Common use of Disputes between the Parties Clause in Contracts

Disputes between the Parties. 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, whenever possible, be settled amicably through consultations. 2. If a dispute cannot be settled through consultations, it shall, at the request of either Party, be submitted to an arbitral panel for decision. 3. An arbitral panel shall be constituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each Party shall appoint one member to the arbitral panel. The two members shall then select a national of a third State who, upon approval by the two Parties, shall be appointed Chair of the arbitral panel. The Chair shall be appointed within two months from the date of appointment of the other two members of the arbitral panel. 4. If within the periods specified in paragraph 3 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 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. They shall be independent of, and not be affiliated with or take instructions from, either Party. 6. Where a Party determines that the dispute involves measures relating to financial institutions, or to investors or investments of such investors in financial institutions, or where the respondent Party invokes Article 11(6) (Transfers), 17(2), or 17(3) (General Exceptions), the arbitrators shall, in addition to the criteria set out in paragraph 5, have expertise or experience in financial services or practice, which may include the regulation of financial institutions. 7. The arbitral panel shall determine its own procedure. The arbitral panel shall reach its 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 Chair. 8. Each Party shall bear the costs of its own member of the panel and of its representation in the arbitral proceedings. The costs related to the Chair and any remaining costs shall be borne equally by the Parties. The arbitral panel may, however, award that a higher proportion of costs be borne by one of the two Parties, and this award shall be binding on both Parties. 9. Within 60 days of the decision of a panel, the Parties shall make a determination on the manner in which to resolve their dispute. Such determination shall normally implement the decision of the panel. If the Parties fail to make a determination, the Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.

Disputes between the Parties. 1. Either A Party may request consultations on the interpretation or application of this Agreement. The other Party shall give sympathetic consideration to the request. Any A dispute between the Parties concerning the interpretation or application of this Agreement shall, whenever possible, be settled amicably through consultations. 2. If a dispute cannot be settled through consultations, it shall, at the request of either a Party, be submitted to an arbitral panel for decision. 3. An arbitral panel shall be constituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each Party shall appoint one member to the arbitral panel. The two members shall then select a national of a third State non- Party who, upon approval by the two Parties, shall be appointed Chair of the arbitral panel. The Chair shall be appointed within two months from the date of appointment of the other two members of the arbitral panel. 4. If within the periods specified in paragraph 3 the necessary appointments have not been made, either a Party may invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either a Party or is otherwise prevented from discharging the said this 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 this function, the Member of the International Court of Justice next in seniority, who is not a national of either a Party, shall be invited to make the necessary appointments. 5. Arbitrators shall 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. They shall be independent of, and not be affiliated with or take instructions from, either a Party. 6. Where a Party determines that the dispute involves measures relating to financial institutions, or to investors or investments of such investors in financial institutions, or where the respondent disputing Party invokes paragraph 6 of Article 11(6) 11 (Transfers), 17(2), ) or 17(3) paragraph 2 or 3 of Article 17 (General Exceptions), the arbitrators shall, in addition to the criteria set out in paragraph 5, have expertise or experience in financial services or practice, which may include the regulation of financial institutions. 7. The arbitral panel shall determine its own procedure. The arbitral panel shall reach its decision by a majority of votes. Such The decision shall be is binding on both Parties. Unless otherwise agreed, the decision of the arbitral panel shall be rendered within six months of the appointment of the Chair. 8. Each Party shall bear the costs of its own member of the panel and of its representation in the arbitral proceedings. The costs related to the Chair and any remaining costs shall be borne equally by the Parties. The arbitral panel may, however, award that a higher proportion of costs be borne by one of the two Parties, and this award shall be binding on both Parties. 9. Within 60 days of the decision of a an arbitral panel, the Parties shall make a determination agree on the manner in which to resolve their dispute. Such determination shall The agreement must normally implement the decision of the arbitral panel. If the Parties fail to make a determinationagree, the Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the arbitral panel.

Disputes between the Parties. 1. Either A 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, whenever possible, be settled amicably through consultations. 2. If a dispute cannot be settled through consultations, it shall, at the request of either a Party, be submitted to an arbitral panel for decision. 3. An arbitral panel shall be constituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each Party shall appoint one member to the arbitral panel. The two members shall then select a national of a third State who, upon approval by the two Parties, shall be appointed Chair of the arbitral panel. The Chair shall be appointed within two months from the date of appointment of the other two members of the arbitral panel. 4. If within the periods specified in paragraph 3 the necessary appointments have not been made, either a Party may invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either a 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 a 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 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. They shall be independent of, and not be affiliated with or take instructions from, either a Party. 6. Where a Party determines that the dispute involves measures relating to financial institutions, or to investors or investments of such investors in financial institutions, or where the respondent Party invokes Article 11(6) (Transfers), 17(2), or 17(3) (General Exceptions), 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. 7. The arbitral panel shall determine its own procedure. The arbitral panel shall reach its decision by a majority of votes. Such The decision shall be is binding on both Parties. Unless otherwise agreed, the decision of the arbitral panel shall be rendered within six months of the appointment of the ChairChair pursuant to paragraph 3 or 4. 8. Each Party shall bear the costs of its own member of the panel and of its representation in the arbitral proceedings. The costs related to the Chair and any remaining costs shall be borne equally by the Parties. The arbitral panel may, however, award that a higher proportion of costs be borne by one of the two Parties, and this award shall be binding on both Parties. 9. Within 60 days of the decision of a an arbitral panel, the Parties shall make a determination reach agreement on the manner in which to resolve their dispute. Such determination shall The agreement normally implement implements the decision of the arbitral panel. If the Parties fail to make a determinationreach agreement, the Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.

Disputes between the Parties. 1. Either A Party may request consultations on the interpretation or application of this Agreement. The other Party shall give sympathetic consideration to the request. Any A dispute between the Parties concerning the interpretation or application of this Agreement shall, whenever possible, be settled amicably through consultations. 2. If a dispute cannot be settled through consultations, it shall, at the request of either a Party, be submitted to an arbitral panel for decision. 3. An arbitral panel shall be constituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each Party shall appoint one member to the arbitral panel. The two members shall then select a national of a third State who, upon approval by the two Parties, shall be appointed Chair of the arbitral panel. The Chair shall be appointed within two months from the date of appointment of the other two members of the arbitral panel. 4. If within the periods specified in paragraph 3 the necessary appointments have not been made, either a Party may invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either a 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 a Party or is otherwise prevented from discharging the said this function, the Member of the International Court of Justice next in seniority, who is not a national of either a Party, shall be invited to make the necessary appointments. 5. Arbitrators shall 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. They shall be independent of, and not be affiliated with or take instructions from, either a Party. 6. Where a Party determines that the dispute involves measures relating to financial institutions, or to investors or investments of such investors in financial institutions, or where the respondent a Party invokes Article 11(6) (Transfers), 17(2), ) or 17(3) (General Exceptions), 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. 7. The arbitral panel shall determine its own procedure. The arbitral panel shall reach its decision by a majority of votes. Such The decision shall be is binding on both Parties. Unless otherwise agreed, the decision of the arbitral panel shall be rendered within six months of the appointment of the Chair. 8. Each Party shall bear the costs of its own member of the arbitral panel and of its representation in the arbitral proceedings. The costs related to the Chair and any remaining costs shall be borne equally by the Parties. The arbitral panel may, however, award that a higher proportion of costs be borne by one of the two Parties, and this award shall be binding on both Parties. 9. Within 60 days of the decision of a an arbitral panel, the Parties shall make a determination agree on the manner in which to resolve their dispute. Such determination shall The agreement must normally implement the decision of the arbitral panel. If the Parties fail to make a determinationagree, the Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.

Disputes between the Parties. 1. Either A Party may request consultations on the interpretation or application of this Agreement. The other Party shall give sympathetic consideration to the request. Any A dispute between the Parties concerning the interpretation or application of this Agreement shall, whenever possible, be settled amicably through consultations. 2. If a dispute cannot be settled through consultations, it shall, at the request of either a Party, be submitted to an arbitral panel for decision. 3. An arbitral panel shall be constituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each Party shall appoint one member to the arbitral panel. The two members shall then select a national of a third State who, upon approval by the two Parties, shall be appointed Chair of the arbitral panel. The Chair shall be appointed within two months from the date of appointment of the other two members of the arbitral panel. 4. If within the periods specified in paragraph 3 the necessary appointments have not been made, either a Party may invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either a 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 a Party or is otherwise prevented from discharging the said this function, the Member of the International Court of Justice next in seniority, who is not a national of either a Party, shall be invited to make the necessary appointments. 5. Arbitrators shall 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. They shall be independent of, and not be affiliated with or take instructions from, either a Party. 6. Where a Party determines that the dispute involves measures relating to financial institutions, or to investors or investments of such investors in financial institutions, or where the respondent a Party invokes Article 11(6) (Transfers), 17(2), ) or 17(3) (General Exceptions), the arbitrators shall, in addition to the criteria set out in paragraph 5, have expertise or experience in financial services or practice, which may include the regulation of financial institutions. 7. The arbitral panel shall determine its own procedure. The arbitral panel shall reach its decision by a majority of votes. Such The decision shall be is binding on both Parties. Unless otherwise agreed, the decision of the arbitral panel shall be rendered within six months of the appointment of the Chair. 8. Each Party shall bear the costs of its own member of the arbitral panel and of its representation in the arbitral proceedings. The costs related to the Chair and any remaining costs shall be borne equally by the Parties. The arbitral panel may, however, award that a higher proportion of costs be borne by one of the two Parties, and this award shall be binding on both Parties. 9. Within 60 days of the decision of a an arbitral panel, the Parties shall make a determination agree on the manner in which to resolve their dispute. Such determination shall The agreement must normally implement the decision of the arbitral panel. If the Parties fail to make a determinationagree, the Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.

Disputes between the Parties. 1. Either A Party may request consultations on the interpretation or application of this Agreement. The other Party shall give sympathetic consideration to the request. Any A dispute between the Parties concerning the interpretation or application of this Agreement shall, whenever possible, be settled amicably through consultations. 2. If a dispute cannot be settled through consultations, it shall, at the request of either a Party, be submitted to an arbitral panel for decision. 3. An arbitral panel shall be constituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each Party shall appoint one member to the arbitral panel. The two members shall then select a national of a third State who, upon approval by the two Parties, shall be appointed Chair of the arbitral panel. The Chair shall be appointed within two months from the date of appointment of the other two members of the arbitral panel. 4. If within the periods specified in paragraph 3 the necessary appointments have not been made, either a Party may invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either a 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 a Party or is otherwise prevented from discharging the said this function, the Member of the International Court of Justice next in seniority, who is not a national of either a Party, shall be invited to make the necessary appointments. 5. Arbitrators shall 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. They shall be independent of, and not be affiliated with or take instructions from, either a Party. 6. Where a Party determines that the dispute involves measures relating to financial institutions, or to investors or investments of such investors in financial institutions, or where the respondent a Party invokes Article 11(6) (Transfers), 17(2), 18(2) or 17(318(3) (General Exceptions), 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. 7. The arbitral panel shall determine its own procedure. The arbitral panel shall reach its decision by a majority of votes. Such The decision shall be is binding on both Parties. Unless otherwise agreed, the decision of the arbitral panel shall be rendered within six months of the appointment of the Chair. 8. Each Party shall bear the costs of its own member of the arbitral panel and of its representation in the arbitral proceedings. The costs related to the Chair and any remaining costs shall be borne equally by the Parties. The arbitral panel may, however, award that a higher proportion of costs be borne by one of the two Parties, and this award shall be binding on both Parties. 9. Within 60 days of the decision of a an arbitral panel, the Parties shall make a determination agree on the manner in which to resolve their dispute. Such determination shall The agreement must normally implement the decision of the arbitral panel. If the Parties fail to make a determinationagree, the Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.