Common use of Disputes between the Clause in Contracts

Disputes between the. contracting parties 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled, as far as possible, through negotiations between the Governments of both Contracting Parties. 2. Nevertheless, if a dispute cannot be settled within six months after the date on which the negotiations were requested by any of the Contracting Parties, it shall be submitted to an arbitration tribunal at the request of any of the Contracting Parties. 3. The Arbitration Tribunal shall be established case by case, each Contracting Party shall appoint one member. These two members shall then agree to elect a national of a third country as chairman, that shall be appointed by the Governments of both Contracting Parties. The members shall be appointed within two months, and the chairman within four months, from the date on which either Contracting Party, has informed the other Contracting Party of its intention to submit the dispute to an Arbitration Tribunal. 4. If the time limits referred to in Paragraph (3) of this Article have not been complied with, each Contracting Party may, in absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. 5. If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting Party, the Vice President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. 6. The arbitration tribunal shall reach its decision by a majority of votes, the decision being the final and binding on the Contracting Parties. 7. Each Contracting shall bear the costs of the member appointment by that Contracting Party as well as the costs for its representation in the arbitration proceedings; the cost of the chairman as well as any other costs shall be borne in equal parts by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itself.

Appears in 69 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

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Disputes between the. contracting parties 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall be settledshould, as far as if possible, be settled through negotiations between the Governments diplomatic channel, which may include, if both Contracting Parties so desire, referral to a 3ilateral Commission composed of representatives of both Contracting Parties. 2. Nevertheless, if If a dispute between the Contracting Parties cannot thus be settled within six 6 (six) months after the date on which the negotiations were requested by any from notification of the Contracting Partiesdispute, it shall shall, upon the request of either Contracting Party, be submitted to an arbitration tribunal at the request of any of the Contracting Partiesarbitral tribunal. 3. The Arbitration Tribunal Such an arbitral tribunal shall be established constituted for each individual case by casein the following way: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one membermember of the tribunal. These Those two members shall then agree to elect select a national of a third country as chairmanState who, that on approval by the two Contracting Parties, shall be appointed by Chairman of the Governments of both Contracting Partiestribunal. The members Chairman shall be appointed within two months, and the chairman within four months, months from the date on which either Contracting Party, has informed of appointment of the other Contracting Party of its intention to submit the dispute to an Arbitration Tribunaltwo members. 4. If If, within the time limits referred to periods specified in Paragraph paragraph (3) of this Article Article, the necessary appointments have not been complied withmade, each either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President Chairman of the Court of Arbitration of the International Court Chamber of Justice Commerce in Paris (hereinafter: the "ICC") to make the any necessary appointments. 5. If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or Chairman is a national of either Contracting Party, the Vice President shall be invited to make the necessary appointments. If the Vice-President Party or is otherwise prevented from discharging the said function or is a national of either Contracting Partyfunction, the most senior member then one of the Court Vice- Chairmen who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. If the Vice- Chairmen are nationals of either Contracting Party or are otherwise prevented from discharging the said function, then the member of the Court next in seniority who is not a national of either Contracting Party and is not otherwise prevented from discharging the said function, shall make the appointments. 65. The arbitration arbitral tribunal shall reach its decision by a majority of votes, the . Such decision being the final and shall be binding on the both Contracting Parties. 7. Each Contracting Party shall bear the costs cost of its own member of the member appointment by that Contracting Party as well as the costs for tribunal and of its representation in the arbitration arbitral proceedings; the cost of the chairman as well as any other Chairman and the remaining costs shall be borne in equal parts by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itselfdetermine its own procedure.

Appears in 15 contracts

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

Disputes between the. contracting parties 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be settledshall, as far as whenever possible, be settled amicably through negotiations between the Governments of both Contracting Partiesconsultations. 2. Nevertheless, if If a dispute cannot be settled within six months after the date on which the negotiations were requested by any of the Contracting Partiesthrough consultations, it shall be submitted to an arbitration tribunal shall, at the request of any both Contracting Parties, .be submitted to an arbitral panel for decision. In the absence of an agreement by the Contracting Parties to the contrary, the UNCITRAL Arbitration Rules should govern, except as modified by both Contracting Parties. 3. The Arbitration Tribunal An arbitral panel shall be established case by caseconstituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one membermember to the arbitral panel. These The two members shall then agree to elect select a national of a third country as chairmanState who, that upon approval by the two Contracting Parties, shall be appointed by Chairman of the Governments of both Contracting Parties. arbitral panel The members chairman shall be appointed within two months, and the chairman within four months, months from the date on which either Contracting Party, has informed of appointment of the other Contracting Party two members of its intention to submit the dispute to an Arbitration Tribunalarbitral panel. 4. If within the time limits referred to periods specified in Paragraph paragraph (3) of this Article the necessary appointments have not been complied withmade, each either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make the necessary appointments. 5. If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting PartyParty or is otherwise prevented from discharging the said 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 is prevented from discharging the said function or function, the Member of the International Court of Justice next in seniority, who is not a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. 65. The arbitration tribunal arbitral panel shall reach its decision by a majority of votes. Such decision .shall be binding on both Contracting Parties. Unless otherwise agreed, the decision being of the final and binding on arbitral panel shall be rendered within six months of the Contracting Partiesappointment of the Chairman in accordance with paragraph (3) or (4) of this Article. 76. Each Contracting Party shall bear the costs of its own member of the member appointment by that Contracting Party as well as the costs for panel and of its representation in the arbitration arbitral proceedings; the cost of costs related to the chairman as well as Chairman and any other remaining costs shall be borne in equal parts equally by the two Contracting Parties. The arbitration tribunal arbitral panel 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. 7. In all other respectsThe Contracting 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 Contracting Parties fail to reach agreement, the procedure of Contracting Party in whose favour the arbitration tribunal decision was made shall be determined entitled to compensation or to suspend benefits of equivalent value to those awarded by the tribunal itselfpanel.

Appears in 13 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Disputes between the. contracting parties 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall be settledshall, as far as possible, be settled amicably through negotiations between the Governments of both Contracting Partiesnegotiation. 2. Nevertheless, if If a dispute between the Contracting Parties cannot thus be settled within six months after from the date on which time the negotiations were requested by any of the Contracting Partiesdispute arose, it shall upon the request of either Contracting Party be submitted to an arbitration tribunal at the request of any of the Contracting Partiesarbitral tribunal. 3. The Arbitration Tribunal Such an arbitral tribunal shall be established constituted for each individual case by casein the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one membermember of the tribunal. These Those two members shall then agree to elect select a national of a third country as chairman, that State who on approval by the two Contracting Parties shall be appointed by Chairman of the Governments of both Contracting Partiestribunal. The members Chairman shall be appointed within two months, and the chairman within four months, months from the date on which either Contracting Party, has informed of appointment of the other Contracting Party of its intention to submit the dispute to an Arbitration Tribunaltwo members. 4. If within the time limits referred to periods specified in Paragraph paragraph (3) of this Article Article, the necessary appointments have not been complied withmade, each either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make the any necessary appointments. 5. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Member of the International Court of Justice is prevented from discharging the function provided for next in paragraph (4) of this Article or is a national of either Contracting Party, the Vice President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court seniority who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. 65. The arbitration arbitral tribunal shall reach its decision by a majority of votes, the . Such decision being the final and shall be binding on the both Contracting Parties. 7. Each Contracting Party shall bear the costs cost of its own member of the member appointment by that Contracting Party as well as the costs for tribunal and of its representation in the arbitration arbitral proceedings; the cost of the chairman as well as any other Chairman and the remaining costs shall be borne in equal parts by the two Contracting Parties. The arbitration 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. In all other respects, the procedure of the arbitration The tribunal shall be determined by the tribunal itselfdetermine its own procedure.

Appears in 4 contracts

Samples: Investment Agreement, Investment Protection Agreement, Investment Agreement

Disputes between the. contracting parties 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall be settledshould, as far as if possible, be settled through negotiations between the Governments of both Contracting Partiesdiplomatic channel. 2. Nevertheless, if If a dispute between the Contracting Parties cannot thus be settled within six months after the date on which the negotiations were requested by any of the Contracting Partiessettled, it shall upon the request of either Contracting Party be submitted to an arbitration tribunal at the request of any of the Contracting Partiesarbitral tribunal. 3. The Arbitration Tribunal Such an arbitral tribunal shall be established constituted for each individual case by casein the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one membermember of the tribunal. These Those two members shall then agree to elect select a national of a third country as chairman, that Third State who on approval by the two Contracting Parties shall be appointed by Chairman of the Governments of both Contracting Partiestribunal. The members Chairman shall be appointed within two months, and the chairman within four months, months from the date on which either Contracting Party, has informed of appointment of the other Contracting Party of its intention to submit the dispute to an Arbitration Tribunaltwo members. 4. If within the time limits referred to periods specified in Paragraph paragraph (3) of this Article the necessary appointments have not been complied withmade, each either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make the any necessary appointments. 5. If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting PartyParty 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 or is a national of either Contracting Partyfunction, the most senior member Member of the International Court of Justice next in seniority who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. 65. The arbitration arbitral tribunal shall reach its decision by a majority of votes, the . Such decision being the final and shall be binding on the both Contracting Parties. 7. Each Contracting Party shall bear the costs cost of its own member of the member appointment by that Contracting Party as well as the costs for tribunal and of its representation in the arbitration arbitral proceedings; the cost of the chairman as well as any other Chairman and the remaining costs shall be borne in equal parts by the two Contracting Parties. The arbitration 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. In all other respects, the procedure of the arbitration The tribunal shall be determined by the tribunal itselfdetermine its own rules of procedure.

Appears in 4 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Disputes between the. contracting parties 1. Any dispute — Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall be settledshould, as far as possible, be settled by negotiations through negotiations between the Governments of both Contracting Partiesdiplomatic channels. 2. Nevertheless, if a dispute cannot be settled — If the Contracting Parties fail to reach such settlement within six months after the date on which beginning fo negotiations, the negotiations were requested by any dispute shall, upon the request of the either Contracting PartiesParty, it shall be submitted to an arbitration tribunal at arbitral tribunal, in accordance with the request provisions of any this article. 3— The Arbitral Tribunal shall be constituted ad hoc, as follows: each of the Contracting Parties. 3. The Arbitration Tribunal shall be established case by case, each Contracting Party Parties shall appoint one member. These member and these two members shall then agree to elect propose a national of a third country State as chairman, that shall chairman to be appointed by the Governments of both two Contracting Parties. The members shall be appointed within two months, months and the chairman shall be appointed within four months, three months from the date on which either Contracting Party, has informed Party notifies the other Contracting Party of its intention that it wishes to submit the dispute to an Arbitration Tribunalarbitral tribunal. 4. If the time limits referred to deadlines specified in Paragraph (3) paragraph 3 of this Article have article are not been complied with, each either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make the necessary appointments. 5. If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article doing so, or is a national of either Contracting Party, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice-President is also a national of either Contracting Party or if he is prevented from discharging making the said function or appointments for any other reason, the appointments shall be made by the member of the Court who is next in seniority and who is not a national of either Contracting Party, the most senior member . 5— The chairman of the Court who is not incapacitated or Arbitral Tribunal shall be a national of either 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 be invited to make the necessary appointments. 6. The arbitration tribunal shall reach its decision by a majority of votes, the decision being the final and binding on the Contracting Parties. 7. Each Contracting shall bear responsible for the costs of its own member and of its representatives at the member appointment by that arbitral proceedings. Both Contracting Party as well as the costs for its representation in the arbitration proceedings; the cost Parties shall assume an equal share of the chairman expenses incurred by the chairman, as well as any other costs shall be borne in equal parts by the two Contracting Partiesexpenses. The arbitration tribunal may, however, in its may make a different decision direct that a higher proportion regarding division of costs shall be borne by one of the Contracting Partiescosts. In all other respects, the procedure tribunal court shall define its own rules of the arbitration tribunal shall be determined by the tribunal itselfprocedure.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Disputes between the. contracting parties 11 . Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled, settled amicably - as far as possible, through negotiations possible - by negotiation between the Governments of both two Contracting Parties. 2. Nevertheless, if a In the event that the dispute cancan not be settled within resolved in the six months after following the date on which the negotiations were requested by any one of the Contracting PartiesParties has notified the other Contracting Party in writing, it the dispute shall be submitted to an arbitration tribunal at the request of any one of the Contracting PartiesParties Arbitration tribunal, in accordance with the provisions of this Article. 32 . The Arbitration Tribunal arbitral tribunal shall be established constituted case by case, case as follows: each Contracting Party shall appoint one member. These an arbitrator; The two members shall then agree to elect arbitrators will subsequently select a national of a third country as chairmanState who, that shall upon the approval of the two Contracting Parties, will be appointed by President of the Governments of both Contracting PartiesTribunal. The members shall Referees will be appointed within two every three months, and the chairman president within four months, from five months of receiving the date on which either Contracting Party, has informed the other Contracting Party of its intention to submit the dispute to an Arbitration Tribunalarbitration request. 43 . If within the time limits period referred to in Paragraph (3) paragraph 2 of this Article Article, no nominations have not been complied withmade, each Contracting Party may, in absence of any other relevant arrangement, may invite the President of the International Court of Justice to effect them within three months. If the President is a citizen of one of the Contracting Parties or for any other reason he or she can not exercise this function, the Vice-President of the International Court of Justice may be invited to make the necessary appointments. 5. If Where the vice-president is a citizen of one of the contracting parties and is also unable to accept the post, he will be invited to make the appointments of the member of the International Court of Justice, older and not Citizen of one of the Contracting Parties, paragraph 2 of this Article, no nomination has been made, each Contracting Party may invite the President of the International Court of Justice is prevented from discharging to execute them within three months. If the function provided for in paragraph (4) of this Article or President is a national citizen of either one of the Contracting PartyParties or for any other reason he or she can not exercise this function, the Vice Vice-President shall of the International Court of Justice may be invited to make the necessary appointments. If Where the Vicevice-President is prevented from discharging the said function or president is a national citizen of either Contracting Party, the most senior member one of the Court who contracting parties and is not incapacitated or a national of either Contracting Party shall also unable to accept the post, he will be invited to make the necessary appointmentsappointments of the member of the International Court of Justice, older and not Citizen of one of the Contracting Parties. 64 . The arbitration arbitral tribunal shall reach its decision decide on the basis of the provisions of this Agreement and those of other agreements concluded between the Contracting Parties as well as the general principles and the rules of international law. The ruling will be decided by a majority of votes, the decision being the : it will be final and binding on the Contracting Partiesbinding. 75 . Each Contracting Party shall bear support the costs of the member appointment by that Contracting Party as well as the costs for its representation arbitrator he has appointed and those of his participation in the arbitration proceedings; . The expenses for the cost of president and the chairman as well as any other costs shall remaining expenses will be borne in equal parts by the two Contracting Partiesparties on an equal footing. 6 . The arbitration arbitral tribunal may, however, in will establish its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itselfown procedures.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Disputes between the. contracting parties (1. ) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be settledshall, as far as whenever possible, be settled amicably through negotiations between the Governments of both Contracting Partiesconsultations. (2. Nevertheless, if ) If a dispute cannot be settled within six months after the date on which the negotiations were requested by any of the Contracting Partiesthrough consultations, it shall shall, at the request of either Contracting Party, be submitted to an arbitration tribunal at 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 of any of the Contracting Parties. 3. The Arbitration Tribunal shall be established case by casefor arbitration, each Contracting Party shall appoint one membermember to the arbitral panel. These The two members shall then agree to elect select a national of a third country as chairmanState who, that upon approval by the two Contracting Parties, shall be appointed by Chairman of the Governments of both Contracting Partiesarbitral panel. The members Chairman shall be appointed within two months, and the chairman within four months, months from the date on which either Contracting Party, has informed of appointment of the other Contracting Party two members of its intention to submit the dispute to an Arbitration Tribunalarbitral panel. (4. ) If within the time limits referred to periods specified in Paragraph paragraph (3) of this Article the necessary appointments have not been complied withmade, each either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make the necessary appointments. 5. If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting PartyParty or is otherwise prevented from discharging the said 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 is prevented from discharging the said function or 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 most senior member necessary appointments.paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court who of Justice to make the necessary appointments. If the President is not incapacitated or a national of either Contracting 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 Contracting 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 Contracting Party, shall be invited to make the necessary appointments. 6(5) The arbitral panel shall determine its own procedure. The arbitration tribunal arbitral panel shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision being of the final and binding on arbitral panel shall be rendered within six months of the Contracting Partiesappointment of the Chairman in accordance with paragraphs (3) or (4) of this Article.paragraphs (3) or (4) of this Article. 7. (6) Each Contracting Party shall bear the costs of its own member of the member appointment by that Contracting Party as well as the costs for panel and of its representation in the arbitration arbitral proceedings; the cost of costs related to the chairman as well as Chairman and any other remaining costs shall be borne in equal parts equally by the two Contracting Parties. The arbitration tribunal arbitral panel 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. (7) The Contracting Parties shall, within 60 days of the decision of a panel, reach agreement on the manner in which to resolve their dispute. In all other respectsSuch agreement shall normally implement the decision of the panel. If the Contracting Parties fail to reach agreement, the procedure of Contracting Party bringing the arbitration tribunal dispute shall be determined entitled to compensation or to suspend benefits of equivalent value to those awarded by the tribunal itselfpanel.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement

Disputes between the. contracting parties 11 . Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall be settledshould, as far as possible, be settled through negotiations between the Governments of both Contracting Partiesnegotiations. 22 . Nevertheless, if a If the dispute cannot thus be settled within six months after (6) months, following the date on which the such negotiations were requested by any of the either Contracting PartiesParty, it shall at the request of either Contracting Party be submitted to an arbitration tribunal at the request of any of the Contracting PartiesArbitral Tribunal. 33 . The Arbitration Such an Arbitral Tribunal shall be established constituted for each individual case by casein the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one membermember of the Tribunal. These Those two members shall then agree to elect select a national of a third country as chairman, that State who on approval by the two Contracting Parties shall be appointed by Chairman of the Governments of both Contracting PartiesTribunal. The members Chairman shall be appointed within two months, and the chairman within four months, three (3) months from the date on which either Contracting Party, has informed of appointment of the other Contracting Party of its intention to submit the dispute to an Arbitration Tribunaltwo members. 44 . If within the time limits referred to periods specified in Paragraph (3) paragraph 3 of this Article the necessary appointments have not been complied withmade, each either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make the any necessary appointments. 5. If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting PartyParty or is otherwise prevented from discharging the said function, the 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 or is a national of either Contracting Partyfunction, the most senior member of the International Court of Justice next in seniority who is not incapacitated or a national of either Contracting Party or is otherwise prevented from discharging the said function, shall be invited to make the necessary appointments. 65 . The arbitration tribunal Arbitral Tribunal shall reach its decision by a majority of votes, . The decisions of the decision being the Tribunal shall be final and binding on the both Contracting Parties. 7. Each Contracting Party shall bear the costs of the member appointment appointed by that Contracting Party as well as the costs for and of its representation in at the arbitration arbitral proceedings; . Both Contracting Parties shall assume an equal share of the cost of the chairman Chairman, as well as any other costs shall be borne in equal parts by the two Contracting Partiescosts. The arbitration tribunal may, however, in its Tribunal may make a different decision direct that a higher proportion of costs shall be borne by one regarding the sharing of the Contracting Partiescosts. In all other respects, the procedure Arbitral Tribunal shall determine its own rules of the arbitration tribunal shall be determined by the tribunal itselfprocedure.

Appears in 2 contracts

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

Disputes between the. contracting parties 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be settledshall, as far as possible, be settled through negotiations between the Governments of both Contracting Partiesnegotiation. 2. Nevertheless, if a If any dispute cannot be settled within six months after the date on which the negotiations were requested by any of the Contracting Partiesthus settled, it shall upon the request of either Contracting Party be submitted to an arbitration arbitration. The arbitral tribunal at (hereinafter called "the request tribunal") shall consist of any three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties. 3. The Arbitration Tribunal shall be established case by caseWithin two months of receipt of the request for arbitration, each Contracting Party shall appoint one member. These two members shall then agree to elect a national of a third country as chairmanarbitrator, that shall be appointed by the Governments of both Contracting Parties. The members shall be appointed and within two monthsmonths of such appointment of the two arbitrators, and the chairman within four months, from Contracting Parties shall appoint the date on which either Contracting Party, has informed the other Contracting Party of its intention to submit the dispute to an Arbitration Tribunalthird arbitrator. 4. If the time limits referred to in Paragraph (3) tribunal shall not have been constituted within four months of this Article have not been complied withreceipt of the request for arbitration, each either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make appoint the necessary appointments. 5arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Court of Justice next in seniority who is prevented from discharging the function provided for in paragraph (4) of this Article or is not a national of either Contracting Party, the Vice President shall Party may be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointmentsand so on. 65. The arbitration tribunal shall reach its decision by a majority of votes, the voles. 6. The tribunal's decision being the shall be final and binding on the Contracting PartiesParties shall abide by and comply with the terms of its award. 7. Each Contracting Party shall bear the costs of its own member of the member appointment by that Contracting Party as well as the costs for tribunal and of its representation in the arbitration proceedings; proceedings and half the cost costs of the chairman as well as any other costs shall be borne in equal parts by Chairman and the two Contracting Partiesremaining costs. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting two Parties, and this award shall be binding on both Parties. 8. In all other respects, Apart front the procedure of above the arbitration tribunal shall be determined by the tribunal itselfestablish its own rules of procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Agreement

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Disputes between the. contracting parties (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall be settledshould, as far as possible, be settled through negotiations between the Governments of both Contracting Parties. (2. Nevertheless, if ) If such a dispute cannot be settled within six three months after from the date on which the negotiations were requested by any of the Contracting Partiesrequest for negotiations, it shall upon the request of either Contracting Party, be submitted to an arbitration arbitral tribunal. (3) Such an arbitral tribunal at shall be constituted for each individual case in the following way: Within three months of the receipt of the request of any of the Contracting Parties. 3. The Arbitration Tribunal shall be established case by casefor arbitration, each Contracting Party shall appoint one membermember of the tribunal. These Those two members shall then agree to elect select a national of a third country as chairmanState, that who on approval by the Contracting Parties shall be appointed by Chairman of the Governments of both Contracting Partiestribunal. The members Chairman shall be appointed within two months, and the chairman within four months, three months from the date on which either Contracting Party, has informed of appointment of the other Contracting Party of its intention to submit the dispute to an Arbitration Tribunaltwo members. (4. ) If within any of the time limits referred to in Paragraph (3) of this Article periods specified the necessary appointments have not been complied withmade, each either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make the any necessary appointments. 5. If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting PartyParty 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-President is a national of either Contracting Party or if he, too, is prevented from discharging the said function or is a national of either Contracting Partyfunction, the most senior member Member of the International Court of Justice next in seniority who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. 6(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. The arbitration tribunal It shall reach its decision by a majority of votes, the . Such decision being the shall be final and binding on the both Contracting Parties. The arbitral tribunal determines its own procedure. 7. (6) Each Contracting Party shall bear the costs cost of its own member of the member appointment by that Contracting Party as well as the costs for tribunal and of its representation in the arbitration arbitral proceedings; the . The cost of the chairman as well as any other Chairman and the remaining costs shall be borne in equal parts by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itself.

Appears in 1 contract

Samples: Investment Protection Agreement

Disputes between the. contracting parties 11 . Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall be settledshould, as far as possible, be settled through negotiations between the Governments of both Contracting Partiesnegotiations. 22 . Nevertheless, if a If the dispute cannot thus be settled within six months after (6) months, following the date on which the such negotiations were requested by any of the either Contracting PartiesParty, it shall at the request of either Contracting Party be submitted to an arbitration tribunal at the request of any of the Contracting PartiesArbitral Tribunal. 33 . The Arbitration Such an Arbitral Tribunal shall be established constituted for each individual case by casein the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one membermember of the Tribunal. These Those two members shall then agree to elect select a national of a third country as chairman, that State who on approval by the two Contracting Parties shall be appointed by Chairman of the Governments of both Contracting PartiesTribunal. The members Chairman shall be appointed within two months, and the chairman within four months, (2) months from the date on which either Contracting Party, has informed of appointment of the other Contracting Party of its intention to submit the dispute to an Arbitration Tribunaltwo members. 44 . If within the time limits referred to periods specified in Paragraph (3) paragraph 3 of this Article the necessary appointments have not been complied withmade, each either Contracting Party may, in the absence of any other relevant arrangementagreement, 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 is otherwise 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 or is otherwise prevented from discharging the said function, shall be invited to make the necessary appointments. 5. If appointments.paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice is prevented from discharging to make any necessary appointments. If the function provided for in paragraph (4) of this Article or President is a national of either Contracting Party, the Vice President shall be invited to make the necessary appointments. If the Vice-President Party or is otherwise prevented from discharging the said function or is a national of either Contracting Partyfunction, the most senior member Member of the International Court of Justice next in seniority who is not incapacitated or a national of either Contracting Party or is otherwise prevented from discharging the said function, shall be invited to make the necessary appointments. 65 . The arbitration tribunal Arbitral Tribunal shall reach its decision by a majority of votes, . The decisions of the decision being the Tribunal shall be final and binding on the both Contracting Parties. 7. Each Contracting Party shall bear the costs of the member appointment appointed by that Contracting Party as well as the costs for and of its representation in at the arbitration arbitral proceedings; . Both Contracting Parties shall assume an equal share of the cost of the chairman Chairman, as well as any other costs shall be borne in equal parts by the two Contracting Partiescosts. The arbitration tribunal may, however, in its Tribunal may make a different decision direct that a higher proportion of costs shall be borne by one regarding the sharing of the Contracting Partiescosts. In all other respects, the procedure Arbitral Tribunal shall determine its own rules of the arbitration tribunal shall be determined by the tribunal itselfprocedure.

Appears in 1 contract

Samples: Investment Agreement

Disputes between the. contracting parties 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall be settledshall, as far as possible, be settled amicably through negotiations between the Governments of both Contracting Partiesnegotiation. 2. Nevertheless, if If a dispute between the Contracting Parties cannot thus be settled within six months after from the date on which time the negotiations were requested by any of the Contracting Partiesdispute arose, it shall upon the request of either Contracting Party be submitted to an arbitration tribunal at the request of any of the Contracting Partiesarbitral tribunal. 3. The Arbitration Tribunal Such an arbitral tribunal shall be established constituted for each individual case by casein the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one membermember of the tribunal. These Those two members shall then agree to elect select a national of a third country as chairman, that State who on approval by the two Contracting Parties shall be appointed by Chairman of the Governments of both Contracting Partiestribunal. The members Chairman shall be appointed within two months, and the chairman within four months, months from the date on which either Contracting Party, has informed of appointment of the other Contracting Party of its intention to submit the dispute to an Arbitration Tribunaltwo members. 4. If within the time limits referred to periods specified in Paragraph paragraph (3) of this Article Article, the necessary appointments have not been complied withmade, each either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make the any necessary appointments. 5. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Member of the International Court of Justice is prevented from discharging the function provided for next in paragraph (4) of this Article or is a national of either Contracting Party, the Vice President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court seniority who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. 65. The arbitration arbitral tribunal shall reach its decision by a majority of votes, the . Such decision being the final and shall be binding on the both Contracting Parties. 7. Each Contracting Party shall bear the costs cost of its own arbitrator to the member appointment by that Contracting Party as well as the costs for tribunal and of its representation in the arbitration arbitral proceedings; the . The cost of the chairman as well as any other Chairman and the remaining costs shall be borne in equal parts equally by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs cost shall be borne by one of the two Contracting Parties and this award shall be binding on both Contracting Parties. In all other respects, the procedure of the arbitration tribunal The Tribunal shall be determined by the tribunal itselfdetermine its own procedure.

Appears in 1 contract

Samples: Investment Agreement

Disputes between the. contracting parties (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall be settledshall, as far as if possible, through negotiations between the Governments of both Contracting Partiesbe settled amicably. (2. Nevertheless, if ) If a dispute cannot thus be settled within six months after sir months, following the date on which either Contracting Party has notified in writing the negotiations were requested by any of other Contracting Party about the Contracting Partiesdispute, it shall at the request of either Contracting Party be submitted to an arbitration tribunal at the request of any of the Contracting Partiesarbitral tribunal. (3. ) The Arbitration Tribunal arbitral tribunal shall be established set up from case by to case, each . Each Contracting Party shall appoint one membermember of the arbitral tribunal. These two members shall then agree to elect select a national of a third country as chairmanState, that who on approval by the Contracting Parties shall be appointed by chairman of the Governments of both Contracting Partiesarbitral tribunal. The members of -the tribunal shall be appointed within two months, and the chairman within four months, from the date on which either when one of the Contracting Party, has informed the other Contracting Party of Parties declared its intention to submit the dispute to an Arbitration Tribunalarbitral tribunal. (4. ) If the time limits referred to in Paragraph (3) of this Article have not been complied with, each either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. 5. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting Party, 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 otherwise prevented from discharging the said function or is a national of either Contracting Partyfunction, the most senior member Member of the International Court of Justice nest in seniority who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. 6. (5) The arbitration arbitral tribunal shall reach its decision by a majority of votes, the decision being the . Such decisions shall be final and binding on the both Contracting Parties. 7. Each Contracting Party shall bear the costs cost of the member appointment appointed by that Contracting Party as well as the costs for its representation in the arbitration proceedings; the cost of the chairman as well as any other costs shall be borne in equal parts by the two Contracting Parties. The arbitration arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration this arbitral tribunal shall be determined by the tribunal itself.

Appears in 1 contract

Samples: Investment Agreement

Disputes between the. contracting partiesparties relating to the interpretation or application of this agreement 1. Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall be settled, settled as far as possible, possible through negotiations between the Governments of both Contracting Partiesdiplomatic channels. 2. NeverthelessIn the absence of a settlement through diplomatic channels, if a the dispute cannot be settled within six months after the date on which the negotiations were requested by any of the Contracting Parties, it shall be submitted to an arbitration tribunal a joint commission consisting of representatives of the two Parties; this commission shall convene without undue delay at the request of any of the Contracting Partiesfirst party to take action. 3. The Arbitration Tribunal If the joint commission cannot settle the dispute, the latter shall be established case by submitted, at the request of either Contracting Party, to an arbitration court set up as follows for each individual case, each : Each Contracting Party shall appoint one member. These arbitrator within a period of two members shall then agree to elect a national of a third country as chairman, that shall be appointed by the Governments of both Contracting Parties. The members shall be appointed within two months, and the chairman within four months, months from the date on which either Contracting Party, Party has informed the other Contracting Party of its intention to submit the dispute to an Arbitration Tribunal. 4arbitration. Within a period of two months following their appointment, these two arbitrations shall appoint by mutual agreement a national of a third State as chairman of the arbitration court. If the these time limits referred to in Paragraph (3) of this Article have not been complied with, each either Contracting Party may, in absence of any other relevant arrangement, invite shall request the President of the International Court of Justice to make the necessary appointments. 5appointment(s). If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting Party, the Vice President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party or of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he cannot exercise this function, the Vice- President of the International Court of Justice shall be invited requested to make the necessary appointmentsappointment(s). 64. The arbitration tribunal court thus constituted shall reach determine its decision own rules of procedure. Its decisions shall be taken by a majority of the votes, ; the decision being the shall be final and binding on the Contracting Parties. 75. Each Contracting Contraction Party shall bear the costs resulting from the appointment of its arbitrator. The expenses in connection with the appointment of the member appointment by that Contracting Party as well as third arbitrator and the administrative costs for its representation in the arbitration proceedings; the cost of the chairman as well as any other costs court shall be borne in equal parts equally by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itself.

Appears in 1 contract

Samples: Investment Agreement

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