Common use of Disputes between the contracting Clause in Contracts

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a 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 in 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 any necessary appointments. If the President is a 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 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 national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs 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 procedures.

Appears in 27 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

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Disputes between the contracting. parties (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel. (2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosesettled, 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. by : a) Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State State, who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two three months from the date of appointment of the other two members. (4b) If within any of the periods specified in paragraph (3) of this Article the necessary appointments have in 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 any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too he, too, is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5c) The arbitral tribunal shall apply the provisions of this Agreement, other Agreements concluded between the Contracting Parties, and the procedural standards called for by international law. It shall reach its decision by a majority of votes. Such The arbitral tribunal determines its own procedure. d) The decisions shall be of the tribunal are final and binding on both upon the Contracting Parties. Parties to the dispute. e) Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining costs 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 proceduresprocedure.

Appears in 19 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a 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 in 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 any necessary appointments. If the President is a 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 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 national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs 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 procedures.

Appears in 11 contracts

Samples: Bilateral Investment Treaty, Bilateral Investment Treaty, Bilateral Investment Treaty

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled by negotiations through negotiationdiplomatic channels. (2) If a dispute between the Contracting Parties cannot thus be settled fail to reach such settlement within six (6) months from after the ist time beginning of negotiations, the dispute arose, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal, in accordance with the provisions of this Article. (3) The Arbitral Tribunal shall be constituted ad hoc, as follows: each of the Contracting Parties shall appoint one member and these two members shall propose a national of a third State as chairman to be appointed by the two Contracting Parties. The members shall be appointed within two (2) months and the chairman shall be appointed within three (3) months from the date on which either Contracting Party notifies the other that it wishes to submit the dispute to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a 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 deadlines specified in paragraph (3) 3 of this Article the necessary appointments have in are not been madecomplied with, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is prevented from doing so, or is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a also national of either Contracting Party or if he too is prevented from discharging making the said functionappointments for any other reason, the Member appointments shall be made by the member of the International Court of Justice who is next in seniority and who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. (5) The arbitral Chairman of the Arbitral Tribunal shall be a national of a third State with which both Contracting Parties maintain diplomatic relations. (6) The Arbitral Tribunal shall rule according to majority vote. The decisions of the tribunal shall reach its decision by a majority of votes. Such decisions shall be final and binding on both Contracting Parties. Each Contracting Party shall bear be responsible for the cost costs of its own member of the tribunal and of its representation in representatives at the arbitral proceedings; the cost . Both Contracting Parties shall assume an equal share of the Chairman and the remaining costs shall be borne in equal parts expenses incurred by the Contracting Partieschairman, as well as any other expenses. The tribunal mayarbitral may make a different decision regarding costs. In all other respects, 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 define its own proceduresrules of procedure.

Appears in 11 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Disputes between the contracting. parties (1) Disputes . Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as possible, be settled through negotiation. (2) . If a any dispute between the Contracting Parties cannot be thus be settled within six months from the ist time the dispute arose6 months, it shall upon the request of either Contracting Party be submitted to an arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed in accordance with the provisions of paragraph 3 of this Article. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalarbitrator. Those The two members arbitrators shall then select a national of a third State who on approval by of the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two three months from the date of appointment of the other two membersarbitrators. (4) . If the tribunal shall not have been constituted within five months of receipt of the periods specified in paragraph (3) of this Article the necessary appointments have in not been maderequest for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointmentsappoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited unable to make the necessary appointments, the Vice-President may be invited to do so. If the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said functionunable to do so, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall may be invited to make the necessary appointments, and so on. (5) . The arbitral tribunal shall reach its decision by a majority of votes. 6. Such decisions The tribunal's decision shall be binding on both final and the Contracting PartiesParties shall abide by and comply with the terms of its award. 7. Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its representation in the arbitral proceedings; arbitration proceedings and half the cost costs of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Partiescosts. 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. 8. The Apart from the above the tribunal shall determine establish its own proceduresrules of procedure.

Appears in 8 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Disputes between the contracting. parties (1) . Disputes arising between the Contracting Parties concerning on the interpretation or application of this I Agreement shouldshall, as far as possible, be settled resolved by negotiation through negotiationdiplomatic channels. (2) . If a dispute between the Contracting Parties cannot thus be settled fail to reach agreement within six (6) months from after the ist time start of negotiations, the dispute arose, it shall upon be referred to an arbitral tribunal at the request of either Contracting Party. 3. The Arbitral Tribunal shall be constituted ad hoc, as follows: each Contracting Party shall designate one member and both members shall nominate a national of a third State as president, who shall be submitted appointed by the two Contracting Parties. Members shall be appointed within two 2) months and the president within three (3) months of the date on which one of the Contracting Parties has notified the other of the intention to submit the dispute to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in 4. If the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a 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 time limits laid down in paragraph (3) 3 of this Article are not observed, any of the necessary appointments have in not been made, either Contracting Party Parties may, in the absence of any other agreement, invite request the President of the International Court of Justice to make any the necessary appointments. If the President is prevented or a national of either one of the Contracting Party or if Parties, the appointments shall be made by the Vice-President. If he is otherwise also prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is serving as a national of either Contracting Party or if he too is prevented from discharging the said function, the Member one of the International Court Contracting Parties, appointments shall be made to the member of Justice next the Tribunal in seniority who the hierarchy, provided that such member is not a national of either Contracting Party Party. 5. The chairman of the arbitral tribunal shall be invited to make the necessary appointmentsa national of a State with which both Contracting Parties establish diplomatic relations. (5) 6. The arbitral tribunal shall reach its decision decide by a majority of votes. Such Its decisions shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member expenses of the tribunal and respective arbitrator, as well as of its the respective representation in the case before the arbitral proceedings; tribunal. Both Contracting Parties shall bear the cost costs of the Chairman President and the remaining costs shall be borne other expenses in equal parts by the Contracting Partiesparts. The arbitral tribunal may, however, in its decision direct that may adopt a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding different regulation on both Contracting Partiescosts. The arbitral tribunal shall determine define its own proceduresrules of procedure.

Appears in 7 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Disputes between the contracting. parties (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through consultation and negotiation. (2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosehas arisen, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State State, with whom both the Contracting Parties have diplomatic relations, who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two four months from the date of appointment of the other two members. (4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in 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 any necessary appointments. If the President is a 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 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 national of either Contracting Party and belongs to a State with whom both the Contracting Parties have diplomatic relations, shall be invited to make the necessary appointments. (5) . The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs 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 procedures.

Appears in 4 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning relating to the interpretation or application of the provisions of this I Agreement shouldshall, as far as if possible, be settled through negotiationdiplomatic channels. (2) If a dispute between the two Contracting Parties cando not thus be settled reach a settlement within six months from of the ist time date of the months after the dispute arosehas arisen, it the dispute shall upon be submitted, at the request of either Contracting Party be submitted Party, to an a three-member arbitral tribunal. Each Contracting Party shall appoint one arbitrator. The two arbitrators so appointed shall will appoint a chairman, who will be a national of a third State. (3) Such If one of the Contracting Parties has failed to appoint its arbitrator and has not given following an arbitral tribunal invitation by the other Contracting Party to proceed in both months of such appointment, the arbitrator shall be constituted for each individual case in appointed, at the following way. by Within two months request of the receipt latter Party by the President of the request for arbitration, each Contracting Party shall appoint one its member International Court of the tribunal. Those two members shall then select a 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 membersJustice. (4) If the two arbitrators are unable to agree on the choice of the chairman within a period of three months, the periods specified Chairman shall be appointed by the President of the International Court of Justice. within two months of their appointment, the latter shall be appointed, at the request of either or the other Contracting Party, by the President of the International Court of Justice. (5) If, in paragraph the cases referred to in sub-paragraphs (3) and (4) of this Article the necessary appointments have in not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is prevented from holding office or if he is a national of either one of the Contracting Party Parties, the appointments shall be made by the Vice-President and, if the latter is prevented from holding office 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 national of either Contracting Party or if he too is prevented from discharging the said function, the Member one of the International Contracting Parties, they shall be made by the most senior member of the Court of Justice next in seniority who is not a national of either any of the Contracting Party shall be invited to make the necessary appointmentsParties. (56) The arbitral tribunal Unless the Contracting Parties provide otherwise, the Tribunal shall reach determine its decision by a majority own rules of votes. Such decisions shall be binding on both Contracting Partiesprocedure. Each Contracting Party shall bear the cost expenses of its own member of the tribunal Tribunal and of its his representation in the arbitral proceedings; the cost . The expenses of the Chairman and the remaining costs shall be borne in equal parts equally by the Contracting Parties. , unless the arbitral tribunal decides otherwise. (7) The tribunal may, however, in its decision direct that a higher proportion decisions of costs the Tribunal shall be borne by one of the two final and binding for each Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own proceduresParty.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning parties relating to the interpretation or application of this I agreement 1. Any dispute relating to the interpretation or application of this Agreement should, shall be settled as far as possible, be settled possible through negotiationdiplomatic channels. (2) . In the absence of a settlement through diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties; this commission shall convene without undue delay at the request of the first party to take action. 3. If a dispute between the Contracting Parties joint commission cannot thus settle the dispute, the latter shall be settled within six months from the ist time the dispute arosesubmitted, 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 arbitration court set up as follows for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each case: Each Contracting Party shall appoint one arbitrator within a period of three months from the date on which either Contracting Party has informed the other Party of its member intention to submit the dispute to arbitration. Within a period of the tribunal. Those three months following their appointment, two members arbitrators shall then select appoint by mutual agreement a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman as chairman of the tribunalarbitration court. 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 these time limits have in not been madecomplied with, either Contracting Party may, in the absence of any other agreement, invite shall request the President of the International Court of Justice to make any the necessary appointmentsappointment(s). If the President of the International Court of Justice is a national of either Contracting Party or if of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he is otherwise prevented from discharging the said cannot exercise this function, the Vice Vice- President shall be invited to make the necessary appointments. If the Vice President is a 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 national of either Contracting Party shall be invited requested to make the necessary appointmentsappointment(s). (5) 4. The arbitral tribunal court thus constituted shall reach determine its decision own rules of procedure. Its decisions shall be taken by a majority of the votes. Such decisions ; they shall be final and binding on both the Contracting Parties. 5. Each Contracting Party shall bear the cost costs resulting from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitral proceedings; the cost administrative costs of the Chairman and the remaining costs court shall be borne in equal parts equally 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 procedures.

Appears in 2 contracts

Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement

Disputes between the contracting. parties (1) 1 — Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled through negotiationnegotiations. (2) 2 — If a dispute between the Contracting Parties cannot thus be settled fail to reach such settlement within six months from after the ist time beginning of negotiations, the dispute aroseshall, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal, in accordance with the provisions of this article. (3) Such an arbitral tribunal 3 — The Arbitral Tribunal shall be constituted for in each individual case in the following way. by Within two months as follows: each of the receipt of the request for arbitration, each Contracting Party Parties shall appoint one its member of the tribunal. Those and these two members shall then select propose a national of a third State who on approval State, with which both Contracting Parties maintain diplomatic relations, as chairman to be appointed by the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman members shall be appointed within two months and the chairman shall be appointed within three months from the date of appointment of on which either Contracting Party notifies, the other two membersthat it wishes to submit the dispute to an arbitral tribunal. (4) 4 — If within the periods deadlines specified in paragraph (3) 3 of this Article the necessary appointments have in article are not been madecomplied with, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is prevented from doing so, or is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is also a national of either Contracting Party or if he too is prevented from discharging making the said functionappointments for any other reason, the Member appointments shall be made by the member of the International Court of Justice who is next in seniority and who is not a national of either Contracting Party Party. 5 — The Arbitral Tribunal shall rule according to majority vote. The decisions of the tribunal shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be final and binding on both Contracting Parties. Each Contracting Party shall bear be responsible for the cost costs of its own member of the tribunal and of its representation in representatives at the arbitral proceedings; the cost . Both Contracting Parties shall assume an equal share of the Chairman and expenses incurred on the remaining costs shall be borne in equal parts by the Contracting Partieschairman, as well as any other expenses. The tribunal may, however, may however in its decision direct that a higher proportion of costs cost shall be borne by one of the two Contracting Parties. In all other respects, and this award the tribunal court shall be binding on both Contracting Parties. The tribunal shall determine define its own proceduresrules of procedure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Disputes between the contracting. parties (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationnegotiations. (2) If such a dispute between the Contracting Parties cannot thus be settled within six months from the ist time beginning of the dispute arosedispute, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators: one appointed by each Contracting Party, and the third, who shall be the Chairperson of the tribunal, appointed by agreement of the Contracting Parties. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member an arbitrator, and within two months of such appointment of the tribunal. Those two members shall then select a national of a third State who on approval by arbitrators, the two Contracting Parties shall be appointed Chairman of appoint the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersthird arbitrator. (4) If within the any periods specified in paragraph (3) of this Article the necessary appointments have in not been made, made either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointmentsappoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionunable to do so, the Vice Vice- President shall may be invited to make the necessary appointmentsdo so. If the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said functionunable to do so, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall may be invited to make the necessary appointmentsappointments and so on. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions . (6) The tribunal's decision shall be binding on both final and the Contracting Parties. Parties shall abide by and comply with the terms of its award. (7) Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its representation in the arbitral proceedings; arbitration proceedings and half the cost costs of the Chairman Chairperson and the remaining costs shall be borne in equal parts by the Contracting Partiescosts. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Partiesparties, and this award shall be binding on both Contracting Parties. The parties. (8) Apart from the above, the tribunal shall determine establish its own proceduresrules of procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Agreement

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning contracting parties relating to the interpretation or application of the provisions of this I Agreement shouldshall, as far as if possible, be settled through negotiationdiplomatic channels. (2) If both contracting parties fail to reach a dispute between the Contracting Parties cannot thus be settled settlement within six months from the ist time date on which the dispute arosehas arisen, it the latter shall be submitted, at the request of either contracting party to an arbitral tribunal composed of three members. each Contracting Party shall appoint an arbitrator. the two arbitrators so nominated shall appoint a chairman who shall be a national of a third State. (3) If a Contracting Party 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 appointment the latter shall be appointed upon the request of either Contracting Party be submitted to an arbitral tribunalby the President of the International Court of Justice. (35) Such an arbitral tribunal shall be constituted for each individual case If in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a 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 cases specified in paragraph (3) and (4) of this Article the necessary appointments have in not been madearticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is prevented from carrying out this function or if he is a national of either Contracting Party Party, the appointment shall be made by the vice-prési-dent, and if the latter is prevented 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 national of either Contracting Party or if he too is prevented from discharging Party, they will be made by the said function, the Member most senior member of the International Court of Justice next in seniority who is not a national of either of the Contracting Party shall be invited to make the necessary appointmentsParties. (56) The arbitral Unless the Contracting Parties decide otherwise, the tribunal shall reach determine its decision by a majority own rules of votesprocedure. Such decisions shall be binding on both Contracting Parties. Each each Contracting Party shall bear the cost costs of its own member of the tribunal Tribunal and of its representation in the arbitral arbitration proceedings; . the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. contracting parties unless the arbitral tribunal decides otherwise. (7) The tribunal may, however, in its decision direct that a higher proportion decisions of costs the Tribunal shall be borne by one of the two Contracting Parties, final and this award shall be binding on both Contracting Parties. The tribunal shall determine its own proceduresthe contracting parties.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Disputes between the contracting. parties (1) Disputes If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this I Agreement shouldAgreement, the Contracting Parties shall, as far as possible, be settled through settle it by negotiation. (2) If a dispute between the Contracting Parties cannot thus be settled fail to reach a settlement of the dispute within six months from the ist time the dispute arosemonths, it shall upon may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party Party, be submitted for decision to an arbitral tribunal. (3) Such an arbitral a tribunal of three arbitrators which shall be constituted for each individual case in the following way. by Within two months of the manner: (a) within thirty days after receipt of the a request for arbitration, each Contracting Party shall appoint one its member arbitrator. A national of a State which can be regarded as neutral in relation to the dispute, who shall act as President of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties , shall be appointed Chairman as the third arbitrator by agreement between the two arbitrators, within sixty days of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.second; (4b) If if within the periods time limits specified in paragraph (3) of this Article the necessary appointments have in above any appointment has not been made, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice Justice, in a personal and individual capacity, to make any the necessary appointmentsappointment within thirty days. If the President considers that he is a national of either Contracting Party a State which cannot be regarded as neutral in relation to the dispute or if he is otherwise prevented from discharging the said unable to discharge this function, the Vice Vice-President shall be invited to make or the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the next most senior Member of the International Court of Justice next in seniority who is not a national of either Contracting Party disqualified on those grounds shall be invited to make the necessary appointmentsappointment. (53) Except as hereinafter provided in this Article or as otherwise agreed by the Contracting Parties, the tribunal shall determine the limits of its jurisdiction and establish its own procedure. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decisions At the direction of the Tribunal, or at the request of either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than thirty days after the Tribunal is fully constituted. (4) Except as otherwise agreed by the Contracting Parties or prescribed by the Tribunal, each Contracting Party shall submit a memorandum within forty five days after the Tribunal is fully constituted. Replies shall be due sixty days later. The Tribunal shall hold a hearing at the request of either Contracting Party, or at its discretion, within thirty days after replies are due. (5) The Tribunal shall attempt to give a written decision within thirty days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision shall be taken by a majority vote. (6) The Contracting Parties may submit requests for clarification of the decision within fifteen days after it is received and such clarification shall be issued within fifteen days of such request. (7) The decision of the Tribunal shall be final and binding on both the Contracting Parties. . (8) Each Contracting Party shall bear the cost of its own member costs of the tribunal and of its representation in the arbitral proceedings; the cost arbitrator appointed by it. The other costs of the Chairman and the remaining costs Tribunal shall be borne in equal parts shared equally by the Contracting PartiesParties including any expenses incurred by the President, Vice-President, or Member of the International Court of Justice in implementing the procedures in paragraph (2)(b) of this Article. The tribunal may, however, in Tribunal may make a different decision regarding the sharing of the costs. (9) The Tribunal shall reach its decision direct that a higher proportion in accordance with the provisions 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 proceduresAgreement.

Appears in 2 contracts

Samples: Investment Agreement, Investment Promotion and Protection Agreement

Disputes between the contracting. parties (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled through negotiationamicably. (2) . If a dispute between the Contracting Parties cannot thus be settled reach an agreement within six months from the ist time date of written request for settlement, the dispute aroseshall, it shall upon the written request of either Contracting Party Party, be submitted to an arbitral tribunaltribunal of three members. (3) . Such an arbitral tribunal Arbitral Tribunal shall be constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two three months from the date of appointment of the other two members. (4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in 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 any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a 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 national of either Contracting Party shall be invited to make the necessary appointments. (5) . The arbitral tribunal shall reach its decision by a majority Chairman of votes. Such decisions the Arbitral Tribunal shall be a national of a third State with which both Contracting Parties maintain diplomatic relations. 6. The Arbitral Tribunal shall rule according to majority vote. The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear be responsible for the cost costs of its own member of the tribunal and of its representation in representatives at the arbitral proceedings; . Both Contracting Parties shall assume an equal share of the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal mayChairman, 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 proceduresas well as any other costs.

Appears in 1 contract

Samples: Investment Agreement

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Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationnegotiations. (2) If a dispute between the Contracting Parties cannot thus be settled within settled, after six months from the ist time the dispute aroseit shall, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunalarbitration. (3) Such an The arbitral tribunal shall be constituted for each individual case in the following wayconsist of three arbitrators. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of arbitrator and within two months from then the tribunal. Those two members arbitrators shall then select a national of appoint a third State arbitrator who on approval by the two Contracting Parties shall be appointed the 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 in 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 any necessary such appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a 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 national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; proceedings and half the cost costs of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Partiescosts. 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 proceduresprocedure and the rules of law to be applied.

Appears in 1 contract

Samples: Bilateral Investment Treaty

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by : Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a 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 in 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 any necessary appointments. If the President is a 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 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 national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs 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 procedures.

Appears in 1 contract

Samples: Investment Promotion Agreement

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosesettled, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a 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 in 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 any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice- President is a 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 national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs 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 proceduresprocedure.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning parties relating to the interpretation or application of this I agreement 1. Any disputes relating to the interpretation or application of this Agreement should, shall be settled as far as possible, be settled possible through negotiationdiplomatic channels. (2) . In the absence of a settlement through diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties; this commission shall convene without undue delay at the request of the first party to take action. 3. If a dispute between the Contracting Parties joint commission cannot thus settle the dispute, the later shall be settled within six months from the ist time the dispute arosesubmitted, 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 arbitration court set up as follows for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each case: Each Contracting Party shall appoint one arbitrator within a period of two months from the date on which either Contracting Party has informed the other Party of its member intention to submit the dispute to arbitration. Within a period of the tribunal. Those two members months following their appointment, these two arbitrators shall then select appoint by mutual agreement a national of a third State who on approval by the two Contracting Parties shall be appointed as Chairman of the tribunalarbitration court. 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 these time limits have in not been madecomplied with, either Contracting Party may, in the absence of any other agreement, invite shall request the President of the International Court of Justice to make any necessary appointmentsthe appointment(s). If the President of the International Court of Justice is a national of either Contracting Party or if of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he is otherwise prevented from discharging the said cannot exercise this function, the Vice Vice- President shall be invited to make the necessary appointments. If the Vice President is a 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 national of either Contracting Party shall be invited requested to make the necessary appointmentsappointment(s). (5) 4. The arbitral tribunal court thus constituted shall reach determine its own rules of procedure. Its decision shall be taken by a majority of the votes. Such decisions ; they shall be final and binding on both the Contracting Parties. 5. Each Contracting Party shall bear the cost resulting from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitral proceedings; the cost administrative costs of the Chairman and the remaining costs court shall be borne in equal parts home equally 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 procedures.

Appears in 1 contract

Samples: Investment Agreement

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled through negotiationnegotiations between the Contracting Parties. (2) If such a dispute between the Contracting Parties cannot thus be settled within six three months from the ist time the dispute arosebeginning of negotiation, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. by : Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State State, who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two three months from the date of appointment of the other two members. (4) If within any of the periods specified in paragraph (3) of this Article the necessary appointments have in 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 any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too he, too, is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall apply the provisions of this Agreement, other Agreements concluded between the Contracting Parties, and the procedural standards called for by international law. It shall reach its decision by a majority of votes. Such decisions decision shall be final and binding on both Contracting Parties. The arbitral tribunal determines its own procedure. (6) Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining costs 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 procedures.

Appears in 1 contract

Samples: Investment Agreement

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiationnegotiations. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select select, subject to the approval of the two Contracting Parties, a national of a third State who on approval by the two Contracting Parties shall be appointed to act as 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 in 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 any the necessary appointments. If the President is a 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 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 national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs 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 proceduresprocedure.

Appears in 1 contract

Samples: Investment Agreement

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled amicably through negotiation.negotiations; (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a 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 in 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 any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be he invited to make the necessary appointments. If the Vice President is a 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 national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be final and binding on both Contracting Parties. Both contracting states shall commit themselves to the decision in accordance with their respective laws and the provisions of this Agreement as well as the generally recognized principle of international law accepted by both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs 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 procedures.

Appears in 1 contract

Samples: Investment Agreement

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiationnegotiation on a friendly consultation through diplomatic channels. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a 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 in 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 any necessary appointments. If the President is a 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 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 national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs 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 procedures.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Disputes between the contracting. parties (1) Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this I Agreement shouldshall, as far as to the extent possible, be settled through negotiationdiplomatic channels. (2) If a dispute between the both Contracting Parties cannot thus be settled reach an agreement within six months from after the ist time beginning of the dispute arosebetween themselves, it 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 national 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 be submitted to an arbitral tribunalby the President of the International Court of Justice. (5) If, in the cases specified under paragraphs (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a 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. and (4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If is prevented from carrying out the President said function or is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice President appointment shall be invited to make made by the necessary appointments. If Vice-President, and if the Vice President latter is prevented or is a national of either Contracting Party or if he too is prevented from discharging the said functionParty, the Member appointment shall be made by the most senior judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. (56) The arbitral Subject to other provisions made by the Contracting Parties, the tribunal shall reach determine its decision by a majority of votes. Such decisions shall be binding on both Contracting Partiesown procedure. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The , unless the arbitral 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. decides otherwise. (7) The tribunal shall determine its own proceduressettle the dispute in accordance with the provisions of the Agreement and applicable rules and principles of international law. 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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