Common use of Disputes between the Clause in Contracts

Disputes between the. contracting parties 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should be settled through the diplomatic channel, which may include, if both Contracting Parties so desire, referral to a Bilateral Commission composed of representatives of both Contracting Parties or to conciliation. 2. If a dispute according to paragraph 1 of this Article cannot be settled within six (6) months from notification of this dispute it may, upon the request of either Contracting Party, be submitted to an arbitral tribunal. 3. Such an arbitral tribunal shall be constituted for each case in the following way: within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. The two arbitrators shall then select a national of a third state on approval of the two Contracting Parties, and this person shall be Chairman of the tribunal. The Chairman shall be appointed within two (2) 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 Contracting Party may, in the absence of any other agreement, invite the Secretary General of the Permanent Court of Arbitration at the Hague (hereinafter: the "PCA") to make any necessary appointments. If the Secretary General of the PCA is a national of either Contracting Party or is otherwise prevented from discharging the said function, then the Depute Secretary General of the PCA who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. Unless otherwise agreed, the arbitration shall be conducted in accordance with the UNCITRAL arbitration rules. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within six (6) months of the date of selection of the Chairman, and the arbitral panel shall render its written and reasoned decisions within two (2) months of the date of the final submissions or the date of the closing of the hearings, whichever is later. 6. The arbitral tribunal shall reach its decision by a majority vote. Such decision shall be binding on both Contracting Parties. 7. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings. The cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties.

Appears in 8 contracts

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

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Disputes between the. contracting parties 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement should shall, whenever possible, be settled amicably through the diplomatic channel, which may include, if both Contracting Parties so desire, referral to a Bilateral Commission composed of representatives of both Contracting Parties or to conciliationconsultations. 2. If a dispute according to paragraph 1 of this Article cannot be settled within six (6) months from notification of this dispute through consultations, it mayshall, upon at the request of either Contracting Party, be submitted to an arbitral tribunalpanel for decision. 3. Such an An arbitral tribunal panel shall be constituted for each case in the following way: within dispute. Within two (2) months of the after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one member of to the tribunalarbitral panel. The two arbitrators members shall then select a national of a third state on who, upon approval of by the two Contracting Parties, and this person shall be appointed Chairman of the tribunalarbitral panel. The Chairman shall be appointed within two (2) months from the date of appointment of the other two membersmembers of the arbitral panel. 4. If, If within the periods specified in paragraph 3 of this Article, Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the Secretary General President of the Permanent International Court of Arbitration at the Hague (hereinafter: the "PCA") Justice to make any the necessary appointments. If the Secretary General of the PCA President is a national of either Contracting Party or is otherwise prevented from discharging the said function, then the Depute Secretary General 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 PCA International Court of Justice next in seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments. 5. Unless otherwise agreed, the arbitration shall be conducted in accordance with the UNCITRAL arbitration rules. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within six (6) months of the date of selection of the Chairman, and the The arbitral panel shall render determine its written and reasoned decisions within two (2) months of the date of the final submissions or the date of the closing of the hearings, whichever is later. 6own procedure. The arbitral tribunal panel shall reach its decision by a majority voteof votes. Such decision shall be binding on both Contracting 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. 6. Each Contracting 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 Chairman and any remaining costs shall be borne equally by the Contracting Parties. The 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. Each The 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 Contracting Party shall bear bringing 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 dispute shall be borne in equal parts entitled to compensation or to suspend benefits of equivalent value to those awarded by the Contracting Partiespanel.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Disputes between the. contracting parties 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement Agreement, should be settled through the diplomatic channel, which may include, if both Contracting Parties so desire, referral to a Bilateral Commission composed of representatives of both Contracting Parties or to conciliation. 2. If a dispute according to paragraph 1 of this Article cannot be settled within six (6) months from notification of this dispute it may, upon the request of either Contracting Party, be submitted to an arbitral tribunal. 3. Such an arbitral tribunal shall be constituted for each case in the following way: within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. The two arbitrators shall then select a national of a third state on approval of the two Contracting Parties, and this person shall be Chairman of the tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If, If within the periods specified in 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 Secretary General of the Permanent Court of Arbitration at the Hague (hereinafter: the "PCA") to make any necessary appointments. If the Secretary General of the PCA is a national of either Contracting Party or is otherwise prevented from discharging the said function, then the Depute Deputy Secretary General of the PCA who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. Unless otherwise agreed, the arbitration shall be conducted in accordance with the UNCITRAL arbitration rules. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within six (6) months of the date of selection of the Chairman, and the arbitral panel shall render its written and reasoned decisions within two (2) months of the date of the final submissions or the date of the closing of the hearings, whichever is later. 6. The arbitral tribunal shall reach its decision by a majority vote. Such decision shall be binding on both Contracting Parties. 7. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings. The cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Disputes between the. contracting parties 1. 1 — Disputes between the Contracting Parties concerning the interpretation or or/and application of this Agreement should should, as far as possible, be settled by negotiations through diplomatic channels. 2 — If the diplomatic channel, which may include, if both Contracting Parties so desire, referral fail to a Bilateral Commission composed of representatives of both Contracting Parties or to conciliation. 2. If a dispute according to paragraph 1 of this Article cannot be settled reach such settlement within six (6) months from notification after the beginning of this negotiations, the dispute it mayshall, upon the request of either Contracting Party, be submitted to an arbitral tribunal, in accordance with the provisions of this article. 3. Such an 3 — The arbitral tribunal shall be constituted for ad hoc, as follows: each case in the following way: within two (2) months of the receipt of the request for arbitration, each Contracting Party Parties shall appoint one member of the tribunal. The and these two arbitrators members shall then select propose a national of a third state on approval of State as chairman to be appointed by the two Contracting Parties, and this person shall be Chairman of the tribunal. 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 of on which either Contracting Party notifies the other two membersthat it wishes to submit the dispute to an arbitral tribunal. 4. If, within 4 — If the periods deadlines specified in paragraph 3 of this Article, the necessary appointments have article are not been madecomplied with, either Contracting Party may, in the absence of any other agreement, invite the Secretary General President of the Permanent International Court of Arbitration at the Hague (hereinafter: the "PCA") Justice to make any the necessary appointments. If the Secretary General of the PCA President is prevented from doing so, or is a national of either Contracting Party or is otherwise prevented from discharging Party, the said function, then the Depute Secretary General of the PCA who is not a national of either Contracting Party Vice-President shall be invited to make the necessary appointments. 5. Unless otherwise agreed5 — If the Vice-President is also a national of either Contracting Party or if he is prevented from making appointments for any other reason, the arbitration shall be conducted in accordance with the UNCITRAL arbitration rules. Unless otherwise agreed, all submissions appointments shall be made by the member of the Court who is next in seniority and all hearings who is not a national of either Contracting Party. 6 — The chairman of the arbitral tribunal shall be completed within six (6) months a national of the date of selection of the Chairman, and the arbitral panel shall render its written and reasoned decisions within two (2) months of the date of the final submissions or the date of the closing of the hearings, whichever is latera third State with which both Contracting Parties maintain diplomatic relations. 6. 7 — The arbitral tribunal shall reach its decision by a rule according to majority vote. Such decision The decisions of the tribunal shall be final and binding on both Contracting Parties. 7. Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its representation in at the arbitral proceedingsarbitration. The cost costs of the Chairman chairman and the remaining costs shall be borne born in equal parts by the Contracting PartiesParties if the tribunal does not decide otherwise. In all other respects, the tribunal court shall define its own rules of procedure.

Appears in 1 contract

Samples: Investment Agreement

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Disputes between the. contracting parties 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement Agreement, should be settled through the diplomatic channel, which may include, if both Contracting Parties so desire, referral to a Bilateral Commission composed of representatives of both Contracting Parties or to conciliation. 2. If a dispute according to paragraph 1 of this Article cannot be settled within six (6) months from notification of this dispute it may, upon the request of either Contracting Party, be submitted to an arbitral tribunal. 3. Such an arbitral tribunal shall be constituted for each case in the following way: within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. The two arbitrators shall then select a national of a third state on approval of the two Contracting Parties, and this person shall be Chairman of the tribunal. The Chairman shall be appointed within two (2) 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 Contracting Party may, in the absence of any other agreement, invite the Secretary General of the Permanent Court of Arbitration at the Hague (hereinafter: the "PCA") to make any necessary appointments. If the Secretary General of the PCA is a national of either Contracting Party or is otherwise prevented from discharging the said function, then the Depute Deputy Secretary General of the PCA who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. Unless otherwise agreed, the arbitration shall be conducted in accordance with the UNCITRAL arbitration rules. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within six (6) months of the date of selection of the Chairman, and the arbitral panel shall render its written and reasoned decisions within two (2) months of the date of the final submissions or the date of the closing of the hearings, whichever is later. 6. The arbitral tribunal shall reach its decision by a majority vote. Such decision shall be binding on both Contracting Parties. 7. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings. The cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

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