Common use of Initiation of Proceedings Clause in Contracts

Initiation of Proceedings. (1) At the request of either Contracting Party a dispute concerning the interpretation or application of this Agreement may be submitted to an arbitral tribunal for decision not earlier than four months after such request has been notified to the other Contracting Party. (2) A Contracting Party shall not initiate proceedings under this Part for a dispute regarding the infringement of rights of an investor which that investor has submitted to proceedings under Part 1 of this Chapter, unless the other Contracting Party has failed to abide by or comply with the award rendered in that dispute. In this case, the arbitral tribunal established under this Part, on delivery of a request by a Contracting Party whose investor was a party to the dispute, may award: (a) A declaration that the failure to abide by or comply with the final award is in contravention of the obligations of the other Contracting Party under this Agreement; and (b) A recommendation that the other Contracting Party abide by or comply with the final award.

Initiation of Proceedings. (1) At the request of either Contracting Party a dispute concerning the interpretation or application of this Agreement may be submitted to an arbitral tribunal for decision not earlier than four months after such request has been notified to the other Contracting Party. (2) A Contracting Party shall not initiate proceedings under this Part for a dispute regarding the infringement of rights of an investor which that investor has submitted to proceedings under Part 1 of this Chapter, unless the other Contracting Party has failed to abide by or comply with the award rendered in that dispute. In this case, the arbitral tribunal established under this Part, on delivery of a request by a Contracting Party whose investor was a party to the dispute, may award: (a) A a declaration that the failure to abide by or comply with the final award is in contravention of the obligations of the other Contracting Party under this Agreement; and (b) A a recommendation that the other Contracting Party abide by or comply with the final award.

Initiation of Proceedings. (1) At the request of either Contracting Party Party, a dispute concerning the interpretation or application of this Agreement may be submitted to an arbitral tribunal for decision not earlier than four months after such request has been notified to the other Contracting Party. (2) A Contracting Party shall not initiate proceedings under this Part for a dispute regarding the infringement of rights of an investor which that investor has submitted to proceedings under Part 1 of this Chapterinvestor, unless the other Contracting Party has failed to abide by or comply with the award rendered in a dispute that disputean investor has submitted to proceedings under Part One of this Chapter. In this that case, the arbitral tribunal established under this Part, on delivery of a request by a Contracting Party whose investor was a party to the dispute, may award: (a) A a declaration that the failure to abide by or comply with the final award is in contravention of the obligations of the other Contracting Party under this Agreement; and (b) A a recommendation that the other Contracting Party abide by or comply with the final award.

Initiation of Proceedings. (1) At the request of either Contracting Party Party, a dispute concerning the interpretation or application of this Agreement may be submitted to an arbitral tribunal for decision not earlier than four months after such request has been notified to the other Contracting Party. (2) A Contracting Party shall not initiate proceedings under this Part for a dispute regarding the infringement of rights of an investor which that investor has submitted to proceedings under Part 1 of this Chapterinvestor, unless the other Contracting Party has failed to abide by or comply with the award rendered in a dispute that disputean investor has submitted to proceedings under Part One of this Chapter. In this that case, the arbitral tribunal established under this Part, on delivery of a request by a Contracting Party whose investor was a party to the dispute, may award: (a) A declaration that the failure to abide by or comply with the final award is in contravention of the obligations of the other Contracting Party under this Agreement; and (b) A recommendation that the other Contracting Party abide by or comply with the final award.