Disputes between the Parties. (1) Disputes between the Parties concerning the interpretation or application of this Agreement shall, if possible, be amicably settled through consultation. (2) If a dispute between the Parties cannot thus be settled within a period of six months, it shall upon the request of either Party be submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4) If within the periods specified in paragraph (3) of this article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman of the International Court of Arbitration of the International Chamber of Commerce to make any necessary appointments. If the Chairman is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman shall be invited to make the necessary appointments. If the Vice-Chairman is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce next in seniority who is not a national of either Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its award by a majority of votes. Each Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral proceedings; the costs of the Chairman and remaining costs shall be borne in equal parts by the Parties. The tribunal may, however, in its award direct that a highter proportion of this costs shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This award shall be final and binding on the Parties.
Appears in 5 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Parties. (1) . Disputes between the Parties concerning the interpretation or and application of this Agreement shall, if as far as possible, be amicably settled through consultationdiplomatic channels.
(2) . If a the dispute between the Parties cannot thus be settled within a period of six months(6) months following the date on which either Party requested such negotiations, it shall upon at the request of either Party be submitted to an arbitral tribunalArbitral Tribunal.
(3) . Such an arbitral tribunal Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two four (4) months from the date of appointment of the other two members.
(4) . If the necessary appointments have not been made within the periods specified in paragraph (3) 3 of this article the necessary appointments have not been madeArticle, either Party may, in the absence of any other agreement, invite the Chairman President of the International Court of Arbitration of the International Chamber of Commerce to make any necessary appointments. If the Chairman is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman shall be invited Justice to make the necessary appointments. If the Vice-Chairman President is a national of the State of either Party or if he too is otherwise prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce Justice next in seniority who is not a national of the state of either Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal Arbitral Tribunal shall reach its award decision by a majority of votes. The decisions of the Tribunal shall be final and binding on both Parties. Each Party shall bear the costs of its own the member of the tribunal appointed by that Party and of its representation in the arbitral proceedings; . Both Parties shall assume an equal share of the costs of the Chairman and remaining Chairman, as well as any other costs shall be borne in equal parts by connected with the PartiesTribunals procedures. The tribunal may, however, in its award direct that Tribunal may make a highter proportion of this costs shall be borne by one different decision regarding the sharing of the two Partiescosts. The tribunal In all other respects, the Arbitral Tribunal shall determine its own rules of procedure.
6. This award Issues subject to dispute referred to in paragraph 1 of this Article shall be final decided in accordance with the provisions of this Agreement and binding on the Partiesgenerally recognised principles of international law.
Appears in 4 contracts
Samples: Investment Promotion Agreement, Investment Promotion Agreement, Investment Promotion and Protection Agreement
Disputes between the Parties. (1) Disputes Any dispute between the Parties concerning the interpretation or application of this Agreement shallshould, if possible, be amicably settled through consultationnegotiations between the Governments of the two Parties.
(2) If a the dispute between the Parties cannot thus be settled within a period of six sixth months, following the date on which such negotiations were requested by either Party, it shall upon the request of either Party be submitted to an arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the two 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 Article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman President of the International Court of Arbitration of the International Chamber of Commerce Justice to make any necessary appointments. If the Chairman President is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman President shall be invited to make the necessary appointments. If the Vice-Chairman President is a national of either Party or if he too also is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce Justice next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall decide the dispute according to this Agreement and the principles of international law. The arbitral tribunal shall reach its award decision by a majority of votes. Such decision shall be binding on both Parties. Each Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitral proceedings; the costs cost of the Chairman and the remaining costs cost shall be borne in equal parts by the Parties. The tribunal may, however, in its award decision direct that a highter higher proportion of this costs shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This award shall be final and binding on procedures, unless the PartiesParties agree otherwise.
Appears in 4 contracts
Samples: Investment Agreement, Reciprocal Promotion and Protection of Investments Agreement, Reciprocal Promotion and Protection of Investments Agreement
Disputes between the Parties. (1) Disputes between the Parties concerning the interpretation or application of this Agreement shall, if possible, be amicably settled through consultation.
(2) If a dispute between the Parties cannot thus be settled within a period of six months, it shall upon the request of either Party be submitted to an arbitral arbitrage tribunal.
(3) Such an arbitral arbitrage tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the 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.of
(4) If within the periods specified in paragraph (3) of this article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman of the International international Court of Arbitration of the International Chamber of Commerce to make any necessary appointments. If the Chairman is a national of either Party or if he is otherwise othenuise, prevented from discharging the said function, the Vice-Chairman shall be invited to make the necessary appointments. If the Vice-Chairman is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce next in seniority who is not a national of either Party shall be invited to make the necessary appointments.a
(5) The arbitral arbitrage tribunal shall reach its award by a majority of votes. Each Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral arbitrage proceedings; the costs of the Chairman and the remaining costs shall be borne in equal parts by the Parties. The tribunal may, however, in its award direct that a highter higher proportion of this these costs shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This award shall be final and binding on the Parties.,
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Disputes between the Parties. (1) Disputes between the Parties concerning the interpretation or application of this Agreement shall, if possible, be amicably settled through consultation.
(2) If a dispute between the Parties cannot thus be settled within a period of six months, it shall upon the request of either Party be submitted to an arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman of the International international Court of Arbitration of the International Chamber of Commerce to make any necessary appointments. If the Chairman is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman shall be invited to make the necessary appointments. If the Vice-Chairman is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its award decision by a majority of votes. Each Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral proceedings; the costs of the Chairman and the remaining costs shall be borne in equal parts by the Parties. The tribunal may, however, in its award decision direct that a highter higher proportion of this costs cost shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This .
(6) The award reached by the arbitral tribunal shall be final and binding on the Parties.
Appears in 2 contracts
Samples: Investment Agreement, Investment Protection Agreement
Disputes between the Parties. (1) Disputes Any dispute between the Parties concerning the interpretation or application of this Agreement shall, if possible, be amicably settled through consultationconsultation or negotiations between the Parties.
(2) If a the dispute between the Parties cannot thus be settled within a period of six months, following the date on which such negotiations were requested by either Party, it shall upon the request of either Party be submitted to an arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted for each individual case in the following way. :
a) Within two three months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. .
b) Those two members shall then select a national of a third State who on approval by the two Parties shall be appointed Chairman of the tribunal. .
c) 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 sub-Article (3) of this article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman President of the International Court of Arbitration of the International Chamber of Commerce Justice to make any necessary appointments. If the Chairman President is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman President shall be invited to make the necessary appointments. If the Vice-Chairman President is a national of either Party or if he too is also prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce Justice next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall decide the dispute according to this Agreement and the principles of international law. The arbitral tribunal shall reach its award decision by a majority of votes. Such decision shall be binding on both Parties. Each Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitral proceedings; the costs cost of the Chairman and the remaining costs cost shall be borne in equal parts by the Parties. The tribunal may, however, in its award decision direct that a highter higher proportion of this costs shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This award shall be final and binding on procedures, unless the PartiesParties agree otherwise.
Appears in 2 contracts
Samples: Investment Agreement, Bilateral Investment Agreement
Disputes between the Parties. (1) Disputes Any dispute between the Parties concerning the interpretation or application of this Agreement shallshould, if possible, be amicably settled through consultationnegotiations between the Governments of the two Parties.
(2) If a the dispute between the Parties cannot thus be settled within a period of six sixth months, following the date on which such negotiations were requested by either Party, it shall upon the request of either Party be submitted to an arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the two 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.. G THIS REPTfliU'C OF UGANDA
(4) If within the periods specified in paragraph (3) of this article Article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman President of the International Court of Arbitration of the International Chamber of Commerce Justice to make any necessary appointments. If the Chairman President is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman President shall be invited to make the necessary appointments. If the Vice-Chairman President is a national of either eirher Party or if he too is prevented from discharging the said functionfunclion, the Member of the International Court of Arbitration of the International Chamber of Commerce Justice next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall decide the dispute according to this Agreement and the principles of international law. The arbitral tribunal shall reach its award decision by a majority of votes. Such decision shall be binding on both Parties. Each Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitral proceedings; the costs cost of the Chairman and the remaining costs cost shall be borne in equal parts by the Parties. The tribunal may, however, in its award decision direct that a highter higher proportion of this costs shall be borne by one of the two PartiesIwo Parlies. The tribunal shall determine its own procedure. This award shall be final and binding on procedures, unless the PartiesParties agree otherwise.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Disputes between the Parties. (1) Disputes between the Parties concerning the interpretation or application of this Agreement shall, if possible, be amicably settled through consultation.
(2) If a dispute between the Parties cannot thus be settled within a period of six months, it shall upon the request of either Party be submitted to an arbitral arbitrage tribunal.
(3) Such an arbitral arbitrage tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman of the International international Court of Arbitration of the International Chamber of Commerce to make any necessary appointments. If the Chairman is a national of either Party or if he is otherwise othenuise, prevented from discharging the said function, the Vice-Chairman shall be invited to make the necessary appointments. If the Vice-Chairman is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
(5) The arbitral arbitrage tribunal shall reach its award by a majority of votes. Each Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral arbitrage proceedings; the costs of the Chairman and the remaining costs shall be borne in equal parts by the Parties. The tribunal may, however, in its award direct that a highter higher proportion of this these costs shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This award shall be final and binding on the Parties.,
Appears in 1 contract
Samples: Investment Protection Agreement
Disputes between the Parties. (1) . Disputes between the Parties concerning the interpretation or and application of this Agreement shallshould, if as far as possible, be amicably settled by negotiations through consultationdiplomatic channels.
(2) . If a dispute between the Parties cannot thus be settled fail to reach such settlement within a period six (6) months after the beginning of six monthsnegotiations, it shall the dispute shall, upon the request of either Party Party, be submitted to an arbitral tribunal.
(3) Such an arbitral tribunal . The Arbitral Tribunal referred to in paragraph 2 of this article shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each ad hoc as follows:
a) Each Party shall appoint one member of the tribunal. Those and these two members shall then select propose a national of a third State who on approval as chairman to be appointed by the Parties shall be appointed Chairman of the tribunal. two Parties;
b) The Chairman members shall be appointed within two (2) months and the chairman shall be appointed within three (3) months from the date of appointment on which either Party notifies the other in writing that it wishes to submit the dispute to an arbitral tribunal;
c) The chairman of the other two membersarbitral tribunal has to be a national of a State, with which each Party maintain diplomatic relations.
(4) . If within the periods deadlines specified in paragraph (3) 3 of this article the necessary appointments have are not been madecomplied with, either Party may, in the absence of any other agreement, invite the Chairman President of the International Court of Arbitration of the International Chamber of Commerce to make any necessary appointments. If the Chairman is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman shall be invited to make the necessary appointments. If the Vice-Chairman is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce next in seniority who is not a national of either Party shall be invited Justice to make the necessary appointments.
(5) . If the President is prevented from doing so, or is a national of either Party, the appointments shall be made by the member of the Court who is next in seniority and who is not prevented from doing the appointments and not a national of either Party.
6. The arbitral tribunal Arbitral Tribunal shall reach define its award own rules of procedure.
7. The Arbitral Tribunal shall decide on the basis of the provisions of this Agreement as well as of the generally accepted principles and rules of international law.
8. The Arbitral Tribunal shall decide by a majority vote.
9. The decisions of votesthe Tribunal shall be final and binding for both Parties.
10. Each Party shall bear be responsible for the costs of its own member of the tribunal and of its representation in representatives at the arbitral proceedings; the costs . Both Parties shall assume an equal share of the Chairman and remaining costs shall be borne in equal parts expenses incurred by the Partieschairman, as well as any other expenses.
11. The tribunal may, however, in its award direct that Tribunal may make a highter proportion of this costs shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This award shall be final and binding on the Partiesdifferent decision regarding costs.
Appears in 1 contract
Samples: Investment Agreement
Disputes between the Parties. (1) . Disputes between the Parties concerning parties relating to the interpretation or application of this Agreement shall, if as far as possible, be amicably settled through consultationnegotiations between the two Parties through diplomatic channels.
(2) . If a the parties do not reach an agreement within six months after the beginning of negotiations, the dispute between the Parties cannot thus shall be settled within a period of six monthssubmitted, it shall upon at the request of either Party be submitted party to an arbitral tribunal.
(3) Such an . The arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each ad hoc as follows:
a) Each Party shall appoint one member of the tribunal. Those arbitrator and these two members arbitrators shall then select appoint a third arbitrator who is a national of a third State who on approval by the Parties shall to be appointed as Chairman of the tribunal. Tribunal by both parties;
b) The Chairman arbitrators shall be appointed within two three months and the Chairman within five months from the date on which either party shall be communicated to the other party of appointment its intention to submit the dispute to an arbitral tribunal.
c) The Chairman of the other two membersarbitral tribunal shall be a resortissant of a State with which both contracting parties maintain diplomatic relations.
(4) . If within the periods specified in paragraph (3) 3 of this article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman President of the International Court of Arbitration of the International Chamber of Commerce to make any necessary appointments. If the Chairman is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman shall be invited to make the necessary appointments. If the Vice-Chairman is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce next in seniority who is not a national of either Party shall be invited Justice to make the necessary appointments.
(5) . If the President of the International Court of Justice is prevented or if he is a national of either party, the appointment shall be dealt with by the Vice-President of the International Court of Justice. If he is prevented or if he is a national of either party, the appointment shall be the responsibility of the member of the Court next in authority immediately, provided that such Member shall not be a national of one of the Parties.
6. The arbitral tribunal shall reach its award decide on the basis of the provisions of the present Agreement and other agreements in force between the parties and the rules and principles of international law.
7. The arbitral tribunal shall be taken by a majority of votes. The decisions shall be final and binding on both parties.
8. Each Party shall bear the costs of its own member of the tribunal arbitrator and of its representation in the proceedings of the arbitral proceedings; the tribunal. The costs of the Chairman and the remaining costs shall be borne in equal parts by the Partiesparties.
9. The arbitral tribunal maymay make a different regulation concerning costs. With respect to all other areas, however, in its award direct that a highter proportion of this costs shall be borne by one of the two Parties. The arbitral tribunal shall determine define its own rules of procedure. This award shall be final and binding on the Parties.
Appears in 1 contract
Samples: Investment Agreement
Disputes between the Parties. (1) Disputes 1 . Either Party may request consultations on the interpretation or application of this Agreement. The other Party shall give sympathetic consideration to the request. Any dispute between the Parties concerning the interpretation or application of this Agreement shall, if whenever possible, be settled amicably settled through consultationconsultations.
(2) 2 . If a dispute between the Parties cannot thus be settled within a period of six monthsthrough consultations, it shall upon shall, at the request of either Party Party, be submitted to an arbitral tribunalpanel for decision.
(3) Such an 3 . An arbitral tribunal panel shall be constituted for each individual case in the following waydispute. Within two months of the after receipt through diplomatic channels of the request for arbitration, each Party shall appoint one member of to the tribunalarbitral panel. Those The two members shall then select a national of a third State who on who, upon approval by the Parties two Parties, shall be appointed Chairman of the tribunalarbitral panel. The Chairman shall be appointed within two months from the date of appointment of the other two membersmembers of the arbitral panel.
(4) 4 . If within the periods specified in paragraph (3) of this article Article the necessary appointments have not been made, either Party may, in the absence of any other agreement, may invite the Chairman President of the International Court of Arbitration of the International Chamber of Commerce Justice to make any the necessary appointments. If the Chairman President is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman President shall be invited to make the necessary appointments. If the Vice-Chairman President is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce Justice next in seniority seniority, who is not a national of either Party, shall be invited to make the necessary appointments.paragraph (3) of this Article the necessary appointments have not been made, either Party may invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Party or 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 Party or 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 Party, shall be invited to make the necessary appointments.
5 . Arbitrators shall:
(a) Have expertise or experience in public international law, international trade or international investment rules, or the resolution of disputes arising under international trade or international investment agreements;
(b) Be independent of, and not be affiliated with or take instructions from, either Party; and
(c) Comply with any Code of Conduct for Dispute Settlement as agreed by the Commission.
6 . Where a Party claims that a dispute involves measures relating to financial institutions, or to investors or investments of such investors in financial institutions, then
(a) Where the disputing Parties are in agreement, the arbitrators shall, in addition to the criteria set out in paragraph 5, have expertise or experience in financial services law or practice, which may include the regulation of financial institutions; orparagraph 5, have expertise or experience in financial services law or practice, which may include the regulation of financial institutions; or
(b) Where the disputing Parties are not in agreement,
(i) Each disputing Party may select arbitrators who meet the qualifications set out in subparagraph (a), andsubparagraph (a), and
(ii) If the Party complained against invokes Articles 14(6) or 17, the chair of the panel shall meet the qualifications set out in subparagraph (a).Articles 14(6) or 17, the chair of the panel shall meet the qualifications set out in subparagraph (a).
7 . The arbitral tribunal panel shall determine its own procedure. The arbitral panel shall reach its award decision by a majority of votes. Such decision shall be binding on both Parties. Unless otherwise agreed, the decision of the arbitral panel shall be rendered within six months of the appointment of the Chairman in accordance with paragraphs (3) or (4) of this Article.paragraphs (3) or (4) of this Article.
8 . Each Party shall bear the costs of its own member of the tribunal panel and of its representation in the arbitral proceedings; the costs of related to the Chairman and any remaining costs shall be borne in equal parts equally by the Parties. The tribunal arbitral panel may, however, in its award decision direct that a highter higher proportion of this costs shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This , and this award shall be final and binding on the both Parties.
9 . The Parties shall, within 60 days of the decision of a panel, reach agreement on the manner in which to resolve their dispute. Such agreement shall normally implement the decision of the panel. If the Parties fail to reach agreement, the Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.
Appears in 1 contract
Samples: Investment Agreement
Disputes between the Parties. (1) Disputes between the Parties concerning the interpretation or application of this Agreement shall, if possible, be amicably settled through consultation.
(2) If a dispute between the Parties cannot thus be settled within a period of six months, it shall upon the request of either Party be submitted to an arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the 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 Article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman of the International Court of Arbitration of the International Chamber of Commerce to make any necessary appointments. If the Chairman is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman shall be invited to make the necessary appointments. If the Vice-Chairman is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its award decision by a majority of votes. Each Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral proceedings; the costs of the Chairman and the remaining costs shall be borne in equal parts by the Parties. The tribunal may, however, in its award decision direct that a highter higher proportion of this these costs shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This .
(6) The award reached by the arbitral tribunal shall be final and binding on the Parties.
Appears in 1 contract
Samples: Investment Protection Agreement
Disputes between the Parties. (1) Disputes Any dispute between the Parties concerning the interpretation or application of this Agreement shall, if possible, possible be amicably settled through consultationconsultation or negotiations between the Parties.
(2) If a the dispute between the Parties thus cannot thus be settled within a period of six months, following the date on which such negotiations were requested by either Party, it shall upon the request of either Party be submitted to an arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two :
a) within three months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. .
b) Those two members shall then select a national of a third State who on approval by the two Parties shall be appointed Chairman of the tribunal. .
c) 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 sub-Article (3) of this article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman President of the International Court of Arbitration of the International Chamber of Commerce Justice to make any necessary appointments. If the Chairman President is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman President shall be invited to make the necessary appointments. If the Vice-Chairman President is a national of either Party or if he too is also prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce Justice next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall decide the dispute according to this Agreement and the principles of international law. The arbitral tribunal shall reach its award decision by a majority of votes. Such decision shall be binding on both Parties. Each Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitral proceedings; : the costs cost of the Chairman and the remaining costs cost shall be borne in equal parts by the Parties. The tribunal may, however, in its award decision direct that a highter higher proportion of this costs shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This award shall be final and binding on procedures, unless the PartiesParties agree otherwise.
Appears in 1 contract
Samples: Investment Protection Agreement
Disputes between the Parties. (1) . Disputes between the Parties concerning the interpretation or application of this Agreement shall, if possible, be amicably settled through consultation.
(2) . If a dispute between the Parties cannot thus be settled within a period of six months, it shall upon the request of either Party be submitted to an arbitral tribunal.
(3) . Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the 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 Article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman of the International Court of Arbitration of the International Chamber of Commerce to make any necessary appointments. If the Chairman is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman shall be invited to make the necessary appointments. If the Vice-Chairman is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
(5) . The arbitral tribunal shall reach its award by a majority of votes. Each Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral arbitrage proceedings; the costs of the Chairman and the remaining costs shall be borne in equal parts by the Parties. The tribunal may, however, in its award direct that a highter higher proportion of this these costs shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This award shall be final and binding on the Parties.
6. The Chairman of the arbitral tribunal shall be a national of a State with which both Parties maintain diplomatic relations.
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Samples: Investment Protection Agreement
Disputes between the Parties. (1) Disputes between the Parties concerning the interpretation or of application of this Agreement shall, if possible, be amicably settled through consultation.
(2) If a dispute between the Parties cannot thus be settled within a period of six months, it shall upon the request of either Party be submitted to an arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. Those two members shall then select elect a national of a third State who on approval by the Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman of the International Court of Arbitration of the International Chamber of Commerce to make any necessary appointments. If the Chairman is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman shall be invited to make the necessary appointments. If the Vice-Chairman is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Arbitration member of the International Chamber of Commerce next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
(5) . The arbitral tribunal shall reach its award decision by a majority of votes. .
(5) Each Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral proceedings; the costs of the Chairman chairman and the remaining costs shall be borne in equal parts by the Parties. The tribunal may, however, in its award decision direct that a highter higher proportion of this these costs shall be borne by one of the two Parties. The tribunal Tribunal shall determine its is own procedure. This .
(6) The award reached by the tribunal shall be final and binding on the Parties.
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Samples: Investment Protection Agreement
Disputes between the Parties. (1) Disputes between the Parties concerning the interpretation or application of this Agreement shallshould, if possible, be amicably settled through consultationthe diplomatic channel.
(2) If a dispute between the Parties cannot thus be settled within a period of six monthssettled, it shall upon the request of either Party be submitted to an arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who who, on approval by the Parties two 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 period specified in paragraph (3) of this article Article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman President of the International Court of Arbitration of the International Chamber of Commerce Justice to make any necessary appointments. If the Chairman President is a national of either Party or if he is otherwise prevented from discharging the said functionfunctions, the Vice-Chairman VicePresident shall be invited to make the necessary appointments. If the Vice-Chairman President is a national of either Party or if he too also is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce Justice next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its award decision by a majority of votes. Such decision shall be binding on both Parties. Each Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitral proceedings; the costs . The cost of the Chairman and remaining the rerhaining costs shall xxxxx be borne in equal parts by the Parties. The tribunal may, however, in its award decision, direct that a highter higher proportion of this costs shall be borne by one of the two Parties. The decision of the tribunal shall be binding on both Parties. The tribunal shall determine its own procedure. This award shall be final and binding on , unless the PartiesParties agree otherwise.
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