Common use of Disputes between the Parties Clause in Contracts

Disputes between the Parties. (1) Disputes between the Parties regarding the interpretation or application of the provisions of this Agreement shall if possible be settled through direct negotiations. (2) If both Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, upon request of either Party, be submitted to an arbitral tribunal of three members. Each 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 Parties has not appointed its arbitrator and has not followed the invitation of the other Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that 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 Party by the President of the International Court of Justice. (5) If, in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice is prevented from carrying out the said function or is a national of either Party, the appointment shall be made by the Vice- President, and if the latter is prevented or is a national of either Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Party. (6) Subject to other provisions made by the Parties, the tribunal shall determine its own rules and procedures. The tribunal shall decide the issues in dispute in accordance with this Agreement and applicable rules and principles of international law. It shall reach its decisions by a majority of votes. (7) Each 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 Parties, unless the arbitral tribunal decides otherwise. (8) The decisions of the tribunal are final and binding for each Party.

Disputes between the Parties. (1) . Disputes between the Parties regarding concerning the interpretation or application of the provisions of this Agreement shall if possible be settled through direct negotiationsby negotiations and consultations. (2) . If both Parties the dispute cannot reach an agreement be settled by negotiations and consultations within six 6 (six) months after from the beginning of date, when such consultations has been requested in the dispute between themselveswritten form by either Party, the latter it shall, upon at the request of either Party, be submitted to an the consideration of the arbitral tribunal. 3. Such arbitration tribunal of three members. shall be established for each individual case as follows: Each Party shall appoint one arbitrator, and member of arbitration within 2 (two) months after receipt of the request for arbitration. Then these two arbitrators shall nominate a chairman who shall be a members of the arbitral tribunal agree upon the national of a third State. State as the Chairman, who after the approval by both Parties shall be appointed within 4 (3four) If one months from the date of the Parties has not appointed its arbitrator and has not followed the invitation appointment of the other Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Party by the President members of the International Court of Justicearbitral tribunal. (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 Party by the President of the International Court of Justice. (5) . If, within the periods specified in the cases specified under paragraphs paragraph 3 and 4 of this Article, the necessary appointments have not been made, any Party, in the absence of any other agreement, may invite the President of the UN International Court of Justice to make the necessary appointments. If the President of the UN International Court of Justice is prevented from carrying out the said function or is a national of either Partyone of the States of the Parties, or if he/she is otherwise prevented from discharging the said function, the appointment shall be made by member of the Vice- PresidentUN International Court of Justice next in seniority, and if the latter is prevented or is a national of either Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Party. (6) Subject to other provisions made by the State of one of the Parties, or otherwise prevented from discharging the tribunal said function, shall determine its own rules and proceduresbe invited to make the necessary appointments. 5. The arbitral tribunal shall decide the issues in dispute in accordance with this Agreement and applicable rules and principles of international law. It shall reach its decisions decision by a majority of votes. (7) . The decision of the tribunal shall be final and binding for both Parties. Each Party shall bear the cost of its own member of the tribunal arbitrator 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 both Parties, unless . The tribunal may in its award determine another distribution of costs. In all other respects the arbitral tribunal decides otherwiseshall establish its own rules of procedure. (8) The decisions 6. Issues, referred to as disputes specified in paragraph 1 of this article, shall be settled in accordance with provisions of this Agreement and the recognized principles of the tribunal are final and binding for each Partyinternational law.