, it shall, upon the request of either Contracting Party, be submitted to an arbitration tribunal. 3. The arbitration tribunal shall be constituted as follow: Each Contracting Party shall appoint one arbiter and these two arbiters shall agree upon a national of a third State as Chairman. The arbiters shall be appointed within three months, the Chairman within five months from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitration tribunal. 4. If one of the Parties fails to appoint its arbiter and has not proceeded to do so within the specified period, the other Party may invite the President of the International Court of Justice to make the necessary appointments. If the two arbiters are unable to reach an agreement, in the specified period, on the choise of the third arbiter, either Party may invite the President of the International Court of Justice to make the necessary appointments. 5. If, in the cases provided for in the fourth paragraph of the present Article, the President of the International Court of Justice is prevented from exercising the said function, or is a national of either Contracting Party, the Vice President shall be invited to make the necessary appointments. If the Vice President is prevented fom fulfiling of the said function or is a national of either Party, the most senior member of the Court available, who is not a citizen of either Party, shall be invited to make the necessary appointments. 6. The arbitration tribunal shall decide on the basis of respecting International Law, including particularly the present Agreement and other relevant agreements existing between the two Contracting Parties, as well as the generally acknowledged rules and principles of International Law. 7. Unless the Parties decide otherwise, the tribunal shall de termine its own procedure. 8. The tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Parties. 9. Each Contracting Party shall bear the costs of arbiter appointed by itself and of its representatives. The cost of the Chairman as well as the other costs will be born in equal parts by the Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

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Disputes between the Contracting Party. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channels. 2. If In the dispute cannot thus this be settled within six months from the beginning of day in which one Party has informed in a written way the negotiationsother Contracting Party, it shallcan be transferred, upon on the request of either Contracting Party, be submitted to an one Party in the arbitration tribunal. 3. tribunal The arbitration tribunal shall be constituted as follow: Each Contracting Party shall appoint one arbiter and these two arbiters shall agree upon a national of a third State as Chairman. The arbiters shall be appointed within three months, the Chairman within five months from the date on which either day that two other members are nominated, 3. In the case when the nomination cannot be made in the right time, every Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitration tribunal. 4. If one of the Parties fails to appoint its arbiter and has not proceeded to do so within the specified period, the other Party may invite can ask the President of the International Court of Justice United Nations to make the necessary appointmentsappointments within 3 months. 4. If the two arbiters are unable to reach an agreementIf, in the specified period, on cases provided for in the choise third paragraph of the third arbiterpresent Article, either Party the nomination are not made, Parties may invite the President of the International Court of Justice to make the necessary appointments. 5. If, in the cases provided for in the fourth 3 and 4 paragraph of the present Article, the President of the International Court of Justice is the citizen of one of the Contracting Parties, or if he is prevented from exercising the said function, or is a national of either Contracting Party, function the Vice President shall be invited to make the necessary appointments. If the Vice President is prevented fom fulfiling from fulfilling of the said function or is a national of either Party, the most senior member of the Court available, who is not a citizen of either Party, cither Party shall be invited to make the necessary appointments. 6. The arbitration tribunal shall decide on For the basis of respecting International Law, including particularly provisions decided from the present Agreement and other relevant agreements existing between the two Contracting Parties, as well as the generally acknowledged rules and principles of International Law. 7. Unless the Parties arbitration tribunal will decide otherwise, the tribunal shall de termine its own procedure. 8. The tribunal shall reach its decision by a majority of votes 7. Such decision The decisions of the Court shall be final and binding on the two Parties. 98. Each Contracting Party shall bear the costs of arbiter appointed by itself and of its representatives. The cost of the Chairman as well as the other costs will be born in equal parts by the Contracting Parties. The other expenses done by a party have to be paid by this Party if the tribunal decides so.

Appears in 1 contract

Samples: Investment Agreement

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Disputes between the Contracting Party. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channels. 2. If In the dispute cannot thus this be settled within six months from the beginning of day in which one Party has informed in a written way the negotiationsother Contracting Party, it shallcan be transferred, upon on the request of either Contracting Party, be submitted to an one Party in the arbitration tribunal. 3. tribunal The arbitration tribunal shall be constituted as follow: Each Contracting Party shall appoint one arbiter and these two arbiters shall agree upon a national of a third State as Chairman. The arbiters shall be appointed within three months, the Chairman within five months from the date on which either day that two other members are nominated, . 3. In the case when the nomination cannot be made in the right time, every Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitration tribunal. 4. If one of the Parties fails to appoint its arbiter and has not proceeded to do so within the specified period, the other Party may invite can ask the President of the International Court of Justice United Nations to make the necessary appointmentsappointments within 3 months. 4. If the two arbiters are unable to reach an agreementIf, in the specified period, on cases provided for in the choise third paragraph of the third arbiterpresent Article , either Party the nomination are not made, Parties may invite the President of the International Court of Justice to make the necessary appointments. 5. If, in the cases provided for in the fourth f3 and 4 paragraph of the present Article, the President of the International Court of Justice is the citizen of one of the Contracting Parties, or if he is prevented from exercising the said function, or is a national of either Contracting Party, function the Vice President shall be invited to make the necessary appointments. If the Vice President is prevented fom fulfiling from fulfilling of the said function or is a national of either Party, the most senior member of the Court available, who is not a citizen of either Party, cither Party shall be invited to make the necessary appointments. 6. The arbitration tribunal shall decide on For the basis of respecting International Law, including particularly provisions decided from the present Agreement and other relevant agreements existing between the two Contracting Parties, as well as the generally acknowledged rules and principles of International Law. 7. Unless the Parties arbitration tribunal will decide otherwise, the tribunal shall de termine its own procedure. 8. The tribunal shall reach its decision by a majority of votes 7. Such decision The decisions of the Court shall be final and binding on the two Parties. 98. Each Contracting Party shall bear the costs of arbiter appointed by itself and of its representatives. The cost of the Chairman as well as the other costs will be born in equal parts by the Contracting Parties. The other expenses done by a party have to be paid by this Party if the tribunal decides so.

Appears in 1 contract

Samples: Investment Protection Agreement

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