Common use of Disputes between the Clause in Contracts

Disputes between the. parties 1 - Any disputes arising between the Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiations through diplomatic channels. 2 - If the Parties do not reach agreement within six months after the start of negotiations, the dispute shall be submitted, at the request of either Party, to an arbitral tribunal to be established in accordance with the following paragraphs. 3 - The arbitral tribunal shall be constituted ad hoc, as follows: a) Each Party shall appoint one member and both members shall nominate a third-country national as president, who shall be appointed by both Parties; b) Members shall be appointed within a period of two months and the Chairman within three months of the date on which one of the Parties has notified the other of the intention to refer the dispute to an arbitral tribunal; c) The President of the arbitral tribunal must be a national of a State with which both Parties have diplomatic relations. 4 - If the time limits laid down in paragraph 3 of this Article are not met, either Party may, in the absence of any other agreement, request the President of the International Court of Justice to make the necessary appointments. 5 - If the President is prevented or is a national of one of the Parties, appointments shall be made to the Vice-President. If he is also prevented or is a national of one of the Parties, appointments shall be made to the member of the court who is in the hierarchy, provided that such member is not a national of either Party. 6 - The arbitral tribunal decides by majority vote. Its decisions shall be final and binding on both Parties. 7 - Each Party shall bear the expenses of its arbitrator and of its representation in the proceedings before the arbitral tribunal. Both Parties shall bear the costs of the President as well as the other expenses in equal parts. 8 - The arbitral tribunal may adopt a different regulation as to costs. In all other matters, the arbitral tribunal shall define its own rules of procedure.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

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Disputes between the. contracting parties 1 - Any disputes arising 1. Disputes between the Contracting Parties concerning the interpretation or application of this the present Agreement shallshould, as far as possible, be settled through negotiations through diplomatic channelsbetween the Contracting Parties. 2 - 2. If a dispute between the Contracting Parties do cannot reach agreement thus be settled within six months after the start beginning of negotiations, the dispute it shall be submitted, at upon the request of either Party, Contracting Party be submitted to an arbitral tribunal to be established in accordance with the following paragraphstribunal. 3 - The 3. Such an arbitral tribunal shall be constituted ad hocfor each individual case in the following way: Within three months from the receipt of the request for arbitration, as follows: a) Each each Contracting Party shall appoint one member and both of the tribunal. These two members shall nominate then select a third-country national as president, of a third State who on approval by the two Contracting Parties shall be appointed by both Parties; b) Members Chairman of the tribunal. The Chairman shall be appointed within a period of two five months and the Chairman within three months of from the date on which when one of the Contracting Parties has notified informs the other Contracting Party of the intention to refer request of submitting the dispute to an arbitral the arbitration tribunal; c) The President of the arbitral tribunal must be a national of a State with which both Parties have diplomatic relations. 4 - 4. If within the time limits laid down periods specified in paragraph 3 (3) of this Article are the necessary appointments have not metbeen made, either Contracting Party may, in the absence of any other agreement, request 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 is prevented or from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of one either Contracting Party or if he too is prevented from discharging the said function, the Member of the Parties, appointments shall be made to the Vice-President. If he is also prevented or is a national International Court of one of the Parties, appointments shall be made to the member of the court Justice next in seniority who is in the hierarchy, provided that such member is not a national of either PartyContracting Party shall be invited to make the necessary appointments. 6 - 5. The arbitral tribunal decides determines its own procedure. The tribunal reaches its award on the basis of the provisions of the present Agreement and of the general principles and rules of international law. The tribunal shall upon request of either Contracting Party State the reasons upon which the award is based. The arbitral tribunal reaches its award by majority vote. Its decisions Such award shall be final and binding on both Contracting Parties. 7 - 6. Each Contracting Party shall bear the expenses cost of its arbitrator own member of the tribunal and of its representation in the proceedings before arbitral proceedings; the arbitral tribunal. Both Parties shall bear the costs cost of the President as well as Chairman and the other expenses remaining costs shall be borne in equal parts. 8 - parts by the Contracting Parties. The arbitral tribunal may adopt however in its award direct that a different regulation as to costs. In all other mattershigher proportion of costs shall be borne by one of the Contracting Parties, the arbitral tribunal and this award shall define its own rules of procedurebe binding on both Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

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Disputes between the. contracting parties 1 - Any disputes arising 1. Disputes between the Parties contracting parties concerning the interpretation or and application of this Agreement shallagreement should, as far as possible, possible be settled through negotiations through diplomatic channelsdirect negotiations. 2 - 2. If the Parties do dispute cannot reach agreement thus be settled within six (6) months after the start of date on which either Contracting Party requested negotiations, the dispute shall it may be submitted, submitted at the request of either Party, the other contracting party to an arbitral tribunal to be established in accordance with the following paragraphstribunal. 3 - The 3. Such an arbitral tribunal shall be constituted ad hocfor each individual case in the following way: within two months (2) of the receipt of the request for arbitration, as follows: a) Each each Contracting Party shall appoint one member of the Tribunal; and both then these two members shall nominate select a third-country national as president, of a third State who on approval of the two Contracting Parties shall be appointed by both Parties; b) Members as Chairman of the Tribunal. The Chairman shall be appointed within a period four (4) months from the date of two months and the Chairman within three months appointment of the date on which one of the Parties has notified the other of the intention to refer the dispute to an arbitral tribunal; c) The President of the arbitral tribunal must be a national of a State with which both Parties have diplomatic relationstwo members. 4 - 4. If the time limits laid down necessary appointments have not been made within the periods specified in paragraph 3 of this Article are not metarticle, either Contracting Party may, in the absence of any other if no agreement, request the President of the International Court of Justice to make the necessary appointments. 5 - . If the President is prevented or is a national of one of the Parties, appointments shall be made to the Vice-President. If he is also prevented either Contracting Party or is a national of one of otherwise prevented from discharging the Partiesfunction, appointments shall be made to the member of the court International Court of Justice to continue in seniority who is in the hierarchy, provided that such member is not a national of either PartyContracting Party or is otherwise prevented from discharging the function, shall be requested to make the necessary appointments. 6 - 5. The arbitral tribunal decides shall reach its decisions by a majority voteof votes. Its The decisions of the Tribunal shall be final and binding on both Parties. 7 - contracting parties. Each Contracting Party shall bear the expenses cost of its arbitrator the member appointed by that Contracting Party and of its representation in the proceedings before the arbitral tribunalproceedings. Both Contracting Parties shall bear the costs assume an equal share of the President cost of the Chairman as well as any other costs. The Tribunal may decide differently the other expenses in equal parts. 8 - The arbitral tribunal may adopt a different regulation as to sharing of the costs. In all any other matters, aspect of the arbitral tribunal shall define determine its own rules of procedure.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

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