Common use of Resolution of Disputes Between the Contracting Parties Clause in Contracts

Resolution of Disputes Between the Contracting Parties. 1. Disputes between the Contracting Parties as to the interpretation and application of this Agreement, shall be resolved by way of negotiations. 2. In the event a dispute cannot be resolved through negotiations within six months as of the notification in writing of the origin of a dispute, then at the request of either Contracting Party, it shall be passed over for consideration, to the arbitration tribunal. 3. A arbitration tribunal shall be set up on a case-by-case basis according to the following procedure. The Contracting Parties, each of them, shall appoint one member of the arbitration tribunal within two months as of the receipt of notification of hearing to be held by an arbitration tribunal. Then, those two members of the tribunal shall select a citizen of a third country who, given the consent thereto of both Contracting Parties shall be appointed to act as a chairperson of the tribunal within one month as of the appointment of the two other members of the tribunal. 4. In the event the required appointments have not been made within the dates specified in Item 3 of this Article, then, unless the parties have agreed otherwise, either of the Contracting Parties may turn to the Chairman of the International Court of Justice with a request to make such appointments. If the Chairman is a citizen of the state of either Contracting Party, or if he is in no position, for whatever reason to perform that function, then the Vice-Chairman of the International Court of Justice shall be asked to make said appointments. If the Vice-Chairman is also a citizen of the state of either Contracting Party or if he is for any other reason in no position to discharge the said function, then the necessary appointments shall be made by a member of the International Court of Justice who comes next in seniority who is not a citizen of either Contracting Party. 5. The arbitration tribunal shall take a decision by a majority vote. The decision shall be final and binding upon either of the Contracting Parties. The arbitration tribunal shall determine the procedure of its own work as it deems it fit. 6. Each Contracting Party shall bear the costs involved in the activity of the member of the tribunal appointed by it and in its representation in the arbitration hearing; the outlays connected with the activity of the Chairman of the arbitration tribunal, and also other expenditures shall be shared equally by the Contracting Parties. The court, however, shall have the right to envisage in its decision that one of the Contracting Parties shall bear a greater portion of expenditures and that decision shall be binding upon both Contracting Parties.

Appears in 6 contracts

Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement

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Resolution of Disputes Between the Contracting Parties. 1. Disputes that may arise between the Contracting Parties as to in connection with the interpretation and the application of this the present Agreement, shall be resolved by way of through negotiations. 2. In the event If a dispute canhas not be been resolved through negotiations within in this way in the course of six months as since the start of the notification in writing of the origin of a disputenegotiations, then at the request of either Contracting Party, it shall be passed over for consideration, at the demand of any one of the Contracting Parties, to the an arbitration tribunal. 3. A Such arbitration tribunal shall be set up on a case-by-created for every individual case basis according to in the following procedureway. The Each of the Contracting Parties, each of them, Parties shall appoint one member of the arbitration tribunal within two months as from the date of receiving notification on the receipt of notification of hearing to be held forthcoming examination by an arbitration tribunal. Then, those Then these two members of the tribunal shall select elect a citizen of a third country state, who, given with the consent thereto approval of both the Contracting Parties Parties, shall be appointed to act as a chairperson chairman of the arbitration tribunal within in the course of one month as from the date of the appointment of the two other members of the tribunalmembers. 4. In If the event the required necessary appointments have not been made within the dates specified term, set in Item 3 of this the present Article, then, unless in the parties have agreed otherwiseabsence of any other agreement, either any one of the Contracting Parties may turn to the Chairman of the International Court of Justice with a request to that he make such appointmentsan appointment. If the Chairman of the International Court is a citizen of one of the state of either Contracting PartyParties, or if he is in no position, cannot discharge said function for whatever reason to perform that functionany other reason, then it shall be proposed that the necessary appointments be made by the Vice-Chairman of the International Court. If the Vice-Chairman of the International Court of Justice shall be asked to make said appointments. If the Vice-Chairman is also a citizen of one of the state of either Contracting Party Parties, or if he is cannot fulfil said request for any other reason in no position to discharge the said functionreason, then it shall be proposed that the necessary appointments shall be made by a the member of the International Court of Justice who comes Court, next in seniority seniority, who is not a citizen of either of the Contracting PartyParties. 5. The arbitration tribunal shall take a pass its decision by a majority vote. The Such decision shall be seen as final and binding upon either of for the Contracting Parties. The arbitration tribunal shall determine Each of the procedure of its own work as it deems it fit. 6. Each Contracting Party Parties shall bear the costs involved in expenses, connected the activity of the member of the tribunal court it has appointed by it and in with its representation in at the arbitration hearingtribunal investigation; the outlays connected outlays, made in connection with the activity of the Chairman of the arbitration tribunal, and also as well as other expenditures expenditures, shall be shared equally borne in equal shares by the Contracting Parties. The courtHowever, however, shall have the right to court may envisage in its decision that one of the Contracting Parties shall bear cover a greater portion larger part of expenditures the expenses, and that such decision shall be binding upon for both the Contracting Parties. The arbitration tribunal shall itself determine the order of its own work.

Appears in 1 contract

Samples: Investment Agreement

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