Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicably. 2. If the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article. 3. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The two arbitrators will choose a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitrators. 4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also 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 appointment. 5. The Arbitral Tribunal shall reach its decision by a majority of votes, such decision shall be final and binding. Each contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 14 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute arise concerning ) Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement the shall be settled through diplomatic channels.
(2) If both Contracting Parties shall try to settle cannot reach an agreement within twelve months after the beginning of the dispute amicably.
2. If between themselves, the dispute cannot be settled in a such manner it latter shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The , and these two arbitrators will choose shall nominate a national chairman who shall be a citizen of a third State whoState.
(3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, on the approval arbitrator shall be appointed, upon the request of that Contracting Party, by the two Contracting Parties, shall act as chairman President of the Tribunal International Court of Justice.
(hereinafter referred to as "4) If both arbitrators cannot reach an agreement about the Chairman"). The Chairman shall be appointed choice of the chairman within two months from after their appointment, the date latter shall be appointed, upon the request of appointment either Contracting Party, by the President of the other two arbitratorsInternational Court of Justice.
(5) If, in the cases specified under paragraphs (3) and (4. If within the period specified in paragraph 3 ) of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanArticle, a request may be made to the President of the International Court of Justice to make is prevented from carrying out the appointment. If he is a national of either Contracting Party said function or if he is otherwise prevented from discharging a citizen of the said functionState of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make President, and if the appointment. If the Vice-President also latter is prevented or if he is a national citizen of the State of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national citizen of the State of either Contracting Party shall be invited to make the appointmentParty.
5. The Arbitral Tribunal (6) Subject to other provisions made by the Contracting Parties, the tribunal shall reach determine its decision by a majority of votes, such decision shall be final and binding. procedure.
(7) Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. .
(8) The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one decisions of the two tribunal are final and binding for each Contracting Parties. The Arbitral Tribunal shall determine its own procedureParty.
Appears in 12 contracts
Samples: Agreement Between the Government of the Republic of Latvia and the Government of Romania on the Promotion and Reciprocal Protection of Investments, Agreement on the Promotion and Reciprocal Protection of Investments, Agreement on the Promotion and Reciprocal Protection of Investments
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshould, if possible, be settled by consultations and negotiations through diplomatic channels.
2. If a dispute between the dispute Contracting Parties cannot be settled in a such manner it shallaccordance with paragraph 1 of this Article within six months from the date of request for settlement, the dispute shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Articlethree members.
3. The Arbitral Tribunal Such arbitral tribunal shall be constituted for each individual case in the following way: within . Within two months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The Those two arbitrators will choose members shall then select a national of a third State who, who on the approval by the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsmembers.
4. If within the period periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or if he too is prevented from discharging the said function, the member 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 appointmentnecessary appointments.
5. The Arbitral Tribunal tribunal shall determine its own procedure.
6. The arbitral tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties.
7. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, ; the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal 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.
8. The Arbitral Tribunal A dispute shall determine its own procedurenot be submitted to an international arbitral tribunal under the provisions of this Article, if the same dispute has been brought before another international arbitration court under the provisions of Article 8 and is still before the court. This will not impair the possibility of dispute settlement in accordance with paragraph 1 of this Article.
Appears in 8 contracts
Samples: Investment Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should any ) Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, as far as possible, be settled with consultation through diplomatic channel.
(2. ) If the a dispute cannot thus be settled in a such manner within six months, it shall, upon the request of either Contracting Party, be submitted to an ad ad-hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
(3) Such tribunal comprises three arbitrators. The Arbitral Tribunal shall be constituted in the following way: within Within two months of the receipt of the request for written notice requesting arbitration, each Contracting Party shall appoint one arbitrator. The Those two arbitrators will choose shall, within further two months, together select a national of a third State who, on the approval by the two having diplomatic relations with both Contracting Parties, shall act Parties as chairman Chairman of the Tribunal arbitral tribunal.
(hereinafter referred to as "4) If the Chairman"). The Chairman shall be appointed arbitral tribunal has not been constituted within two four months from the date of appointment receipt of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article written notice requesting arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentany necessary appointments. If the Vice-President also is a national of either Contracting Party or is otherwise prevented from discharging the said functionfunctions, the member Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said functions shall be invited to make the appointmentsuch necessary appointments.
(5) The arbitral tribunal shall determine its own procedure. The Arbitral Tribunal arbitral tribunal shall reach its decision award in accordance with the provisions of this Agreement and the principles of international law recognized by both Contracting Parties.
(6) The arbitral tribunal shall reach its award by a majority of votes, such decision . Such award shall be final and bindingbinding upon both Contracting Parties. The arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
(7) Each contracting Contracting Party shall bear the costs of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 6 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes between Contracting Parties relating to the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyagreement should, if possible, be settled through diplomatic channels.
2. If If, within a period of six (6) months from the date when either Contracting Party requested negotiations, the dispute canis not settled, it shall be settled in a such manner it shallsubmitted, upon at the request of either Contracting Party, be submitted contracting party to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way: (2) within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The member and these two arbitrators will choose members shall appoint a national of a third State who, on the approval by the two Contracting Parties, who shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")by both contracting parties. The Chairman shall be appointed within two three (3) months from the date of appointment of the other two arbitratorsmembers.
4. If the necessary appointments have not been made within the period periods specified in paragraph 3 of this Article article, either Contracting Party shall not have appointed its arbitrator or Party, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments. If he if the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said exercising this function, the member of the International Court of Justice next in seniority the oldest and who is not a national of either Contracting Party or is not for any other reason unable to perform this function, shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach its decision decisions by a majority of votes, . such decision decisions shall be final and bindingenforceable automatically to both Contracting Parties. Each contracting each Party shall bear the cost of the member appointed by it as well as the costs of for its own arbitrator and its counsel representation in the arbitral arbitration proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting PartiesParties shall be equally shared the cost of the Chairman and any other costs. The Arbitral the Tribunal may make a different decision regarding the sharing of the costs. in all other respects, the tribunal shall determine its own rules of procedure.
6. Any dispute referred to in paragraph 1 above shall be settled in accordance with the provisions of this Agreement and the generally recognized principles of international law.
Appears in 6 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshould be settled through negotiations.
2. ) If such a dispute has not thus been settled within six months from the dispute cannot be settled in a such manner date at which negotiations were requested, it shall, shall upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitration tribunal.
3) Such tribunal shall consist of three arbitrators. The Arbitral Tribunal shall be constituted in the following way: within Within two months of from the receipt of date on which either Contracting Party receives the request for arbitrationwritten notice requesting arbitration from the other Contracting Party, each Contracting Party shall appoint one arbitrator. The Those two arbitrators will choose shall, within the subsequent two months, together select a third arbitrator who is a national of a third State who, on the approval state which maintains diplomatic relations with both Contracting Parties. The third arbitrator shall be appointed by the two Contracting Parties, shall act Parties as chairman Chairman of the Tribunal (hereinafter referred to as "arbitral tribunal.
4) If the Chairman"). The Chairman shall be appointed arbitral tribunal has not been constituted within two four months from the date of appointment the receipt of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article written notice for arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the next most senior member of the International Court of Justice next in seniority justice who is not a national of either Contracting Party shall be invited to make the appointmentnecessary appointments.
5. ) The Arbitral Tribunal arbitration tribunal shall reach determine its decision own procedures and take its decisions by a majority of votes, such decision shall be final and binding. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member and its counsel own representation in the arbitral arbitration proceedings, ; the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal decision and awards of the arbitration tribunal shall determine its own procedurebe final and binding on both Contracting Parties.
Appears in 5 contracts
Samples: Investment Promotion and Protection Agreement, Investment Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should ) The Contracting Parties shall endeavour to resolve any dispute arise concerning difference between them regarding the interpretation or application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablyby friendly negotiations.
(2. ) If the dispute difference cannot thus be settled in a such manner it shallwithin six months following the date of notification of the difference, upon the request of either Contracting Party, be submitted Party may submit it to an ad Ad-hoc Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be formed by three members and shall be constituted in the following wayas follows: within two months of the receipt notification by a Contracting Party of its wish to settle the request for dispute by arbitration, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose members shall then, within thirty days of the appointment of the last one, agree upon a third member who shall be a national of a third State who, on the approval by the two Contracting Parties, country and who shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Contracting Parties shall appoint the Chairman shall be appointed within two months from the date thirty days of appointment of the other two arbitratorsthat person's nomination.
(4. If ) If, within the period specified time limits provided for in paragraph 3 (2) and (3) of this Article the required appointment has not been made or the required approval has not been given, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a may request may be made to the President of the International Court of Justice to make the necessary appointment. If he the President of the International Court of Justice is prevented from carrying out the said function or if that person is a national of either Contracting Party or if he is otherwise prevented from discharging Party, the said function, appointment shall be made by the Vice-President shall be invited to make President, and if the appointment. If the Vice-President also latter is prevented or if that person is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party Party.
(5) The Chairman of the Tribunal shall be invited to make the appointmenta national of a third country which has diplomatic relations with both Contracting Parties.
5(6) The arbitral tribunal shall reach its decisions taking into account the provisions of this Agreement, the principles of international law on this subject and the generally recognized principles of international law. The Arbitral Tribunal shall reach its decision decisions by a majority of votes, such decision vote and shall be final and binding. determine its procedure.
(7) Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. Parties unless agreed otherwise.
(8) The Tribunal may, however, in its decision direct that a higher proportion decisions of costs the arbitral tribunal shall be borne by one of the two Contracting final and binding on both Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 5 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute arise concerning ) Disputes between the Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through the diplomatic channels.
(2) If Contracting Parties shall try to settle cannot reach an agreement within six months from the date of request for settlement the dispute amicably.
2. If the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Articlethree members.
(3. The Arbitral Tribunal ) Such an arbitral tribunal shall be constituted for each individual case in the following way: within . Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The Those two arbitrators will choose members shall then select a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsmembers.
(4. ) If the necessary appointments have not been made within the period periods specified in paragraph 3 (3) of this Article Article, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national citizen of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-Vice- President also is a national citizen of either Contracting Party or if he is prevented from discharging the said function, the member Member of the International Court of Justice next in seniority who is not a national citizen of either Contracting Party shall be invited to make the appointmentnecessary appointments.
(5. ) The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes, such decision shall be final and binding. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may.
(6) Subject to the provisions of this Article, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal tribunal shall determine its own procedure.
(7) The decisions of tribunal are final and binding on both Contracting Parties.
Appears in 5 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute ) The differences that may arise concerning between the Contracting Parties regarding the interpretation or application of this Agreement the Contracting Parties present Agreement, shall try to settle the dispute amicablybe settled through diplomatic channels.
(2. ) If no agreement could be reached within six months following the dispute cannot be settled in a such manner it shalldate of notification of the difference, upon the request of either Contracting Party, be submitted Party may submit it to an ad ad-hoc Arbitral Tribunal arbitral tribunal established in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be formed by three members and shall be constituted in the following wayas follows: within the term of two months form the date of notification of the receipt of the request for arbitrationarbitration request, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose arbitrators, within the term of two months from the appointment of the last one, shall agree upon a third member who shall be a national of a third State whocountry, on who will chair the approval by the two Contracting Parties, shall act as chairman Tribunal. The appointment of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed approved by the Contracting Parties within the term of two months from the date of appointment of the other two arbitratorsthat person's nomination.
(4. If ) If, within the period specified time limits provided for in paragraph 3 (3) of this Article Article, the necessary appointments have not been made or the required approval has not been given, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a may request may be made to the President of the International Court of Justice to make the appointmentnecessary appointments. If the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party Party, the appointments shall be made by the Vice-President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentnecessary appointments.
(5. ) The Chairman of the Tribunal shall be a national of a third country which has diplomatic relations with both Contracting Parties.
(6) The Arbitral Tribunal shall reach its decision decisions on the basis of the provisions of this Agreement, the principles of International Law on this subject and the General Principles of Law as recognized by the Contracting Parties. The Tribunal shall reach its decisions by a majority of votes, such decision vote and shall be final and binding. determine its own proceeding rules.
(7) Each contracting Contracting Party shall bear the costs cost of the respective arbitrator and those of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs of the process shall be borne in equal parts by the Contracting Parties unless agreed otherwise.
(8) The decisions of the Arbitral Tribunal shall be final and binding on both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 4 contracts
Samples: Investment Promotion and Protection Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should The Contracting Parties shall consult promptly through diplomatic channel, upon request by either Contracting Party, to resolve any dispute arise concerning in connection with this Agreement, or to discuss any matter relating to the interpretation or application of this Agreement or to the Contracting Parties shall try to settle realisation of the dispute amicablyobjectives of this Agreement.
2. If the a dispute cannot thus be settled in a such manner within six months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal shall be constituted in the following way: within Such tribunal comprises of three arbitrators. Within two months of the receipt of the request for written notice requesting arbitration, each Contracting Party shall appoint one arbitrator. The Those two arbitrators will choose shall, within further two months, together select a national of a third State who, on the approval by the two having diplomatic relations with both Contracting Parties, shall act Parties as chairman Chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsarbitral tribunal.
4. If the arbitral tribunal has not been constituted within four months from the period specified in paragraph 3 receipt of this Article the written notice requesting arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentany necessary appointments. If the Vice-President also is a national of either Contracting Party or is otherwise prevented from discharging the said functionfunctions, the member Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said functions shall be invited to make the appointmentsuch necessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Contracting Parties.
6. The arbitral tribunal shall reach its decision by a majority of votes, such . The arbitration decision shall be made within ten months from the date of constitution of the arbitral tribunal. Such award shall be final and bindingbinding upon both Contracting Parties. The arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
7. Each contracting Contracting Party shall bear the costs of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 4 contracts
Samples: Investment Protection Agreement, Agreement Between the Government of the People’s Republic of China and the Government of the Republic of Korea on the Promotion and Protection of Investments, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshould, if possible, be settled by consultations and negotiations through diplomatic channels.
2. If a dispute between the dispute Contracting Parties cannot be settled in a such manner it shallaccordance with paragraph 1 of this Article within six months from the date of request for settlement, the dispute shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Articlethree members.
3. The Arbitral Tribunal Such arbitral tribunal shall be constituted for each individual case in the following way: within . Within two months of from the date to receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The Those two arbitrators will choose members shall then select a national of a third State who, on the who an approval by the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsmembers.
4. If within the period periods specified in paragraph Paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or if he too is prevented from discharging the said function, the member 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 appointmentnecessary appointments.
5. The Arbitral Tribunal tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Contracting Parties.
6. The arbitral tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties. The ad hoc tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
7. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, ; the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its decision descision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal , and this award shall determine its own procedurebe binding on both Contracting Parties.
Appears in 4 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, as far as possible, be settled with consultations through diplomatic channels.
2. If the a dispute cannot thus be settled in a such manner within six months, it shall, upon the request of either Contracting Party, be submitted submitted, to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal shall be constituted in the following way: within Such tribunal comprises of three arbitrators. Within two months of the receipt of the request for written notice requesting arbitration, each Contracting Party shall appoint one arbitrator. The Those two arbitrators will choose shall, within further two months, together select a national of a third State who, on the approval by the two having diplomatic relations with both Contracting Parties, shall act Parties as chairman Chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsarbitral tribunal.
4. If the arbitral tribunal has not been constituted within four months from the period specified in paragraph 3 receipt of this Article the written notice requesting arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentany necessary appointments. If the Vice-President also is a national of either Contracting Party or is otherwise prevented from discharging the said functionfunctions, the member Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said functions shall be invited to make the appointmentsuch necessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision award in accordance with the provisions of this Agreement and the generally recognized principles of international law.
6. The arbitral tribunal shall reach its award by a majority of votes, such decision . Such award shall be final and bindingbinding upon both Contracting Parties. The arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
7. Each contracting Contracting Party shall bear the costs of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 4 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled, as far as possible, through friendly consultations by both parties through diplomatic channels.
2. If the dispute such disputes cannot be settled within six months from date on which either Contracting Party informs in a such manner it shall, upon writing the request of either other Contracting Party, the matter should be submitted for settlement to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articleinternational arbitral tribunal.
3. The Arbitral Tribunal ad hoc international arbitral tribunal mentioned above shall be constituted in the following wayestablished as follows: within two months The arbitral tribunal is composed of the receipt of the request for arbitration, each three arbitrators. Each Contracting Party shall appoint one arbitrator. The ; the two arbitrators will choose shall propose by mutual agreement the third arbitrator who is a national of a the third State who, on the approval by the two which has diplomatic relations with both Contracting Parties, shall act as chairman of and the Tribunal (hereinafter referred to as "the Chairman"). The Chairman third arbitrator shall be appointed as Chairman of the tribunal by both Contracting Parties.
4. If the appointments of the members of the Arbitral Tribunal are not made within two a period of six months from the date of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article request for arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any court arrangement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments within three months. If he is Should the President be a national of either one Contracting Party or if should he is otherwise prevented from discharging the said functionnot be able to perform this designation because of other reasons, this task shall be entrusted to the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member of the International Court, or to the next senior Judge of the Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
5. The Arbitral Tribunal shall reach determine its decision own procedure. The Arbitral Tribunal shall decide its award by a majority of votes, such decision shall be . Such award is final and bindingbinding upon the Contracting Parties.
6. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the panel and of its counsel representative in the arbitral tribunal proceedings, the . The costs of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshould, if possible, be settled by consultations and negotiations through diplomatic channels.
2. If a dispute between the dispute Contracting Parties cannot be settled in a such manner it shallaccordance with paragraph 1 of this Article within six months from the date of request for settlement, the dispute shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Articlethree members.
3. The Arbitral Tribunal Such arbitral tribunal shall be constituted for each individual case in the following way: within . Within two months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The Those two arbitrators will choose members shall then select a national of a third State who, who on the approval by the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsmembers.
4. If within the period periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or if he too is prevented from discharging the said function, the member 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 appointmentnecessary appointments.
5. The Arbitral Tribunal tribunal shall determine its own procedure.
6. The arbitral tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties.
7. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, ; the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal , and this award shall determine its own procedurebe binding on both Contracting Parties.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes between Contracting Parties relating to the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, as far as possible, be settled by diplomatic negotiation.
2. If a dispute has not been settled within six (6) months from the dispute cannot be settled in a such manner beginning of the negotiations, it shall, upon at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal arbitration tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal arbitration tribunal shall be constituted for each particular case in the following waymanner: within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratorarbitrator from the tribunal. The two arbitrators will choose members so designated shall in turn select a national of a third State who, on with the approval by the two of both Contracting Parties, shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman shall be appointed within two three (3) months from the date of appointment of the other two arbitratorsmembers.
4. If within the period specified designations referred to in paragraph 3 of this Article have not been made within the prescribed time limit, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentsaid designations. If the President of the International Court of Justice is unable to perform this function or if he is a national of one of the Contracting Parties, the appointments shall be made by the Vice-President. If the Vice-President is unable to perform this function or if he is a national of one of the Contracting Parties, the appointments shall be made by the Vice- President. If he is a national of either one of the Contracting Party or if he is otherwise prevented from discharging the said functionParties, the Vice-President appointments shall be invited to make made by the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the most senior member of the International Court of Justice next in seniority who is not a national of either one of the Contracting Party shall be invited to make the appointmentParties.
5. The Arbitral President of the Arbitration Tribunal shall reach be a national of a State with which the Contracting Parties maintain diplomatic relations.
6. The Arbitration Tribunal shall take its decision decisions by a majority of votes, such decision . Its decisions shall be final and bindingenforceable by operation of law for both Contracting Parties.
7. Each contracting Contracting Party shall bear the fees of the arbitrator appointed by it and the costs incurred in respect of its own arbitrator and its counsel his representation in the arbitral arbitration proceedings, the costs . The fees of the chairman and the remaining costs other expenses shall be borne in equal parts equally by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Arbitration Tribunal shall determine its own procedureprocedures.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should The Contracting Parties shall endeavour to resolve any dispute arise concerning difference between them regarding the interpretation or application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablyby friendly negotiations.
2. If the dispute difference cannot thus be settled in a such manner it shallwithin six months following the date of notification of the difference, upon the request of either Contracting Party, be submitted Party may submit it to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be formed by three members and shall be constituted in the following wayas follows: within two months of the receipt notification by a Contracting Party of its wish to settle the request for dispute by arbitration, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose members shall then, within thirty days of the appointment of the last one, agree upon a chairman who shall be a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorscountry.
4. If If, within the period specified time limits provided for in paragraph 3 2. and 3. of this Article the required appointment has not been made or the required approval has not been given, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a may request may be made to the President of the International Court of Justice to make the appointmentnecessary appointments. If he the President of the International Court of Justice is prevented from carrying out the said function or if that person is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice-President appointments shall be invited to make made by the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
5. The Chairman of the Tribunal shall be a national of a third country which has diplomatic relations with both Contracting Parties.
6. The Tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the Tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recongnized rules of international arbitral procedure.
7. The Arbitral Tribunal shall reach its decision decisions taking into account the provisions of this Agreement, the principles of international law on this subject and the general principles of Law as recognized by the Contracting Parties. The Tribunal shall reach its decisions by a majority of votes, such decision shall be final and bindingvote.
8. Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs cost shall be borne in equal parts by the Contracting Parties unless agreed otherwise.
9. The decisions of the Arbitral Tribunal shall be final and binding on both Contracting Parties.
10. The Tribunal mayA dispute shall not be submitted to an international arbitration court under the provisions of this Article, however, in its decision direct that a higher proportion if the same dispute has been brought before another international arbitration court under the provisions of costs shall be borne by one of Article XI and is still before the two Contracting Parties. The Arbitral Tribunal shall determine its own procedurecourt.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or and application of this Agreement shall be settled, as far as possible, through friendly consultations by the Contracting Parties shall try to settle the dispute amicablyParties.
2. If the dispute such disputes cannot thus be settled within six (6) months, from the date on which either Contracting Party requested such consultation in a such manner it shallwriting, upon these disputes shall at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articleinternational arbitration tribunal.
3. The Arbitral Tribunal ad hoc international arbitral tribunal shall be constituted in the following wayestablished as follows: within two months It shall be composed of the receipt of the request for arbitration, each three arbitrators. Each Contracting Party shall appoint one arbitrator. The ; the two arbitrators will choose shall propose the third arbitrator who is to be a national of a third State who, on the approval by the two which has diplomatic relations with both Contracting Parties, . The third arbitrator shall act be appointed as chairman Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal by both Contracting Parties.
4. The Chairman members of the arbitral tribunal shall be appointed within two months (2) months, and the Chairman within four (4) months, from the date of appointment of either Contracting Party has advised the other two arbitratorsContracting Party of its wish to submit the dispute to an arbitration tribunal.
45. If within the period specified time limits referred to in paragraph 3 Paragraph (4) of this Article have not been complied with, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other relevant arrangement, a request may be made to invite the President of the International Court of Justice justice to make the appointmentnecessary appointments within three (3) months.
6. If he is Should the President be a national of either one Contracting Party Party, or if should he is otherwise prevented from discharging the said functionnot be able to perform this designation because of other reasons, this task shall be entrusted to the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member of the International Court Court, or to the next senior Judge of Justice next in seniority the Court, who is not a national of or either Contracting Party shall be invited to make the appointmentParty.
57. The Arbitral Tribunal arbitration tribunal shall reach its decision by a majority of votes, such the decision shall be being final and bindingbinding on the Contracting Parties. Each contracting Contracting Party shall bear the costs of the member appointed by that Contracting Party as well as the costs for its own arbitrator and its counsel representation in the arbitral arbitration proceedings, ; the costs cost of the chairman and the remaining Chairman as well as any other costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting PartiesParties unless the tribunal decides otherwise.
8. The Arbitral Tribunal In all other respects, the procedures of the arbitral tribunal shall determine its own procedurebe decided by the tribunal itself.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute ) The differences that may arise concerning between the Contracting Parties regarding the interpretation or application of this Agreement the Contracting Parties present Agreement, shall try to settle the dispute amicablybe settled through diplomatic channels.
(2. ) If no agreement could be reached within six months following the dispute cannot be settled in a such manner it shalldate of notification of the difference, upon the request of either Contracting Party, be submitted Party may submit it to an ad ad-hoc Arbitral Tribunal arbitral tribunal established in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be formed by three members and shall be constituted in the following wayas follows: within the term of two months form the date of notification of the receipt of the request for arbitrationarbitration request, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose arbitrators, within the term of two months from the appointment of the last one, shall agree upon a third member who shall be a national of a third State whocountry, on who will chair the approval by the two Contracting Parties, shall act as chairman Tribunal. The appointment of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed approved by the Contracting Parties within the term of two months from the date of appointment of the other two arbitratorsthat person´s nomination.
(4. If ) If, within the period specified time limits provided for in paragraph 3 (3) of this Article Article, the necessary appointments have not been made or the required approval has not been given, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a may request may be made to the President of the International Court of Justice to make the appointmentnecessary appointments. If the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party Party, the appointments shall be made by the Vice-President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentnecessary appointments.
(5. ) The Chairman of the Tribunal shall be a national of a third country which has diplomatic relations with both Contracting Parties.
(6) The Arbitral Tribunal shall reach its decision decisions on the basis of the provisions of this Agreement, the principles of International Law on this subject and the General Principles of Law as recognized by the Contracting Parties. The Tribunal shall reach its decisions by a majority of votes, such decision vote and shall be final and binding. determine its own proceeding rules.
(7) Each contracting Contracting Party shall bear the costs cost of the respective arbitrator and those of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs of the process shall be borne in equal parts by the Contracting Parties unless agreed otherwise.
(8) The decisions of the Arbitral Tribunal shall be final and binding on both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Bilateral Investment Treaty
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshould, as far as possible, be settled through negotiation.
2. If a dispute between the Contracting Parties cannot thus be settled within six months from the time the dispute cannot be settled in a such manner arose, it shall, shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal Such an arbitral tribunal shall be constituted for each individual case in the following way: within . Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The Those two arbitrators will choose members shall then select a national of a third State who, who on the approval by the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsmembers.
4. If within the period periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the any necessary appointment. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-Vice- President shall be invited to make the appointmentnecessary appointments. If the Vice-Vice President also is a national of either Contracting Party or if he too is prevented from discharging the said function, the member Member of the International Court of Justice Justice, next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes, such decision . Such decisions shall be final and bindingbinding on both Contracting Parties. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, ; the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal 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. The Arbitral Tribunal tribunal shall determine its own procedure.
6. Decisions of the Tribunal shall be final and binding on the Contracting Parties. The establishment of an arbitral tribunal under this Article shall not prevent the Contracting Parties from arriving at an amicable settlement of the dispute.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any ) Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicably.
2. If the dispute present Agreement, which cannot be settled in within a such manner it reasonable lapse of time by means of diplomatic negotiations, shall, upon unless the Parties have otherwise agreed, be submitted, at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal, composed of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Contracting Each Party shall appoint one arbitrator. The arbitrator and the two arbitrators will choose thus appointed shall together appoint a third arbitrator as their chairman and who shall be a national of a third State who, on the approval by the two country which has diplomatic relations with both Contracting Parties, shall act as chairman .
2) If one of the Tribunal (hereinafter referred Parties fails to as "the Chairman"). The Chairman shall be appointed appoint its arbitrator and has not proceeded to do so within two months after an invitation from the date of appointment of other Party to make such appointment, the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either Contracting latter Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to invite the President of the International Court of Justice to make the necessary appointment. .
3) If he the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, either Party may invite the President of the International Court of Justice to make the necessary appointment.
4) If, in the cases provided for in the paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, function or is a national of either Party the most senior member of the International Court of Justice next in seniority available who is not a national of either Contracting Party shall be invited to make the appointmentnecessary appointments.
5) The tribunal shall decide on the basis of respect for the law, the provisions of this Agreement, the principles of International law on this subject and the General Principles of Law as recognised by the Contracting Parties. Before the tribunal decides, it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably. The Arbitral Tribunal foregoing provisions shall not prejudice the power of the tribunal to decide the dispute ex aequo et xxxx if the Parties so agree.
6) Each Contracting Party shall bear the cost of the respective arbitrator and those of its representation in the arbitral proceedings. The cost of the Chairman and the remaining costs of the process shall be borne in equal parts by the Contracting Parties unless agreed otherwise.
7) Unless the Parties decide otherwise, the tribunal shall determine its own procedure.
8) The tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and binding. Each contracting Party shall bear binding on the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute arise ) Contracting Parties shall endeavour to settle disputes concerning the application or interpretation or application of this Agreement Treaty through diplomatic channels.
(2) If a dispute has not been settled in accordance with paragraph (1) within a reasonable period of time, either party thereto may, except as otherwise provided in this Treaty or agreed in writing by the Contracting Parties, and except as concerns the application or interpretation of Article 6 or Article 19 or, for Contracting Parties listed in Annex IA, the last sentence of Article 10(1), upon written notice to the other party to the dispute submit the matter to an ad hoc tribunal under this Article.
(3) Such an ad hoc arbitral tribunal shall be constituted as follows:
(a) The Contracting Party instituting the proceedings shall appoint one member of the tribunal and inform the other Contracting Party to the dispute of its appointment within 30 days of receipt of the notice referred to in paragraph (2) by the other Contracting Party;
(b) Within 60 days of the receipt of the written notice referred to in paragraph (2), the other Contracting Party party to the dispute shall appoint one member. If the appointment is not made within the time limit prescribed, the Contracting Party having instituted the proceedings may, within 90 days of the receipt of the written notice referred to in paragraph 2, request that the appointment be made in accordance with subparagraph (d);
(c) A third member, who may not be a national or citizen of a Contracting Party party to the dispute, shall be appointed by the Contracting Parties parties to the dispute. That member shall try be the President of the tribunal. If, within 150 days of the receipt of the notice referred to settle in paragraph (2), the dispute amicably.
2. If Contracting Parties are unable to agree on the dispute cannot appointment of a third member, that appointment shall be settled made, in a such manner it shallaccordance with subparagraph (d), upon at the request of either Contracting Party, be Party submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted in the following way: within two months 180 days of the receipt of that notice;
(d) Appointments requested to be made in accordance with this paragraph shall be made by the request for arbitration, each Contracting Party shall appoint one arbitrator. The two arbitrators will choose a national Secretary-General of the Permanent Court of International Arbitration within 30 days of the receipt of a third State who, on the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred request to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentdo so. If the ViceSecretary-President also is a national of either Contracting Party or General is prevented from discharging the said functionthis task, the member appointments shall be made by the First Secretary of the International Court of Justice next Bureau. If the latter, in seniority who turn, is not a national of either Contracting Party prevented from discharging this task, the appointments shall be invited made by the most senior Deputy;
(e) Appointments made in accordance with subparagraphs (a) to make (d) shall be made with regard to the appointment.qualifications and experience, particularly in matters covered by this Treaty, of the members to be appointed;
5(f) In the absence of an agreement to the contrary between the Contracting Parties, the Arbitration Rules of UNCITRAL shall govern, except to the extent modified by the Contracting Parties parties to the dispute or by the arbitrators. The Arbitral Tribunal tribunal shall reach take its decision decisions by a majority vote of votes, such decision its members;
(g) The tribunal shall decide the dispute in accordance with this Treaty and applicable rules and principles of international law;
(h) The arbitral award shall be final and binding. Each contracting binding upon the Contracting Parties parties to the dispute;
(i) Where, in making an award, a tribunal finds that a measure of a regional or local government or authority within the Area of a Contracting Party shall bear listed in Part I of Annex P is not in conformity with this Treaty, either party to the costs dispute may invoke the provisions of Part II of Annex P;
(j) The expenses of the tribunal, including the remuneration of its own arbitrator and its counsel in the arbitral proceedingsmembers, the costs of the chairman and the remaining costs shall be borne in equal parts shares by both the Contracting PartiesParties parties to the dispute. The Tribunal tribunal may, however, in at its decision discretion direct that a higher proportion of the costs shall be borne paid by one of the two Contracting Parties. Parties parties to the dispute;
(k) Unless the Contracting Parties parties to the dispute agree otherwise, the tribunal shall sit in The Arbitral Tribunal Hague, and use the premises and facilities of the Permanent Court of Arbitration; (l)
(l) A copy of the award shall determine its own procedurebe deposited with the Secretariat which shall make it generally available.
Appears in 3 contracts
Samples: Energy Charter Treaty, Energy Charter Treaty, Energy Charter Treaty
Settlement of Disputes between Contracting Parties. (1. Should ) The Contracting Parties shall endeavour to resolve any dispute arise concerning difference between them regarding the interpretation or application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablyby friendly negotiations.
(2. ) If the dispute difference cannot thus be settled in a such manner it shallwithin six months following the date of notification of the difference, upon the request of either Contracting Party, be submitted Party may submit it to an ad Ad-hoc Arbitral Arbitrate Tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be formed by three members and shall be constituted in the following wayas follows: within two months of the receipt notification by a Contracting Party of its wish to settle the request for dispute by arbitration, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose members shall then, within thirty days of the appointment of the last one, agree upon a third member who shall be a national of a third State who, on the approval by the two Contracting Parties, country and who shall act as chairman of the Tribunal (hereinafter referred to as "the a Chairman"). The Contracting Parties shall appoint the Chairman shall be appointed within two months from the date thirty days of appointment of the other two arbitratorsthat persons nomination.
(4. If ) If, within the period specified time limits provided for in paragraph 3 (2) and (3) of this Article the required appointment has not been made or the required approval has not been given, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a may request may be made to the President of the International Court of Justice to make the necessary appointment. If he the President of the International Court of Justice is prevented from carrying out the said function or if that person is a national of either Contracting Party or if he is otherwise prevented from discharging Party, the said function, appointment shall be made by the Vice-President shall be invited to make President, and if the appointment. If the Vice-President also latter is prevented or if that person is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party Party.
(5) The Chairman of the Tribunal shall be invited to make the appointmenta national of a third country which has diplomatic relations with both Contracting Parties.
5(6) The arbitral tribunal shall reach its decisions taking into account the provisions of this Agreement, the principles of international law on this subject and the generally recognised principles of international law. The Arbitral Tribunal shall reach its decision decisions by a majority of votes, such decision vote and shall be final and binding. determine its procedure.
(7) Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. Parties unless agreed otherwise.
(8) The Tribunal may, however, in its decision direct that a higher proportion decisions of costs the arbitral tribunal shall be borne by one of the two Contracting final and binding on both Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should The Contracting Parties shall as far as possible, settle any dispute arise concerning the interpretation or application or execution of this Agreement the Contracting Parties shall try to settle the dispute amicablythrough consultations or other diplomatic channels.
2. If the dispute canhas not be been settled within six months following the date on which such consultations or other diplomatic channels were requested by either Contracting Party and unless the Contracting Parties otherwise agree in a such manner it shallwriting, upon either Contracting Party may, by written notice to the request of either other Contracting Party, be submitted submit the dispute to an ad hoc Arbitral Tribunal arbitral tribunal in accordance with the following provisions of this Article.
3. The Arbitral Tribunal arbitral tribunal shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The member, and these two arbitrators will choose members shall agree upon a national of a third State whostate with whom both the Contracting Parties have diplomatic relations, on as Chairman of the approval arbitral tribunal to be appointed by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman Such members shall be appointed within two months months, and such Chairman within four months, from the date of appointment of on which either Contracting Party has informed the other two arbitratorsContracting Party that it intends to submit the dispute to an arbitral tribunal.
4. If within the period periods specified in paragraph 3 of this Article above have not been complied with, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on absence of any other arrangement, invite the chairman, a request may be made to the President president of the International Court of Justice to make the appointmentnecessary appointments. If he the President of the International Court of Justice 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 shall be invited to make the appointmentnecessary appointments. If the Vice-President also of the International Court of Justice is a national of either Contracting Party or if he, too, 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 appointment.necessary appointments?
5. The Arbitral Tribunal arbitral tribunal shall reach take its decision by a majority of votes, such . Such decision shall be made in accordance with the provisions of this Agreement and applicable rules of international law and shall be final and bindingbinding on both Contracting Parties. Each contracting Contracting Party shall bear the costs of its own arbitrator and its counsel in the member of the arbitral proceedingstribunal appointed by the Contracting Party, as well as the costs of its representation in the chairman and arbitration proceedings. The expenses of the remaining Chairman as well as any other costs of the arbitration proceedings shall be borne in equal parts by both the two Contracting Parties. The Tribunal However, the arbitral tribunal may, howeverat its discretion, in its decision direct that a higher proportion or all of such costs shall be borne paid by one of the two Contracting Parties. The Arbitral Tribunal In all other respects, the arbitral tribunal shall determine its own procedureprocedures.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute ) The differences that may arise concerning between the Contracting Parties regarding the interpretation or application of this Agreement the Contracting Parties shall try present Agreement, shall, to settle the dispute amicablyextent possible, be settled by direct negotiations.
(2. ) If no agreement could be reached within six months following the dispute cannot be settled in a such manner it shalldate of notification of the difference, upon the request of either Contracting Party, be submitted Party may submit it to an ad Ad- hoc Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be formed by three members and shall be constituted in the following wayas follows: within the term of two months form the date of notification of the receipt of the request for arbitrationarbitration request, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose arbitrators, within the term of forty-five days from the appointment of the last one, shall agree upon a third member who shall be a national of a third State whocountry, on who will chair the approval by the two Contracting Parties, shall act as chairman Tribunal. The appointment of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed approved by the Contracting Parties within two months the term of thirty days from the date of appointment of the other two arbitratorsthat person’s nomination.
(4. If ) If, within the period specified time limits provided for in paragraph 3 (3) of this Article Article, the required appointment has not been made or the required approval has not been given, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a may request may be made to the President of the International Court of Justice to make the necessary appointment. If the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party Party, the appointments shall be made by the Vice-President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentappointments.
(5. ) The Arbitral Tribunal shall reach its decision decisions on the basis of the provisions of this Agreement, the principles of International Law on this subject and the General Principles of Law as recognized by the Contracting Parties. The Tribunal shall reach its decisions by a majority of votes, such decision votes and shall be final and binding. determine its own proceeding rules.
(6) Each contracting Contracting Party shall bear the costs cost of the respective arbitrator and those of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs of the proceedings shall be borne in equal parts by the Contracting Parties unless agreed otherwise.
(7) The decisions of the Arbitral Tribunal shall be final and binding on both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes relating to the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyAgreement, should be settled, if possible, through diplomatic channels.
2. If the dispute canis not be settled in a such manner within six months from the date on which it was raised by either Contracting Party, it shall, upon at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitration tribunal.
3. The Arbitral Tribunal said tribunal shall be constituted in the following wayfor each individual case as follows: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint designate one arbitrator. The member and the two arbitrators will choose members shall designate, by common accord, a national of a third State who, on who shall be appointed President of the approval tribunal by the two both Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman All members shall be appointed within two months from of the date of appointment on which one of the Contracting Parties has notified the other two arbitratorsContracting Party of its intention to submit the dispute to arbitration.
4. If within the period specified time limits laid down in paragraph 3 of this Article above have not been observed, either Contracting Party shall not have appointed its arbitrator or shall, in the two arbitrators shall not have agreed on absence of any other agreement, invite the chairman, a request may be made to the President Secretary-General of the International Court of Justice United Nations to make the appointmentnecessary appointments. If he the Secretary General is a national of either Contracting Party or if if, for some other reason, he is otherwise prevented from discharging the said performing this function, the Vice-President shall be invited to make the appointment. If the Vice-President also 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 most senior Deputy Secretary General who is not a national of either Contracting Party shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Arbitration Tribunal shall reach take its decision decisions by a majority of votes, such decision . Its decisions shall be final and bindingbinding on the Contracting Parties as of law
6. The Tribunal shall itself determine its own rules. It shall interpret the award at the request of either Contracting Party.
7. Each contracting Party shall bear the costs expenses of its own arbitrator and its counsel in advisers for the arbitral proceedings, the costs . The expenses of the chairman and Chairman of the remaining costs Tribunal for his function, as well as the other expenses of the Arbitral Tribunal, shall be borne in equal parts equally by both Contracting Partieseach of the parties. The Tribunal may, however, decide in its decision direct award that a higher greater proportion of the costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal parties, and the award shall determine its own procedurebe binding on both parties.
Appears in 3 contracts
Samples: Investment Protection Agreement, Bilateral Investment Agreement, Bilateral Investment Agreement
Settlement of Disputes between Contracting Parties. (1. Should any ) Any dispute arise between the Contracting Parties concerning the interpretation or application ap- plication of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, as far as possible, be settled with consultation through diplomatic channel.
(2. ) If the a dispute cannot thus be settled in a such manner within six months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
(3) Such tribunal comprises of three arbitrators. The Arbitral Tribunal shall be constituted in the following way: within Within two months of the receipt of the request for written notice requesting arbitration, each Contracting Party shall appoint one arbitratorarbi- trator. The Those two arbitrators will choose shall, within further two months, together select a national of a third State who, on the approval by the two having diplomatic relations with both Contracting Parties, shall act Parties as chairman Chairman of the Tribunal arbitral tribunal.
(hereinafter referred to as "4) If the Chairman"). The Chairman shall be appointed arbitral tribunal has not been constituted within two four months from the date of appointment receipt of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article written notice requesting arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanab- sence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentany necessary appointments. If the Vice-President also is a national of either Contracting Party or is otherwise prevented from discharging the said functionfunctions, the member Member of the International Court of Justice next in seniority who is not a national of either Contracting Con- tracting Party or is not otherwise prevented from discharging the said functions shall be invited to make the appointmentsuch necessary appointments.
(5) The arbitral tribunal shall determine its own procedure. The Arbitral Tribunal arbitral tribunal shall reach its decision award in accordance with the provisions of this Agreement and the principles of international law recognized by both Contracting Parties.
(6) The arbitral tribunal shall reach its award by a majority of votes, such decision . Such award shall be final and bindingbinding upon both Contracting Parties. The arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
(7) Each contracting Contracting Party shall bear the costs of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes arising between the Contracting Parties concerning the interpretation or and application of this Agreement the Contracting Parties shall try to settle the dispute amicably.they settled, if possible, by negotiation,
2. If both Contracting Parties could not reach an agreement within six months from the dispute cannot date of notification of the dispute, it will be settled in a such manner it shall, upon submitted at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal. This tribunal will consist of this Article.
3. The Arbitral Tribunal three members, each Contracting Party shall be constituted in the following way: appoint an arbitrator within two months of receiving the receipt request for arbitration, and these two arbitrators will have to nominate a chairman who shall be a national of a third State, within two months of their appointment,
3. If one Contracting Party has not nominated its arbitrator and has not followed the request of the other Contracting Party to make the appointment within a period of two months from the date of notification of the request for arbitration, each Contracting Party shall appoint one arbitrator. The two arbitrators will choose a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman arbitrator shall be appointed within two months from at the date request of appointment that Party Contracting by the President of the other two arbitratorsInternational Court of Justice.
4. If the two arbitrators can not reach an agreement on electing the president take, within two months of their appointment, he shall be nominated at the period specified in paragraph 3 request of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5. If, a request may be made to in the cases specified in paragraphs 3 and 4 above. the President of the International Court of Justice is unable to make perform this function or is a national of one Contracting Party, the appointment. If appointment will be made by Vice-President, if the latter is unable to act or if he is a national of either one Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice-President shall be invited to make next member the appointment. If the Vice-President also is Court as 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 function and not a national of either one of the two Contracting Party shall be invited Parties will have to make the appointment.
56. The Arbitral Tribunal shall reach its decision president of the arbitral tribunal will have to be a national of a third State with which both Contracting Parties maintain diplomatic relations.
7. The arbitral tribunal will have to adopt by majority a majority of votesdecision. With regard to all other matters, such decision the arbitral tribunal procedure will be established by it.
8. The arbitration award shall be final final, irrevocable and bindingbinding for the Contracting Parties
9. Each contracting Contracting Party shall have to bear the costs of its own arbitrator member and the costs of its counsel representation in the arbitral proceedings, the costs of the chairman ; President expenses and the remaining costs other expenses shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedurecontracting parties.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning 1- Disputes between Contracting Parties regarding the interpretation or application of this Agreement shall be settled through negotiations.
2- If the Contracting Parties shall try to settle cannot reach an agreement within six months from the request for negotiations, the dispute amicably.
2. If the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose shall then agree upon a national of a third State whoState, on the approval to be appointed by the two Contracting Parties, shall act as chairman Parties to be their Chairman.
3- If one of the Tribunal (hereinafter referred Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months from after their appointment, the date chairman shall be appointed upon the request of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5- If, a request may be made to in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function or if he or she is a national citizen of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented from carrying out the said function or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also or she is a national citizen of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national citizen of either Contracting Party shall be invited to make the appointmentParty.
5. 6- The Arbitral Tribunal tribunal shall reach its decision by a majority of votes.
7- The tribunal shall issue its decision on the basis of respect for the law, such decision the provisions of this Agreement, as well as of the universally accepted principles of international law.
8- Subject to other provisions agreed upon by the Contracting Parties concerning the case, the arbitration tribunal shall be final and binding. determine its own procedure.
9- Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its arbitration tribunal may make a different decision direct that a higher proportion of costs shall be borne by one concerning costs. 10- The decisions of the two tribunal are final and binding on both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes between Contracting Parties regarding the interpretation or and application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled by consultation and negotiation through diplomatic channels.
2. If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute cannot be settled in a such manner it between themselves, the latter shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal arbitration tribunal which shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The an arbitrator and these two arbitrators will choose shall nominate a chairman who shall be a national of a third State whoState, on the approval by the two which maintains diplomatic relations with both Contracting Parties, shall act as chairman .
3. If one of the Tribunal (hereinafter referred Contracting parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed within two months from upon the date request of appointment that Contracting Party by the President of the other two arbitratorsInternational Court of Justice.
4. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the period latter shall be appointed upon the request of either Contracting party by the President of the International Court of Justice.
5. If, in the cases specified in paragraph under paragraphs 3 and 4 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanArticle, a request may be made to the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function, or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and If the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
56. Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The Arbitral Tribunal tribunal shall reach its decision decisions by a majority of votes, such decision shall be .
7. The decisions of the tribunal are final and bindingbinding for each Contracting Party.
8. Each contracting Contracting Party shall bear the costs of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, ; the costs of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its decision direct that decide 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. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled through diplomatic channels.
2. If Where the Contracting Parties cannot reach an agreement with twelve months, the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions xxxx arbitral tribunal of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The , and those two arbitrators will choose shall nominate a third arbitrator who shall be a national of a third State who, on with diplomatic relations with the approval Contracting Parties. The third arbitrator shall be appointed by the two Contracting Parties, shall act Parties as chairman the Chairman of the Tribunal (hereinafter referred arbitral tribunal.
3. Where one of the Contracting Parties has not appointed its arbitrator and followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed within two months from upon the date of appointment request of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either latter Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to by the President of the International Court of Justice to make Justice.
4. Where the appointmentChairman of the arbitral tribunal has not been constituted within two months after the appointment of the two arbitrators and in the absence of any other agreement, the Chairman shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice.
5. If he Where in the case specified under paragraph (3) and (4) of this Article, the President of International Court of Justice. Is a national of either Contracting Party or is otherwise prevented from carrying out the said function, the appointment shall be made by the Vice-President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President appointment shall be invited to make made by the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
56. The Arbitral Tribunal arbitral tribunal shall reach determine its decision by a majority of votes, such decision shall be final and bindingprocedure.
7. Each contracting Contracting Party shall bear the costs of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties.
8. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one decisions of the two tribunal are final and biding on the Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, if possible, be settled through negotiations through diplomatic channels.
2. If the Contracting Parties can not resolve any dispute cannot in the above manner within six months of the commencement of the negotiations, this dispute may be settled in a such manner it shall, referred to the arbitral tribunal upon application by you from the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal Party in accordance with the provisions of this Articlearticle.
3. The Arbitral Tribunal arbitral tribunal shall be constituted in the following way: within two months established for each particular case as follows. Each of the receipt Contracting Parties will designate one member of the request for arbitrationcourt, each and the two members of the court will, with the mutual consent of the Contracting Party shall appoint one arbitratorParties, designate the president of the court. The two arbitrators will choose He must be a national citizen of a third State who, on the approval by the two state with which both Contracting Parties, shall act as chairman Parties maintain diplomatic relations. The members of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall court must be appointed within two months, and the chairman - within three months from the date of appointment of notification to you from the other two arbitratorsContracting Parties about her intention to refer the dispute to the arbitration court.
4. If the necessary appointments are not made within the period timeframe specified in paragraph 3 of this Article either article, unless otherwise agreed, the delegation from the Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a Parties may request may be made to the President of the International Court of Justice to make the appointmentnecessary appointments. If he the President of the International Court of Justice is a national of either a State of one of the Contracting Party Parties or if he is otherwise prevented from discharging for other reasons can not perform the said specified function, the Vice-President shall of the International Court of Justice will be invited to make the appointmentnecessary appointments. If the Vice-President also 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 is also a national of a State of one of the Contracting Parties or for other reasons can not perform the specified function, the Member of the International Court, who is not a national of either Contracting Party shall Party, will be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach render its decision by a majority of votes, such . Such a decision shall will be final and bindingbinding on both Contracting Parties. Each contracting Party shall of the Contracting Parties will bear the costs associated with the activities of its own arbitrator appointed member of the court and its counsel representation in the arbitral proceedings, the costs . The expenses of the chairman and of the remaining court, as well as any other costs shall related to the consideration of the dispute, will be borne in equal parts by both divided equally between the Contracting Parties. The Tribunal maycourt, however, in has the right to make a different decision regarding expenses. On all other issues, the court itself determines the rules of its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedurework.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes between Contracting Parties regarding the interpretation or and application ot the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled by consultation and negotiation through diplomatic channels.
2. If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute cannot be settled in a such manner it between themselves, the dispute shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal arbitration tribunal which shall be constituted in the following way: within two months of the receipt of the request for arbitration, each as follows - ' Each Contracting Party Paity shall appoint one arbitrator. The an arbitrator and these two arbitrators will choose shall nominate a chairman who shall be a national of a third State whoState, on the approval by the two which maintains diplomatic relations with both Contracting Parties, shall act as chairman .
3. If one of the Tribunal (hereinafter referred Contracting Parties has not appointed its arbitrator and has not followed The invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed within two months from upon the date request of appointment that Contracting Party by the President of the other two arbitrators.International Court of Justice..
4. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the period specified in paragraph 3 latter shall be appointed upon the request of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5. If, a request may be made to in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function, or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
56. Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The Arbitral Tribunal tribunal shall reach its decision decisions by a majority of votes, such decision shall be final .
7. The decisions of the tribunal are f nal and bindingbinding for each Contracting Party.
8. Each contracting Contracting Party shall bear the costs of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, ; the costs of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its decision direct decide 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. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. (1. ) Should any dispute disputes arise concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablythem by negotiations.
(2. ) If the dispute disputes cannot be so settled in a such manner it they shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be constituted in the following way: within two three months of from the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The two arbitrators will choose shall then select a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman Chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two three months from the date of appointment of the other two arbitrators.
(4. ) If within the period specified in paragraph 3 Paragraph (3) of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanChairman, a request may be made to the President of the International Court of Justice to make the appointment. If he is happens to be a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President Vice_President also is happens to be 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 appointment.
(5. ) The Arbitral Tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and binding. Each contracting Contracting Party shall bear the costs cost of its own arbitrator and its counsel in the arbitral proceedings, ; the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal tribunal shall determine its own procedureprocedures.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, as far as possible, be settled by consultation and negotiations through diplomatic channel.
2. If the a dispute cannot thus be settled in a such manner within nine months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal Such ad hoc arbitral tribunal shall be constituted in the following way: within comprise of three arbitrators. Within two months of from the receipt of date on which either Contracting Party receives the request written notice requesting for arbitrationarbitration from the other Contracting Party, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose shall, within four months from such date, agree upon a national of a third State who, on state which has diplomatic relations with both Contracting Parties as their Chairman.
4. If the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed aarbitral tribunal has not been constituted within two four months from the date of appointment the receipt of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article written notice for arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointment(s). If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the next most senior 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 appointmentnecessary appointment(s).
5. The Arbitral Tribunal arbitral tribunal shall determine its own procedure. The tribunal shall reach its decision award in accordance with the provisions of this Agreement and the principles of international law recognised by both Contracting Parties.
6. The tribunal shall reach its award by a majority of votes, such decision . Such award shall be final and bindingbinding on both Contracting Parties. The ad hoc arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
7. Each contracting Contracting Party shall bear the costs cost of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs arbitral tribunal shall be borne free to make an alternative provision concerning costs.
8. The arbitral tribunal shall hold meetings in a neutral state to be mutually agreed by one of the two both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Settlement of Disputes between Contracting Parties. (1. Should ) The Contracting Parties shall endeavour to settle amicable any dispute arise concerning the interpretation or application and implementation of this Agreement the Contracting Parties shall try to settle the dispute amicablyby negotiations through diplomatic channels.
(2. ) If the dispute difference cannot thus be settled in a such manner it shallwithin six months following the date of notification of the difference, upon the request of either Contracting Party, be submitted Party may submit it to an ad ad- hoc Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be formed by three members and shall be constituted in the following wayas follows : within two months of the receipt of written notification by a Contracting Party requesting for arbitration from the request for arbitrationother Contracting Party, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose members shall then, within thirty days of the appointment of the last one, agree upon a third member who shall be a national of a third State who, on the approval by the two Contracting Parties, country and who shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Contracting Parties shall appoint the Chairman shall be appointed within two months from the date thirty days of appointment of the other two arbitratorsthat persons nomination.
(4. If ) If, within the period specified time limits provided for in paragraph 3 (2) and (3) of this Article the required appointment has not been made or the required approval has not been given, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a may request may be made to the President of the International Court of Justice to make the necessary appointment. If he the President of the International Court of Justice is prevented from carrying out the said function or if that person is a national of either Contracting Party Party, the appointment shall be made by the Vice- President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also that person is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party Party.
(5) The Chairman of the Tribunal shall be invited to make the appointmenta national of a third country which has diplomatic relations with both Contracting Parties.
5(6) The arbitral tribunal shall reach its decisions taking into account the provisions of this Agreement, the principles of international law on this subject and the generally recognised principles of international law. The Arbitral Tribunal shall reach its decision decisions by a majority of votes, such decision vote and shall be final and binding. determine its procedure.
(7) Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. Parties unless agreed otherwise.
(8) The Tribunal may, however, in its decision direct that a higher proportion decisions of costs the arbitral tribunal shall be borne by one of the two Contracting final and binding on both Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes between Contracting Parties regarding the interpretation or and application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled by consultations and negotiations through diplomatic channels.
2. If It both Contracting Parties cannot reach an agreement within six months alter the beginning of the dispute cannot be settled in a such manner it between themselves, the latter shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal arbitration tribunal which shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The an arbitrator and these two arbitrators will choose shall nominate a chairman w ho shall be a national of a third State whoState, on the approval by the two which maintains diplomatic reunions with both Contracting Parties, shall act as chairman Parlies.
3. If one of the Tribunal (hereinafter referred Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed within two months from upon the date request of appointment that Contracting Party by the President of the other two arbitratorsInternational Court of Justice.
4. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the period specified in paragraph 3 latter shall be appointed upon the request of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5. If, a request may be made to in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function, or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
56. The Arbitral Tribunal tribunal shall determine its procedure and shall reach its decision decisions by a majority of votes, such decision shall be .
7. The decisions of the tribunal are final and bindingbinding for each Contracting Party.
8. Each contracting Contracting Party shall bear the costs of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, ; the costs of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its decision direct decide 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. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiations between the Contracting Parties shall try to settle the dispute amicablyParties.
2. If a dispute between the dispute Contracting Parties cannot thus be settled in a such manner within six months after the beginning of negotiations, it shall, shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal Such an arbitral tribunal shall be constituted for each individual case in the following way: within two Within three months of from the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The Those two arbitrators will choose members shall then select a national of a third State who, who on the approval by the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsmembers.
4. If within the period periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or if he also 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 appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach its decision on the basis of the provisions of the present Agreement concluded between the Contracting Parties as well as the generally accepted principles and rules of international law. The arbitral tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties. The tribunal determines its own procedure.
6. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Bilateral Investment Treaty, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should The Contracting Parties shall, as far as possible, settle any dispute arise concerning the interpretation or application or execution of this Agreement the Contracting Parties shall try to settle the dispute amicablythrough consultations or other diplomatic channels.
2. If the dispute canhas not be been settled within six months following the date on which such consultations or other diplomatic charnels were requested by either Contracting Party and unless the Contracting Parties otherwise agree in a such manner it shallwriting, upon either Contracting Party may, by written notice to the request of either other Contracting Party, be submitted submit the dispute to an ad hoc Arbitral Tribunal arbitral tribunal in accordance with the following provisions of this Article.
3. The Arbitral Tribunal arbitral tribunal shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each cach Contracting Party shall appoint one arbitrator. The member, and these two arbitrators will choose members shall agree upon a national of a third State whostale with whom both the Contracting Parties have diplomatic relations, on the approval by the two Contracting Partiesas Chairman within four months, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of on which either Contracting Party has informed the other two arbitratorsContracting Party that it intends to submit the dispute to an arbitral tribunal.
4. If within the period periods specified in paragraph 3 of this Article above have not been complied with, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on absence of any other arrangement, invite the chairman, a request may be made to the President president of the International Court of Justice to make the appointmentnecessary appointments. If he the President is a national of either Contracting Party or is otherwise prevented from discharging the said fiction, the Vice- President shall be invited to make the necessary appointments. If the Vice-President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionhe, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or too, 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 State shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach take its decision by a majority of votes, such . Such decision shall be made in accordance with the provisions of this Agreement and applicable rules of international Jaw and shall be final and bindingbinding on both Contracting Parties. Each contracting Contracting Party shall bear the costs of its own arbitrator and its counsel in the member of the arbitral proceedingstribunal appointed by the Contracting Party, as well as the costs of its representation in the chairman and arbitration proceedings. The expenses of the remaining Chairman as well as any other costs of the arbitration proceedings shall be borne in equal parts by both the two Contracting Parties. The Tribunal However, the arbitral tribunal may, howeverar its discretion, in its decision direct that a higher proportion or ell of such costs shall be borne paid by one of the two Contracting Parties. The Arbitral Tribunal In all other respects, the arbitral tribunal shall determine its own procedure.procedures,
Appears in 2 contracts
Samples: Investment Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should The Contracting Parties shall, as far as possible, settle any dispute arise concerning the interpretation or application or execution of this Agreement the Contracting Parties shall try to settle the dispute amicablythrough consultations or other diplomatic channels.
2. If the dispute canhas not be been settled within six months following the date on which such consultations or other diplomatic channels were requested 'by either Contracting Party and unless the Contracting Parties otherwise agree in a such manner it shallwriting, upon either Contracting Party may, by written notice to the request of either other Contracting Party, be submitted submit the dispute to an ad hoc Arbitral Tribunal arbitral tribunal in accordance with the following provisions of this Article.
3. The Arbitral Tribunal arbitral tribunal shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The member, and these two arbitrators will choose members shall agree upon a national of a third State whostate with whom both the Contracting Parties have diplomatic relations, on as Chairman of the approval arbitral tribunal to be appointed by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman Such members shall be appointed within two months months, and such Chairman within four months, from the date of appointment of on which either Contracting Party has informed the other two arbitratorsContracting Party that it intends to submit the dispute to an arbitral tribunal.
4. If within the period periods specified in paragraph 3 of this Article above have not been complied with, either Contracting Party shall not have appointed its arbitrator or party may, in the two arbitrators shall not have agreed on absence of any other arrangement, invite the chairman, a request may be made to the President president of the International Court of Justice to make the appointmentnecessary appointments. If he the President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President president of the International Court of Justice shall be invited to make the appointmentnecessary appointments. If the Vice-President also Vice -President of the International Court of Justice is a national of either Contracting Party or if he, too, 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 State shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach take its decision by a majority of votes, such . Such decision shall be made in accordance with the provisions of this Agreement and applicable rules of international law and shall be final and bindingbinding on both contracting Parties. Each contracting Contracting Party shall bear the costs of its own arbitrator and its counsel in the member of the arbitral proceedingstribunal appointed by the Contracting Party, as well as the costs of its representation in the chairman and arbitration proceedings. The expenses of the remaining Chairman as well as any other costs of the arbitration proceedings shall be borne in equal parts by both the two Contracting Parties. The Tribunal However, the arbitral tribunal may, howeverat its discretion, in its decision direct that a higher proportion or all of such costs shall be borne paid by one of the two Contracting Parties. The Arbitral Tribunal In all other respects, the arbitral tribunal shall determine its own procedureprocedures.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute arise ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultation or negotiation.
(2) If a dispute between the Contracting Parties shall try to settle the dispute amicably.
2. If the dispute cannot thus be settled in a such manner within six months, it shall, upon shall at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
(3. The Arbitral Tribunal shall ) Such an arbitral tribunal shah be constituted in the following way: within two months of the receipt of the request for arbitration, each individual case as follows
(a) each Contracting Party shall appoint one arbitrator. The member, and these two arbitrators will choose members shall then select a national of a third State who, who on the approval by the two Contracting Parties, shall act as chairman Parties xxxx be appointed Chairman of the Tribunal tribunal;
(hereinafter referred to as "b) the Chairman"). The Chairman said members shall be appointed within two months three months, and the Chairman within four months, from the date of appointment of on which either Contracting Party shall have informed the other two arbitratorsContracting Party that it proposes to submit the dispute to an arbitral tribunal.
(4. If ) If, within the period periods specified in paragraph 3 of this Article Article, the necessary appointments have not been made, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other relevant agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall xxxx be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or or' if he, too, 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 appointmentnecessary appointments.
5. (a) The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and binding. Each contracting Party shall bear binding on both Parties.
(b) Subject to the costs power of the arbitral tribunal to give a different ruling concerning costs, the colt of its own arbitrator member and of its counsel representation in the arbitral proceedings, proceedings shall be borne by each Contracting Party and the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal .
(c) In all respects other than those specified in subparagraphs (a) and (b) of this paragraph, the arbitral tribunal shall determine its own procedure.
Appears in 2 contracts
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through the Contracting Parties shall try to settle the dispute amicablydiplomatic channel.
2. If a dispute between the dispute Contracting Parties cannot thus be settled in a such manner within six months, it shall, shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal Such an arbitral tribunal shall be constituted for each individual case in the following way: within . Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The Those two arbitrators will choose members shall then select a national of a third State who, who on the approval by the two Contracting Parties, Parties shall act as be appointed chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman chairman shall be appointed within two months from the date of the appointment of the other two arbitratorsmembers.
4. If within the period periods specified in paragraph 3 of this Article article the necessary appointments have not been made, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national of either Contracting Party or if he too is otherwise prevented from discharging the said function, the Vice-President of the International Court of Justice shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party Party, or if he 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 and who is not prevented from discharging the said function shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall establish its own rules of procedure and shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on the two Contracting Parties. Each contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs The cost of the chairman and the remaining costs members of the tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties, and this award shall be binding on the two Contracting Parties. The Arbitral Tribunal If one Contracting Party or its competent authority makes a payment of compensation to an investor under an indemnity given in respect of investments of any investor of the other Contracting Party, the former Contracting Party or its competent authority shall determine its own procedureacquire by virtue of subrogation the rights available to the previous investor under this Agreement.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, as far as possible, be settled with consultation through diplomatic channels.
2. If the a dispute cannot thus be settled in a such manner within six months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal shall be constituted in the following way: within Such tribunal comprises of three arbitrators. Within two months of from the receipt of date on which either Contracting Party receives the request written notice requesting for arbitrationarbitration from the other Contracting Party, each Contracting Party shall appoint one arbitrator. The Those two arbitrators will choose shall, within further two months together select a third arbitrator who is a national of a third State who, on which has diplomatic relations with both Contracting Parties as Chairman of the approval arbitral tribunal. The third arbitrator shall be appointed by the two Contracting Parties, shall act Parties as chairman Chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsarbitral tribunal.
4. If the arbitral tribunal has not been constituted within four months from the period specified in paragraph 3 receipt of this Article the written notice requesting arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make appoint the appointment. If he is a national of either Contracting Party arbitrator(s) who has or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmenthave not yet been appointed. If the Vice-President also is a national of either Contracting Party or is otherwise prevented from discharging the said function, function the next most senior 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 appointmentnecessary appointment(s).
5. The Arbitral Tribunal arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles recognized by both Contracting Parties.
6. The arbitral tribunal shall reach its decision by a majority of votes, such decision . Such award shall be final and bindingbinding upon both Contracting Parties. The ad-hoc arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its decision.
7. Each contracting Contracting Party shall bear the costs of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled as far as possible, amicably through negotiations.
2. If In the event that such a dispute canbetween the contracting parties is not permitted under paragraph 1 of this Article within a period of six months from the date of commencement of negotiations, it may be settled in a such manner it shall, upon submitted at the written request of either Contracting Party, be submitted Party for settlement to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitration court.
3. The Arbitral Tribunal Such an arbitral tribunal shall be constituted for each individual case in the following way: within two Within three months of the receipt of the a request for arbitration, each Contracting Party shall appoint one arbitrator. The member of the tribunal; then these two arbitrators members will choose a national of elect a third State whomember from a country maintains diplomatic relations with each Contracting Party, on the which after approval by the two of both Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsmembers.
4. If within the period under time limits specified in paragraph 3 of this Article either Contracting Party shall the necessary appointments are not have appointed its arbitrator or made, each contracting party, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments. If he the President is a national citizen of either Contracting Party or if he / she is unable otherwise prevented from discharging the said to fulfill this function, the Vice-Vice President shall will be invited to make the appointmentnecessary appointments. If the Vice-Vice President also is a national citizen of either Contracting Party or if he / she is prevented from discharging the said unable to perform this function, the member next most senior Member of the International Court of Justice next in seniority who is not a national citizen of either Contracting Party shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority based on the provisions of votesthis Agreement, such decision shall be final and binding. Each contracting Party shall bear the costs based on generally accepted principles and norms of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Partiesinternational law. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal court shall determine its own procedure.
6. The arbitral tribunal shall reach its decision by majority vote. This decision will be final and binding on both Parties.
7. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral process. The costs of the Chairman and other costs shall be borne equally by the Contracting Parties.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshould, if possible, be settled by consultations and negotiations through diplomatic channels.
2. If a dispute between the dispute Contracting Parties cannot be settled in a such manner it shallaccordance with paragraph 1 of this Article within six months from the date of request for settlement, the dispute shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Articlethree members.
3. The Arbitral Tribunal Such arbitral tribunal shall be constituted for each individual case in the following way: within two . Within three months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The Those two arbitrators will choose members shall then select a national of a third State who, who on the approval by the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman shall be appointed within two three months from the date of appointment of the other two arbitratorsmembers.
4. If within the period periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or if he too is prevented from discharging the said function, the member 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 appointmentnecessary appointments.
5. The Arbitral Tribunal tribunal shall determine its own procedure.
6. The arbitral tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties.
7. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, ; the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal 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.
8. The Arbitral Tribunal A dispute shall determine its own procedurenot be submitted to an international arbitral tribunal under the provisions of this Article, if the same dispute has been brought before another international arbitration court under the provisions of Article 8 and is still before the court. This will not impair the possibility of dispute settlement in accordance with paragraph 1 of this Article.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled, as far as possible, through friendly consultations by both parties through diplomatic channels.
2. If the dispute such disputes cannot be settled within twelve (12) months or within such other reasonable time as the Contracting Parties may agree in a such manner it shallwriting, upon from the request of date on which either Contracting Party informs in writing the other Contracting Party, such disputes shall be submitted for settlement to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articleinternational arbitral tribunal.
3. The Arbitral Tribunal above mentioned ad hoc international arbitral tribunal shall be constituted in the following wayestablished as follows: within two months The arbitral tribunal is composed of the receipt of the request for arbitration, each three arbitrators. Each Contracting Party shall appoint one arbitrator. The , the two arbitrators will choose shall propose by mutual agreement the third arbitrator who is a national of a third State who, on the approval by the two which has diplomatic relations with both Contracting Parties, and the third arbitrator shall act be appointed as chairman Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal by both Contracting Parties. The Chairman shall be appointed within two months sixty (60) days from the date of appointment of the other two arbitratorsmembers.
4. If the appointments of the members of the Arbitral Tribunal are not made within a period of six months from the period specified in paragraph 3 date of this Article request for arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any court arrangement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments within three months. If he is Should the President be a national of either one Contracting Party or if should he is otherwise prevented from discharging the said functionnot be able to perform this designation because of any other reasons, this task shall be entrusted to the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member of the International Court, or to the next senior Judge of the Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
5. The Arbitral Tribunal shall reach determine its decision own procedure. The Arbitral Tribunal shall decide its award by a majority of votes, such decision shall be . Such award is final and bindingbinding upon the Contracting Parties.
6. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the panel and its counsel representation in the arbitral Arbitral Tribunal proceedings, the . The costs of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Double Taxation Avoidance Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning 1 — Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement the shall be settled amicably through diplomatic channels.
2 — If both Contracting Parties shall try to settle cannot reach an agreement within six months from the start of the negotiations, the dispute amicably.
2. If the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The , and these two arbitrators will choose shall nominate a chairman who shall be a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman State.
3 — If one of the Tribunal (hereinafter referred Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4 — If both arbitrators cannot reach an agreement about the choice of the chairman within two months from after their appointment, the date latter shall be appointed upon the request of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5 — If, a request may be made to in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented from carrying out the said function or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
5. 6 — The Arbitral Tribunal tribunal shall reach its decision by a majority of votes.
7 — The tribunal shall issue its decision on the basis of respect for the law, such decision the provisions of this Agreement, as well as of the universally accepted principles of international law.
8 — Subject to other provisions made by the Contracting Parties, the tribunal shall be final and binding. determine its procedure.
9 — Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that arbitration tribunal may make a higher proportion of costs shall be borne by one different regulation concerning costs.
10 — The decisions of the two tribunal are final and binding for each Contracting Parties. The Arbitral Tribunal shall determine its own procedureParty.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshould, if possible, be settled by consultations and negotiations through diplomatic channels.
2. If a dispute between the dispute Contracting Parties cannot be settled in a such manner it shallaccordance with paragraph 1 of this Article within six months from the date of request for settlement, the dispute shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Articlethree members.
3. The Arbitral Tribunal Such arbitral tribunal shall be constituted for each individual case in the following way: within . Within two months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The Those two arbitrators will choose members shall then select a national of a third State who, who on the approval by the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsmembers.
4. If within the period periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or if he too is prevented from discharging the said function, the member 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 appointmentnecessary appointments.
5. The Arbitral Tribunal tribunal shall determine its own procedure.
6. The arbitral tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties.
7. Each contracting Contracting Party shall bear the costs of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, ; the costs of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal 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 decision shall be binding on both Contracting Parties.
8. The Arbitral Tribunal A dispute shall determine its own procedurenot be submitted to an international arbitral tribunal under the provisions of this Article, if the same dispute has been brought before another international arbitration court or tribunal under the provisions of Article 9 and is still pending before the court or tribunal. This will not impair the possibility of dispute settlement in accordance with paragraph 1 of this Article.
9. Issues subject to dispute referred to in paragraph 1 of this Article shall be decided in accordance with the provisions of this Agreement and the generally recognised principles of international law.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute arise ) Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall be settled, as far as possible, through friendly consultation by the Contracting Parties shall try to settle the dispute amicablythrough diplomatic channels.
(2. ) If the dispute such disputes cannot be settled within three months from the date on which either Contracting Party informs in a such manner it writing the other Contracting Party, they shall, upon the request of either Contracting Party, be submitted for settlement to an ad hoc Arbitral Tribunal arbitral tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal arbitral tribunal shall be constituted in the following way: within . Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The two arbitrators will choose members shall then select a national of a third State who, on the approval by the two Contracting Parties, who shall act as chairman of the Tribunal Chairman (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two three months from the date of appointment of the other two arbitratorsmembers.
(4. ) If within the period periods specified in paragraph 3 (3) of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanChairman, a request may be made to the President of the International Court of Justice to make the appointment. If he is happens to be a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is happens to be 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 appointment.
(5. ) The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and binding. Each contracting Contracting Party shall bear the costs cost of its own arbitrator and its counsel in the arbitral proceedings, proceeding; the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal arbitral tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute arise ) Disputes between the Contracting Party concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels.
(2) If a dispute between the Contracting Parties shall try to settle the dispute amicably.
2. If the dispute Party cannot thus be settled in a such manner within 6 months, it shall, shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this ArticleTribunal.
(3. The ) Such an Arbitral Tribunal shall be constituted for each individual case in the following Following way: within two Within 2 months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator1 member of the Tribunal. The two arbitrators will choose Those 2 Members shall Then select a national of a third State who, on the who an approval by the two Contracting Parties, shall act as chairman Parties Shall be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")Tribunal. The Chairman shall be appointed within two 2 months from the date of appointment of the other two arbitrators2 members.
(4. ) If within the period periods specified in paragraph 3 of this Article the necessary appointment have not been made, either Contracting Party shall not have appointed its arbitrator or may , in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vicevice-President also is a national of either Contracting Party or if he too, 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 appointmentnecessary appointments.
(5. The Arbitral Tribunal shall reach its decision by a majority of votes, such decision shall be final and binding. Each contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. ) The Arbitral Tribunal shall determine its own procedure. The tribunal shall reach its decision in accordance with the provisions of this Agreement an generally accepted principles of international law. The Tribunal shall reach its award by a majority of voted,. Such award shall be final and binding on both Contracting Parties. The Tribunal shall, upon the request of either Contracting Party, explain the basis of its award.
(6) Each Contracting Party shall bear the cost of its appointed arbitrator. The relevant costs of the Chairman and the Tribunal shall be borne in equal parts by the Contracting Parties.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should The Contracting Parties shall consult promptly through diplomatic channel, upon request by either Contracting Party, to resolve any dispute arise concerning in connection with this Agreement, or to discuss any matter relating to the interpretation or application of this Agreement or to the Contracting Parties shall try to settle the dispute amicablyrealisation of The objectives of this Agreement.
2. If the a dispute cannot thus be settled in a such manner within six months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal shall be constituted in the following way: within Such tribunal comprises of three arbitrators. Within two months of the receipt of the request for written notice requesting arbitration, each Contracting Party shall appoint one arbitrator. The Those two arbitrators will choose shall, within further two months, together select a national of a third State who, on the approval by the two having diplomatic relations with both Contracting Parties, shall act Parties as chairman Chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsarbitral tribunal.
4. If the arbitral tribunal has not been constituted within four months from the period specified in paragraph 3 receipt of this Article the written notice requesting arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentany necessary appointments. If the Vice-President also is a national of either Contracting Party or is otherwise prevented from discharging the said functionfunctions, the member Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said functions shall be invited to make the appointmentsuch necessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Contracting Parties.
6. The arbitral tribunal shall reach its decision by a majority of votes, such . The arbitration decision shall be made within ten months from the date of constitution of the arbitral tribunal. Such award shall be final and bindingbinding upon both Contracting Parties. The arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
7. Each contracting Contracting Party shall bear the costs of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, if possible, be settled through consultations or diplomatic channels.
2. If the any dispute cannot be settled in a such manner within six (6) months from the date of request for settlement, it shall, upon at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Such an Arbitral Tribunal shall be constituted for each individual case in the following way: within Within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the Tribunal. The These two arbitrators will choose members shall then select a national of a third State whoState, who on the approval by of the two Contracting Parties, Parties shall act as chairman be appointed Chairperson of the Tribunal (hereinafter referred to as "the Chairman")Tribunal. The Chairman Chairperson shall be appointed within two (2) months from the date of the appointment of the other two arbitratorsmembers.
4. If the necessary appointments have not been made within the period periods specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanArticle, a request may be made by either Contracting Party to the President of the International Court of Justice to make the appointmentsuch appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-Vice- President shall be invited to make the appointmentappointments. If the Vice-President is also is a national of either Contracting Party or is prevented from discharging the said function, the member member, next in seniority, of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentappointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties.
6. The Arbitral Tribunal shall determine its own procedure.
7. Each contracting Contracting Party shall bear the costs of its own arbitrator and its counsel representation in the arbitral proceedings, the . The costs of the chairman Chairperson and the any remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled amicably through consultations between the Contracting Parties shall try to settle the dispute amicablyParties.
2. If the dispute cannot be settled in within a such manner period of six months following the date on which written notice of the dispute has been received by one party from the other party to the dispute, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal arbitral tribunal shall be constituted in the following way: within comprise three arbitrators. Within a period of two months from the date on which either Contracting Party received written notice of the receipt of the request for arbitrationarbitration from the other Contracting Party, each Contracting Party shall appoint one arbitrator. The two arbitrators will choose shall, within a further period of two months, together select a third arbitrator who is a national of a third State who, on the approval which has diplomatic relations with both Contracting Parties. The third arbitrator shall be appointed by the two Contracting Parties, shall act Parties as chairman Chairman of the Tribunal (hereinafter referred to as "arbitral tribunal.
4. If the Chairman"). The Chairman shall be appointed arbitral tribunal has not been constituted within two a period of four months from the date of appointment the receipt of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article written notice for arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make appoint the appointmentarbitrator(s) who has or have not yet been appointed. If he the President of the Court is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the next most senior member of the International Court of Justice next in seniority who is not a national of either Contracting Party Party, shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall determine its own procedure. The tribunal shall reach its decision in accordance with the provisions of this Agreement and the principles of international law recognised by both Contracting Parties.
6. The tribunal shall reach its decision by a majority of votes, such . The decision shall be final and bindingbinding on both Contracting Parties. The tribunal shall, upon the request of either Contracting Party, explain the reasons for its decision.
7. Each contracting Contracting Party shall bear the costs of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, if possible, be settled through consultations or diplomatic channels.
2. If the any dispute cannot be settled in a such manner within six (6) months, it shall, upon at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Such an Arbitral Tribunal shall be constituted for each individual case in the following way: within Within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the Tribunal. The These two arbitrators will choose members shall then select a national of a third State whoState, who on the approval by of the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")Tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two arbitratorsmembers.
4. If the necessary appointments have not been made within the period periods specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanArticle, a request may be made by either Contracting Party to the President of the International Court of Justice to make the appointmentsuch appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-Vice- President shall be invited to make the appointmentappointments. If the Vice-President is also is a national of either Contracting Party or is prevented from discharging the said function, the member member, next in seniority, of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentappointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties.
6. The Arbitral Tribunal shall determine its own procedure.
7. Each contracting Contracting Party shall bear the costs of its own arbitrator and its counsel representation in the arbitral proceedings, the . The costs of the chairman Chairman and the any remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled through diplomatic channels.
2. If such a dispute between the dispute canContracting Parties can not be settled in a such this manner within six months after the beginning of the negotiations, it shall, may be submitted to an Arbitral Tribunal upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Such an Arbitral Tribunal tribunal shall be constituted for each particular case in the following way: within two three months of the receipt of after the request for arbitrationarbitration has been received, each Contracting Party shall appoint one arbitratormember of the Arbitral Tribunal. The These two arbitrators will choose members shall nominate a Chairman, a national of a third State whoState, who on the approval by the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")Arbitral Tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsmembers.
4. If within the period specified in paragraph 3 of this Article the necessary appointment have not been made, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice in the Hague to make the any necessary appointment. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-Vice- President shall be invited to make the necessary appointment. If the Vice-President also is a national of either Contracting Party or if he is prevented from discharging the said same function, the member Member of the International international Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointment.
5. The Arbitral Tribunal shall reach its decision on the basis of the provisions of the present Agreement as well as the generally accepted principles and rules of international law. The tribunal determines its own procedure.
6. The Arbitral Tribunal shall reach its decision by a majority of votes, such . Such a decision shall be final and bindingbinding on both Contracting Parties.
7. Each contracting Contracting Party shall bear the costs of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, the . The costs of the chairman Chairman and the remaining costs shall be borne by the Contracting Parties in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Partiesparts. The Arbitral Tribunal shall determine its own proceduremay make a different regulation concerning costs.
Appears in 2 contracts
Samples: Mutual Promotion and Protection of Investments Agreement, Mutual Promotion and Protection of Investments Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning 1- Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement the shall be settled amicably through diplomatic channels.
2- If both Contracting Parties shall try to settle cannot reach an agreement within six months from the start of the negotiations, the dispute amicably.
2. If the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The , and these two arbitrators will choose shall nominate a chairman who shall be a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman State.
3- If one of the Tribunal (hereinafter referred Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months from after their appointment, the date latter shall be appointed upon the request of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5- If, a request may be made to in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented from carrying out the said function or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
5. 6- The Arbitral Tribunal tribunal shall reach its decision by a majority of votes.
7- The tribunal shall issue its decision on the basis of respect for the law, such decision the provisions of this Agreement, as well as of the universally accepted principles of international law.
8- Subject to other provisions made by the Contracting Parties, the tribunal shall be final and binding. determine its procedure.
9- Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that arbitration tribunal may make a higher proportion of costs shall be borne by one different regulation concerning costs. 10- The decisions of the two tribunal are final and binding for each Contracting Parties. The Arbitral Tribunal shall determine its own procedureParty.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, if possible, be settled through consultations or diplomatic channels.
2. If the any dispute cannot be settled in a such manner within one hundred and eighty (180) days from the date of request for settlement, it shall, upon at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Such an Arbitral Tribunal shall be constituted for each individual case in the following way: within two months Within sixty (60) days from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the Tribunal. The These two arbitrators will choose members shall then select a national of a third State who, on who shall be appointed as a Chairperson of the Tribunal upon approval by of the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman Chairperson shall be appointed within two months sixty (60) days from the date of the appointment of the other two arbitratorsmembers.
4. If the necessary appointments have not been made within the period periods specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanArticle, a request may be made by either Contracting Party to the President of the International Court of Justice to make the appointmentsuch appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentappointments. If the Vice-President is also is a national of either Contracting Party or is prevented from discharging the said function, the member member, next in seniority, of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentappointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties.
6. The Arbitral Tribunal shall determine its own procedure.
7. Each contracting Contracting Party shall bear the costs of its own arbitrator and its counsel representation in the arbitral proceedings, the . The costs of the chairman Chairperson and the any remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should The Contracting Parties shall, as soon as possible, resolve any dispute arise concerning arising out of the interpretation or application implementation of this Agreement the Contracting Parties shall try to settle the dispute amicablythrough consultations or other diplomatic means.
2. If the dispute canhas not be settled in a such manner it shall, upon been resolved within six months from the date of the request for such consultations or other diplomatic procedures requested by each of either the Contracting Parties, and the Contracting Parties have not agreed otherwise in writing, each Contracting Party may, at the time of submission, further notify to the Contracting Party, be submitted that it will refer the dispute to an ad hoc Arbitral Tribunal in accordance with arbitral tribunal based on the provisions of this Articlearticle.
3. The Arbitral Tribunal shall arbitral tribunal will be constituted convened in the following waymanner: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The will elect a member of the Tribunal and the two arbitrators members will choose agree on a third-country national as the President of a third State who, on the approval Court of Arbitration appointed by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall These members must be appointed elected within two months and the chairman must be elected within four months from the date of appointment of on which each Contracting Party to the other two arbitratorsContracting Party notifies its decision to refer the dispute to the arbitral tribunal.
4. If within the period specified periods set out in paragraph 3 (3) above are not met, each Contracting Party, in the absence of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanany other agreement, a request may be made to invites the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentappointments. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member of the International Court of Justice is a national of one of the Contracting Party or otherwise refuses to perform its task, to call on the Vice- President of the International Court of Justice to carry out the necessary appointments. If the Vice- President of the International Court of Justice is also a national of one of the Contracting Parties or he also fails to perform his duty, the next in seniority Senior Judge of the International Court of Justice, who is not a national of either Contracting Party shall Party, will be invited called on to make the appointmentnecessary appointments.
5. The Arbitral Tribunal shall reach its decision arbitral tribunal will decide by a majority of votes, such decision shall . These decisions will be made in accordance with this Agreement and the rules of international law that may be applicable and will be final and bindingbinding on both Contracting Parties. Each contracting Contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, pay the costs of the chairman arbitration tribunal designated by that Contracting Party as well costs of representation in the course of arbitration. The costs of the boss and other costs of the remaining costs arbitration proceedings shall be borne in equal parts equally paid by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral However, the arbitral tribunal may, at its discretion, determine that more or all of these costs are paid by one of the Contracting Parties. In all other cases, the Tribunal shall will determine its own procedurerules of procedure and the place of arbitration.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, as far as possible, be settled by consultation and negotiations through diplomatic channel.
2. If the a dispute cannot thus be settled in a such manner within nine months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal Such ad hoc arbitral tribunal shall be constituted in the following way: within comprise of three arbitrators. Within two months of from the receipt of date on which either Contracting Party receives the request written notice requesting for arbitrationarbitration from the other Contracting Party, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose shall, within four months from such date, agree upon a national of a third State who, on state which has diplomatic relations with both Contracting Parties as their Chairman.
4. If the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed aarbitral tribunal has not been constituted within two four months from the date of appointment the receipt of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article written notice for arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointment(s). If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the next most senior member of the International Court of Justice next in seniority justice who is not a national of either Contracting Party shall be invited to make the appointmentnecessary appointment(s).
5. The Arbitral Tribunal arbitral tribunal shall determine its own procedure. The tribunal shall reach its decision award in accordance with the provisions of this Agreement and the principles of international law recognised by both Contracting Parties.
6. The tribunal shall reach its award by a majority of votes, such decision . Such award shall be final and bindingbinding on both Contracting Parties. The ad hoc arbitral tribunal shall, upon the request of either Contracting party, explain the reasons of its award.
7. Each contracting Contracting Party shall bear the costs cost of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs arbitral tribunal shall be borne free to make an alternative provision concerning costs.
8. The arbitral tribunal shall hold meetings in a neutral state to be mutually agreed by one of the two both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled through diplomatic channels.
2. If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute cannot be settled in a such manner it between themselves, the latter shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The arbitrator and these two arbitrators will choose shall nominate a chairman who shall be a national of a third State who, on the approval by the two which has a diplomatic relation with both Contracting Parties, shall act as chairman .
3. If one of the Tribunal (hereinafter referred Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed within two months from upon the date request of appointment that Contracting Party by the President of the other two arbitratorsInternational Court of justice.
4. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the period specified in paragraph 3 latter shall be appointed upon the request of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5. If, a request may be made to in the cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
56. The Arbitral Tribunal Subject to other provisions made by the Contracting Parties, the tribunal shall reach determine its decision by a majority of votes, such decision shall be final and bindingown procedure.
7. Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties.
8. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one decisions of the two tribunal are final and binding for each Contracting Parties. The Arbitral Tribunal shall determine its own procedureParty.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning 1- Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement the shall be settled through diplomatic channels.
2- If both Contracting Parties shall try to settle cannot reach an agreement within six months from the start of the negotiations, the dispute amicably.
2. If the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The , and these two arbitrators will choose shall nominate a chairman who shall be a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman State.
3- If one of the Tribunal (hereinafter referred Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months from after their appointment, the date latter shall be appointed upon the request of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5- If, a request may be made to in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented from carrying out the said function or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
5. 6- The Arbitral Tribunal tribunal shall reach its decision by a majority of votes.
7- The tribunal shall issue its decision on the basis of respect for the national law, such decision the provisions of this Agreement, as well as of the universally accepted principles of international law.
8- Subject to other provisions made by the Contracting Parties, the tribunal shall be final and binding. determine its procedure.
9- Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that arbitration tribunal may make a higher proportion of costs shall be borne by one different regulation concerning costs. 10- The decisions of the two tribunal are final and binding for each Contracting Parties. The Arbitral Tribunal shall determine its own procedureParty.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, if possible, be settled through consultations or diplomatic channels.
2. If the any dispute cannot be settled in a such manner within six (6) months from the date of request for settlement, it shall, upon at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Such an Arbitral Tribunal shall be constituted for each individual case in the following way: within Within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the Tribunal. The These two arbitrators will choose members shall then select a national of a third State whoState, on the who upon approval by of the two Contracting Parties, Parties shall act as chairman be appointed Chairperson of the Tribunal (hereinafter referred to as "the Chairman")Tribunal. The Chairman Chairperson shall be appointed within two (2) months from the date of the appointment of the other two arbitratorsmembers.
4. If the necessary appointments have not been made within the period periods specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanArticle, a request may be made by either Contracting Party to the President of the International Court of Justice to make the appointmentsuch appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentappointments. If the Vice-President is also is a national of either Contracting Party or is prevented from discharging the said function, the member member, next in seniority, of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentappointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties.
6. The Arbitral Tribunal shall determine its own procedure.
7. Each contracting Contracting Party shall bear the costs of its own arbitrator and its counsel representation in the arbitral proceedings, the . The costs of the chairman Chairperson and the any remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled amicably through consultations between the Contracting Parties shall try to settle the dispute amicablyParties.
2. If the dispute cannot be settled in within a such manner period of six months following the date on which written notice of the dispute has been received by one party from the other party to the dispute, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal arbitral tribunal shall be constituted in the following way: within comprise three arbitrators. Within a period of two months from the date on which either Contracting Party received written notice of the receipt of the request for arbitrationarbitration from the other Contracting Party, each Contracting Party shall appoint one arbitrator. The two arbitrators will choose shall, within a further period of two months, together select a third arbitrator who is a national of a third State who, on the approval which has diplomatic relations with both Contracting Parties. The third arbitrator shall be appointed by the two Contracting Parties, shall act Parties as chairman Chairman of the Tribunal (hereinafter referred to as "arbitral tribunal.
4. If the Chairman"). The Chairman shall be appointed arbitral tribunal has not been constituted within two a period of four months from the date of appointment the receipt of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article written notice for arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make appoint the appointmentarbitrator(s) who has or have not yet been appointed. If he the President of the Court is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the next most senior member of the International Court of Justice next in seniority who is not a national of either Contracting Party Party, shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall determine its own procedure. The tribunal shall reach its decision in accordance with the provisions of this Agreement and the principles of international law recognised by both Contracting Parties.
6. The tribunal shall reach its decision by a majority of votes, such . The decision shall be final and binding. Each contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by binding on both Contracting Parties. The Tribunal maytribunal shall, howeverupon the request of either Contracting Party, in explain the reasons for its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own proceduredecision.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between Contracting Parties, concerning the interpretation or and application of this the present Agreement the Contracting Parties shall try to settle the dispute amicablybe settled through diplomatic channels.
2. If a dispute between the dispute Contracting Parties thus cannot be settled in within six months from notification of a such manner dispute, it shall, shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal, consisting of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months Each Contracting Party appoints one member of the receipt of the request for arbitrationtribunal, each Contracting Party shall appoint one arbitrator. The two arbitrators will choose who then select a Chairman, who is a national of a third State whoState, on the approval by the two which has diplomatic relations with both Contracting Parties, shall act as chairman .
3. If one of the Tribunal (hereinafter referred Contracting Parties does not appoint its arbitrator and does not agree with the invitation of other Contracting Party to as "make necessary appointment during two months, the Chairman"). The Chairman shall be appointed within two months from latter may invite the date President of appointment International Court of the other two arbitratorsJustice to make any necessary appointments.
4. If within two appointed arbitrators do not reach agreement, concerning the period specified in paragraph 3 appointment of this Article either the Chairman, any Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made apply to the President of the International Court of Justice to make the appointmentnecessary appointments.
5. If in cases, indicated in paragraphs 3 and 4 of the present Article, the President of International Court of Justice can not exercise these functions or if he is a national of either one of the Contracting Party or Parties, the Deputy President shall make all necessary appointments, and if he is otherwise prevented from discharging the said functioncan not make these appointments, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the next by seniority member of the International Court of Justice next in seniority Court, who is not a national of either any Contracting Parties shall make all appointments.
6. The tribunal shall reach its decisions considering respect to laws. On any stage of making a decision, the tribunal may propose to reach an agreement by friendly way. Previous provisions shall not create obstacles to such settlement of a dispute.
7. The tribunal shall determine its own rules of proceedings, not violating other agreements of Contracting Parties. The tribunal reaches its decisions by majority of votes.
8. Each Contracting Party shall bear the cost of its own member of tribunal, according to their part in arbitral proceedings. The cost of Chairman and other expenses shall be invited to make covered in equal parts by the appointmentContracting Parties. The tribunal may determine more higher part in covering expenses for one of the Contracting Parties, and its decision shall be binding for each Contracting Party.
59. The Arbitral Decisions of the Tribunal shall reach its decision by a majority of votes, such decision shall be final and binding. Each contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both binding for Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute arise ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute shall, if possible, be settled amicably.
(2. ) If the a dispute cannot thus be settled in a such manner within six months it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
(3) Such tribunal shall consist of three arbitrators. The Arbitral Tribunal shall be constituted in the following way: within Within two months of from the receipt of date on which either Contracting Party receives the request for arbitrationwritten notice requesting arbitration from the other Contracting Party, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose members shall, within further two months, together select a third arbitrator who is a national of a third State who, on the approval by the two state which maintains diplomatic relations with both Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman third arbitrator shall be appointed as Chairman of the arbitral tribunal.
(4) If the arbitral tribunal has not been constituted within two four months from the date of appointment the receipt of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article written notice for arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other relevant arrangement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the most senior member of the International Court of Justice next in seniority Court, who is not a national of either Contracting Party shall be invited to make the appointmentnecessary appointments.
(5) The arbitral tribunal shall determine its own procedures. The Arbitral Tribunal tribunal shall reach its decision in accordance with the provisions of this Agreement and the principles of international law and other relevant international agreements recognized by both Contracting Parties.
(6) The arbitration tribunal shall reach its decision by a majority of votes, such vote. Such decision shall be final and binding. Each contracting Contracting Party shall bear the cost of the member appointed by that Contracting Party as well as the costs of its own arbitrator and its counsel in the arbitral proceedings, ; the costs expenses of the chairman Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of Parties unless the two Contracting Parties. The Arbitral Tribunal shall determine its own proceduretribunal decides otherwise.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 11 . Should any dispute arise concerning Disputes between Contracting Parties regarding the interpretation or and application of the provisions of this Agreement the shall be settled by consultation and negotiation through diplomatic channels.
2 . If both Contracting Parties shall try to settle cannot reach an agreement within six months after the beginning of the dispute amicably.
2. If between themselves, the dispute cannot be settled in a such manner it latter shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal arbitration tribunal which shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The an arbitrator and these two arbitrators will choose shall nominate a chairman who shall be a national of a third State whoState, on the approval by the two which maintains diplomatic relations with both Contracting Parties, shall act as chairman .
3 . If one of the Tribunal (hereinafter referred Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4 . If both arbitrators cannot reach an agreement about the choice of the chairman within two months from after their appointment, the date latter shall be appointed upon the request of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5 . If, a request may be made to in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function, or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party Party.paragraphs 3 and 4 of this Article, the President of the International Court of Justice is prevented from carrying out the said function, or if he is a national of either Contracting Party, the appointment shall be invited to make made by the appointmentVice-President, and if the latter is prevented or if he is national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national of either Contracting Party.
56 . Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The Arbitral Tribunal tribunal shall reach its decision decisions by a majority of votes, such decision shall be .
7 . The decisions of the tribunal are final and bindingbinding for each Contracting Party.
8 . Each contracting Contracting Party shall bear the costs of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, ; the costs of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its decision direct decide 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. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, as far as possible, be settled by consultations through diplomatic channels.
2. If the a dispute cannot thus be settled in a such manner within six months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal shall be constituted in the following way: Such ad hoc tribunal comprises of three arbitrators, within two months of from the receipt of date on which either Contracting Party receives the request written notice requesting for arbitrationarbitration from the other Contracting Party, each Contracting Party shall appoint one arbitrator. The , those two arbitrators will choose shall, within further two months, together select a third arbitrator who is a national of a third State who, on the approval state which has diplomatic relations with both Contracting Parties. The third arbitrator shall be appointed by the two Contracting Parties, shall act Parties as chairman of the Tribunal (hereinafter referred to as "arbitral tribunal.
4. If the Chairman"). The Chairman shall be appointed ad hoc arbitral tribunal has not been constituted within two four months from the date of appointment the receipt of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article written notice for arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make appoint the appointmentarbitrator(s) who has or have nctyet been appointed. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the next most senior 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 appointmentnecessary appointment(s). The chairman and the members of the arbitration tribunal thus appointed shall be nationals of states with which both Contracting Parties maintain diplomatic relations.
5. The Arbitral Tribunal ad hoc arbitral tribunal shall determine its own procedure, the tribunal shall reach its decision award in accordance with the laws of the Contracting Party accepting investment, the provisions of this Agreement and the principles of international law recognized by both Contracting Parties.
6. Before the arbitral tribunal decides it may at any stage of the proceeding propose to the parties that the dispute be settled amicably, the tribunal shall reach its award by a majority of votes, such decision . Such award shall be final and bindingbinding on both Contracting Parties, The ad hoc arbitral tribunal shall explain the reasons of its award.
7. Each contracting Contracting Party shall bear the costs cost of its own appointed arbitrator and its counsel in the arbitral proceedings, the representation. The relevant costs of the chairman and the remaining costs ad hoc tribunal shall be borne in equal parts party by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled through diplomatic channels.
2. If Where the Contracting Parties cannot reach an agreement with twelve months, the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to to[ ]an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The , and those two arbitrators will choose shall nominate a third arbitrator who shall be a national of a third State who, on with diplomatic relations with the approval Contracting Parties. The third arbitrator shall be appointed by the two Contracting Parties, shall act Parties as chairman the Chairman of the Tribunal (hereinafter referred arbitral tribunal.
3. Where one of the Contracting Parties has not appointed its arbitrator and followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed within two months from upon the date of appointment request of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either latter Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to by the President of the International Court of Justice to make Justice.
4. Where the appointmentChairman of the arbitral tribunal has not been constituted within two months after the appointment of the two arbitrators and in the absence of any other agreement, the Chairman shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice.
5. If he Where in the case specified under paragraph (3) and (4) of this Article, the President of International Court of Justice. Is a national of either Contracting Party or is otherwise prevented from carrying out the said function, the appointment shall be made by the Vice- President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President appointment shall be invited to make made by the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
56. The Arbitral Tribunal arbitral tribunal shall reach determine its decision by a majority of votes, such decision shall be final and bindingprocedure.
7. Each contracting Contracting Party shall bear the costs of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties.
8. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one decisions of the two tribunal are final and biding on the Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Reciprocal Promotion and Protection of Investments Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshould, Be settled through consultations and negotiations through diplomatic channels.
2. If a dispute between the dispute canContracting Parties in accordance with paragraph 1 of this Article can not be settled in a such manner it shallwithin six months from the date of submission of the application for its consideration, upon the dispute at the request of either Contracting Party, Party shall be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal consisting of this Articlethree members.
3. The Arbitral Tribunal shall Such an arbitral tribunal will be constituted in the following way: within established for each individual case as follows. Within two months from the date of the receipt of the a request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The These two arbitrators will choose a members shall then determine the national of a third State whoState, who on the approval by of the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsjudges.
4. If the necessary appointments have not been made within the period time specified in paragraph 3 2 of this Article Article, either Contracting Party shall not have appointed its arbitrator or may request the two arbitrators shall not have agreed on the chairman, a request may be made work necessary appointments to the President of the International Court of Justice to make the appointmentJustice. If the President is a citizen of either Contracting Party or if he is unable to carry out the above actions, the request for the necessary work assignments will be addressed to the Vice-Chairman of the International Court. If the Vice President is a national of either Contracting Party or if he is otherwise prevented from discharging unable to carry out these actions, please work on the said function, necessary appointments will be addressed to the Vicenext-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the highest 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 appointmentParty.
5. The Arbitral Tribunal Court itself defines the rules of their work.
6. The arbitral tribunal shall reach take its decision decisions by a majority of votes, such decision shall be vote. Such decisions are final and bindingbinding on both Contracting Parties.
7. Each contracting Contracting Party shall bear the costs expenses of its own arbitrator member of the tribunal and of its counsel in representation at the arbitral proceedingshearings, the costs chairman of the chairman costs and other expenses will be shared equally between the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal Court may, however, in its decision direct that a higher proportion decide otherwise establishing share increase to cover the cost of costs shall be borne by one of the two Contracting Parties, and such a decision will be binding on both Contracting Parties.
8. The Arbitral Tribunal dispute in accordance with the procedure defined by this Article shall determine its own procedurenot be referred to an international arbitration if the dispute had already been sent and are currently pending in another international arbitration in accordance with the provisions of Article 8 of this Agreement. However, this does not affect the possibility of settling the dispute in accordance with paragraph 1 of this Article.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning 1- Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement the shall be settled through diplomatic channels.
2- If both Contracting Parties shall try to settle cannot reach an agreement within six months from the start of the negotiations, the dispute amicably.
2. If the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The , and these two arbitrators will choose shall nominate a chairman who shall be a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman State.
3- If one of the Tribunal (hereinafter referred Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months from after their appointment, the date latter shall be appointed upon the request of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5- If, a request may be made to in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented from carrying out the said function or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
5. 6- The Arbitral Tribunal tribunal shall reach its decision by a majority of votes.
7- The tribunal shall issue its decision on the basis of respect for the law, such decision the provisions of this Agreement, as well as of the universally accepted principles of international law.
8- Subject to other provisions made by the Contracting Parties, the tribunal shall be final and binding. determine its procedure.
9- Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that arbitration tribunal may make a higher proportion of costs shall be borne by one different regulation concerning costs. 10- The decisions of the two tribunal are final and binding for each Contracting Parties. The Arbitral Tribunal shall determine its own procedureParty.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement the shall be settled as far as possible though friendly consultations by both Contracting Parties shall try to settle the dispute amicablythrough diplomatic channels.
2. If the a dispute cannot thus be settled in a such manner within six months it shall, upon the request of either Contracting PartyState, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The member and these two arbitrators will choose members shall agree upon a national of a third State who, on as their chairman to be appointed by the approval by governments of the two Contracting Parties, shall act as chairman of Parties provided that the Tribunal (hereinafter referred to as "the Chairman")Contracting Parties have diplomatic relations with that third State. The Chairman Such members shall be appointed within two months, and such chairman within three months from the date of appointment of on which either Contracting Party has informed the other two arbitratorsContracting Party that it intends to submit the dispute to an Arbitral Tribunal.
4. If within the period periods specified in paragraph 3 of this Article above have not been observed, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other arrangement, a request may be made to invite the President of the International Court court of Justice to make the appointmentnecessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or if he, too, is prevented from discharging the said function, the member of the International Court of Justice court next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and binding. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member and of its counsel representatives in the arbitral proceedings, ; the costs of the chairman and the remaining costs shall be borne in equal parts by both the Contracting PartiesStates. The Arbitral Tribunal maymay make a different ruling concerning costs. In all other respects, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes between contracting Parties regarding the interpretation or and application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled by consultation and negotiation through diplomatic channels.
2. If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute cannot be settled in a such manner between themselves, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal arbitration tribunal which shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The an arbitrator and these two arbitrators will choose shall nominate a chairman who shall be a national of a third State whoState, on the approval by the two which maintains diplomatic relations with both Contracting Parties, shall act as chairman .
3. If one of the Tribunal (hereinafter referred Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed within two months from upon the date request of appointment that Contracting Party by the president of the other two arbitratorsInternational Court of Justice.
4. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the period specified in paragraph 3 latter shall be appointed upon the request of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5. If, a request may be made to in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function, or if he is a national of either Contracting Party Party, the appointment shall be is made by the vice-President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
56. Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The Arbitral Tribunal tribunal shall reach its decision decisions by a majority of votes, such decision shall be .
7. The decisions of the tribunal are final and bindingbinding for each Contracting Party.
8. Each contracting Contracting Party shall bear the costs of its own arbitrator member of the tribunal and of its counsel representation in the arbitral arbitrate proceedings, ; the costs of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its decision direct decide that a higher proportion of costs shall be borne by one of the two Contracting Parties and this award shall e binding on both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 11 . Should The Contracting Parties shall endeavour to resolve any dispute arise concerning difference between them regarding the interpretation or application of the provisions of this Agreement the by friendly negotiations.
2 . If both Contracting Parties shall try to settle cannot reach an agreement within six months after the beginning of the dispute amicably.
2. If the dispute cannot be settled in a such manner between themselves, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3three persons. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The , and these two arbitrators will choose shall, within thirty days of the appointment of the second of them, by agreement, select a national third arbitrator who shall be a citizen of a third State who, on the approval by the two which has diplomatic relations with both Contracting Parties. The Contracting Parties shall, within thirty days of the selection of the third arbitrator, approve the selection of that arbitrator who shall act as chairman Chairman of the Tribunal (hereinafter referred to as "the Chairman")Tribunal.
3 . The Chairman Arbitration proceedings shall be appointed within two months from instituted upon notice being given through the date of appointment diplomatic channel by the Contracting Party instituting such proceedings to the other Contracting Party. Such notice shall contain a statement setting forth in summary form the grounds of the other two arbitratorsclaim, the nature of the relief sought, and the name of the arbitrator appointed by the Contracting Party instituting such proceedings. Within sixty days of the giving of such notice the respondent Contracting Party shall notify the Contracting Party instituting proceedings of the name of the arbitrator appointed by respondent Contracting Party.
44 . If If, within the period specified time limits provided for in paragraph 3 (2) and (3) of this Article Article, the required appointment has not been made or the required approval has not been given, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a may request may be made to the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointment. If the Vice-President also 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 is prevented from carrying out the said function or if that person is a citizen or permanent resident of either Contracting Party, the appointment shall be made by the Vice-President, and if that person is prevented from carrying out the said function or if that person is a citizen or permanent resident of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a national citizen or permanent resident of either Contracting Party.paragraph (2) and (3) of this Article, the required appointment has not been made or the required approval has not been given, either Contracting Party shall be invited may request the President of the International Court of Justice to make the necessary appointment. If the President of the International Court of Justice is prevented from carrying out the said function or if that person is a citizen or permanent resident of either Contracting Party, the appointment shall be made by the Vice-President, and if that person is prevented from carrying out the said function or if that person is a citizen or permanent resident of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not a citizen or permanent resident of either Contracting Party.
55 . In case any arbitrator appointed as provided shall resign or become unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.
6 . The Arbitral Tribunal shall convene at such time and place as shall be fixed by the Chairman of the Tribunal. Thereafter, the Arbitral Tribunal shall determine where and when it shall sit.
7 . The Arbitral Tribunal shall decide all questions relating to its competence and shall, subject to any agreement between the Contracting Parties, determine its own procedure.
8 . The Arbitral Tribunal shall reach its decision decisions by a majority vote, taking into account the provisions of votesthis Agreement, such decision shall be final the laws of the Contracting Party where the investment in dispute is situated including the rules on conflicts of laws, the international agreements both Contracting Parties have concluded and bindingthe generally recognised principles of international law. Each contracting Furthermore each Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting PartiesParties unless otherwise agreed.
9 . The Arbitral Tribunal may render a decision on the default of a Contracting Party. Any such decision shall determine be rendered in writing and shall state its own procedurelegal basis. A signed counterpart of the award shall be transmitted to each Contracting Party.
10 . The decisions of the Tribunal are final and binding for Contracting Parties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should The Contracting Parties shall, as far as possible, settle any dispute arise concerning the interpretation or application or execution of this Agreement the Contracting Parties shall try to settle the dispute amicablythrough consultations or other diplomatic channels.
2. If the dispute canhas not be been settled within six months following the date on which such consultations or other diplomatic channels were requested by either Contracting Party and unless the Contracting Parties otherwise agree in a such manner it shallwriting, upon either Contracting Party may, by written notice to the request of either other Contracting Party, be submitted submit the dispute to an ad hoc Arbitral Tribunal arbitral tribunal in accordance with the following provisions of this Article.
3. The Arbitral Tribunal arbitral tribunal shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The member, and these two arbitrators will choose members shall agree upon a national of a third State whostate with whom both the Contracting Parties have diplomatic relations, on as Chairman of the approval arbitral tribunal to be appointed by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman Such members shall be appointed within two months months, and such Chairman within four months, from the date of appointment of on which either Contracting Party has informed the other two arbitratorsContracting Party that it intends to submit the dispute to an arbitral tribunal.
4. If within the period periods specified in paragraph 3 of this Article above have not been complied with, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on absence of any other arrangement, invite the chairman, a request may be made to the President president of the International Court of Justice to make the appointmentnecessary appointments. If he the President of the International Court of Justice 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 shall be invited to make the appointmentnecessary appointments. If the Vice-President also of the International Court of Justice is a national of either Contracting Party or if he, too, 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 State shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach take its decision by a majority of votes, such . Such decision shall be made in accordance with the provisions of this Agreement and applicable rules of international law and shall be final and bindingbinding on both Contracting Parties. Each contracting Contracting Party shall bear the costs of its own arbitrator and its counsel in the member of the arbitral proceedingstribunal appointed by the Contracting Party, as well as the costs of its representation in the chairman and arbitration proceedings. The expenses of the remaining Chairman as well as any other costs of the arbitration proceedings shall be borne in equal parts by both the two Contracting Parties. The Tribunal However, the arbitral tribunal may, howeverat its discretion, in its decision direct that a higher proportion or all of such costs shall be borne paid by one of the two Contracting Parties. The Arbitral Tribunal In all other respects, the arbitral tribunal shall determine its own procedureprocedures.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled through diplomatic channels.
2. If the a dispute cannot thus be settled in a such manner within six months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal shall be constituted in the following way: within Such tribunal comprises of three arbitrators. Within two months of from the receipt of date on which wither Contracting Party receives the request written notice requesting for arbitrationarbitration from the other Contracting Party, each Contracting Party shall appoint one arbitrator. The Those two arbitrators will choose shall, within further two months, together select a third arbitrator who is a national of a third State who, on the approval which has diplomatic relations with both Contracting Parties. The third arbitrator shall be appointed by the two Contracting Parties, shall act Parties as chairman Chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsarbitral tribunal.
4. If the arbitral tribunal has not been constituted within four months from the period specified in paragraph 3 receipt of this Article the written notice requesting arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make appoint the appointment. If he is a national of either Contracting Party arbitrator(s) who has or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmenthave not yet been appointed. If the Vice-President also is a national of either Contracting Party or is otherwise prevented from discharging the said functionfunctions, the next most senior 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 appointmentnecessary appointment(s).
5. The Arbitral Tribunal arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision award in accordance with the provisions of this Agreement and the general principles of international law.
6. The arbitral tribunal shall reach its award by a majority of votes, such decision . Such award shall be final and bindingbinding upon both Contracting Parties. The ad-hoc arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
7. Each contracting Contracting Party shall bear the costs of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning — Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled through consultations and negotiations.
2. — If both Contracting Parties cannot reach an agreement within six months from the start of the negotiations, the dispute cannot be settled in a such manner it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal of this Articlethree members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a citizen of a third State.
3. The Arbitral Tribunal shall be constituted in — If one of the following way: Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The two arbitrators will choose a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4— If both arbitrators cannot reach an agreement about the choice of the chairman within two months from after their appointment, the date latter shall be appointed upon the request of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5— If, a request may be made to in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice to make is prevented from carrying out the appointment. If he is a national of either Contracting Party said function or if he is otherwise prevented from discharging a citizen of either Contracting Party, the said function, appointment shall be made by the Vice-President shall be invited to make President, and if the appointment. If latter is prevented from carrying out the Vice-President also said function or if he is a national citizen of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national citizen of either Contracting Party shall be invited to make the appointmentParty.
5. 6— The Arbitral Tribunal tribunal shall reach its decision by a majority of votes.
7— The tribunal shall issue its decision on the basis of respect for the law, such decision the provisions of this Agreement, as well as of the universally accepted principles of international law.
8— Subject to other provisions made by the Contracting Parties, the tribunal shall be final and binding. determine its procedure.
9— Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that arbitration tribunal may make a higher proportion of costs shall be borne by one different regulation concerning costs.
10— The decisions of the two tribunal are final and binding for each Contracting Parties. The Arbitral Tribunal shall determine its own procedureParty.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any ) Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicably.
2. If the dispute which cannot be settled in within a such manner it reasonable lapse of time, by means of diplomatic negotiations, shall, upon unless the Parties have otherwise agreed, be submitted, at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal, composed of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Contracting Each Party shall appoint one arbitrator. The arbitrator and the two arbitrators will choose thus appointed shall together appoint a third arbitrator as their Chairman who is not a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman either Party.
2) If one of the Tribunal (hereinafter referred Parties fails to as "the Chairman"). The Chairman shall be appointed appoint its arbitrator and has not proceeded to do so within two months after an invitation from the date of appointment of other Party to make such appointment, the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either Contracting latter Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to invite the President of the International Court of Justice to make the necessary appointment. .
3) If he the two arbitrators are unable to reach agreement, in two months following their appointment, on the choice of the third arbitrator, either Party may invite the President of the International Court of Justice, to make the necessary appointment.
4) If, in the cases provided for in paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, function or is a national of either Party the most senior member of the International Court of Justice next in seniority available who is not a national of either Contracting Party shall be invited to make the appointmentnecessary appointments.
5) The tribunal shall decide on the basis of this Agreement and other relevant agreements between the two Contracting Parties, rules of International Law and relevant rules of Domestic Law. The Arbitral Tribunal foregoing provisions shall not prejudice the power of the tribunal to decide the dispute ex aequo et xxxx if the Parties so agree.
6) Unless the Parties decide otherwise, the tribunal shall determine its own procedure.
7) The tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and binding. Each contracting Party shall bear binding on the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should To the extent possible, any dispute arise concerning the interpretation or and application of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled through consultations or other diplomatic channels.
2. If the dispute canis not be settled resolved within six months from the date on which consultations or other diplomatic channels requested by each Contracting Party are launched and unless the Contracting Parties otherwise agree in a such manner it shallwriting, upon each Contracting Party may, through written notification to the request of either other Contracting Party, be submitted refer the dispute to an ad hoc Arbitral Tribunal tonnage association in accordance with the following provisions of this Article.
3. The Arbitral Tribunal arbitral tribunal shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The member, and these two arbitrators will choose members shall agree on a national of a third State who, on the approval by the two Contracting Parties, shall country to act as chairman Chairman of the Tribunal (hereinafter referred to as "arbitral tribunal so that the Chairman")Parties appointment signing. The Chairman These members shall be appointed within two months months, and the Chairperson shall be appointed within one month, from the date of appointment of on which either Contracting Party notifies the other two arbitratorsContracting Party in writing of its intention to submit the dispute to settlement, at the arbitral tribunal.
4. If within the period specified deadlines referred to in paragraph 3 of this Article either are not observed, each Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of other agreement, a request may be made to invite the President of the United Nations International Court of Justice to make the appointmentnecessary appointments set. If he the President of the United Nations International Court of Justice is a national of either a Contracting Party or if he is otherwise prevented from discharging the said unable to exercise this function, the Vice-President of the United Nations International Court of Justice shall be invited to make execute the appointmentdirectives. necessary determination. If the Vice-President also of the United Nations International Court of Justice is a national of either a Contracting Party or is otherwise prevented from discharging the said performing this function, the next senior member of the United Nations International Court of Justice next in seniority who is States which are not nationals of a national of either Contracting Party shall be invited to make the appointmentnecessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach make its decision by a majority of votes, such vote. Such decision shall be in accordance with this Agreement and the recognized rules of international law concerned and be final and binding. Each contracting Party binding on both Contracting Parties, each of which shall bear the costs of its own arbitrator and its counsel the other Contracting Party. appointed by it in the arbitral proceedingstribunal, as well as the costs of its representation in the chairman and arbitration, the remaining fees of the President as well as other costs shall be borne in equal parts by both Contracting Parties. The Tribunal maythe tonnage proceedings, however, in its decision direct that a higher proportion of costs shall to be borne by one each Contracting Party. together. However, the arbitral tribunal may decide that either Contracting Party shall bear the higher portion of the two Contracting Partiesfee or the entire fee. The Arbitral Tribunal For all other matters, the arbitral tribunal shall determine decide on its own procedure.
Appears in 1 contract
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshould, if possible, be settled by consultations and negotiations through diplomatic channels.
2. If a dispute between the dispute Contracting Parties cannot be settled in a such manner it shallaccordance with paragraph 1 of this Article within six months from the date of request for settlement, the dispute shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal Tribunal, in accordance with the provisions of this Article.
3. The Such Arbitral Tribunal shall be constituted for each individual case in the following way: within two months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the Tribunal. The Those two arbitrators will choose members shall then select a national of a third State who, who on the approval by the two Contracting Parties, Parties shall act as be appointed chairman of the Tribunal (hereinafter referred to as "the Chairman")Arbitral Tribunal. The Chairman chairman shall be appointed within two months from the date of appointment of the other two arbitratorsmembers.
4. If within the period periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President is also is a national of either Contracting Party or if he too is prevented from discharging the said function, the member 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 appointmentnecessary appointments. The chairmen of the Arbitral Tribunal shall be a national of a third State with which both Contracting Parties maintain diplomatic relations.
5. The Arbitral Tribunal shall determine its own procedure.
6. The Arbitral Tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties.
7. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the Tribunal and of its counsel representation in the arbitral proceedings, ; the costs cost of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Arbitral 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.
8. The Arbitral Tribunal A dispute shall determine its own procedurenot be submitted to an international arbitral tribunal under the provisions of this Article, if the same dispute has been brought before another international arbitration court under the provisions of Article 8 and is still before the court. This will not impair the possibility of dispute settlement in accordance with paragraph 1 of this Article.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any ) Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicably.
2. If the dispute which cannot be settled in within a such manner it reasonable lapse of time, by means of diplomatic negotiations, shall, upon unless the Parties have otherwise agreed, be submitted, at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal, composed of this Article.
3three members. The Arbitral Tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each Contracting Each Party shall appoint one arbitrator. The arbitrator and the two arbitrators will choose thus appointed shall together appoint a third arbitrator as their Chairman who is not a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman either Party.
2) If one of the Tribunal (hereinafter referred Parties fails to as "the Chairman"). The Chairman shall be appointed appoint its arbitrator and has not proceeded to do so within two months after an invitation from the date of appointment of other Party to make such appointment, the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article either Contracting latter Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to invite the President of the International Court of Justice to make the necessary appointment. .
3) If he the two arbitrators are unable to reach agreement, in two months following their appointment, on the choice of the third arbitrator, either Party may invite the President of the International Court of Justice, to make the necessary appointment.
4) If, in the cases provided for in paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, function or is a national of either Party the most senior member of the International Court of Justice next in seniority available who is not a national of either Contracting Party shall be invited to make the appointmentnecessary appointments.
5) The tribunal shall decide on the basis of this Agreement and other relevant agreements between the two Contracting Parties, rules of International Law and relevant rules of Domestic Law. The Arbitral Tribunal foregoing provisions shall not prejudice the power of the tribunal to decide the dispute ex aeqo et xxxx if the Parties so agree.
6) Unless the Parties decide otherwise, the tribunal shall determine its own procedure.
7) The tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and binding. Each contracting Party shall bear binding on the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, if possible, be settled through consultations or diplomatic channels.
2. If the any dispute cannot be settled in a such manner within one hundred and eighty (180) days from the date of request for settlement, it shall, upon at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Such an ad hoc Arbitral Tribunal shall be constituted for each individual case in the following way: within two months Within sixty (60) days from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the ad hoc Arbitral Tribunal. The These two arbitrators will choose members shall then select a national of a third State whoState, who on the approval by of the two Contracting Parties, Parties shall act as chairman be appointed Chairperson of the Tribunal (hereinafter referred to as "the Chairman")ad hoc Arbitral Tribunal. The Chairman Chairperson shall be appointed within two months sixty (60) days from the date of the appointment of the other two arbitratorsmembers.
4. If the necessary appointments have not been made within the period periods specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanArticle, a request may be made by either Contracting Party to the President of the International Court of Justice to make the appointmentsuch appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-Vice- President shall be invited to make the appointmentappointments. If the Vice-President is also is a national of either Contracting Party or is prevented from discharging the said function, the member member, next in seniority, of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function shall be invited to make the appointmentappointments.
5. The ad hoc Arbitral Tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on the Contracting Parties.
6. The ad hoc Arbitral Tribunal shall determine its own procedure.
7. Each contracting Contracting Party shall bear the costs of its own arbitrator and its counsel representation in the arbitral proceedings, the . The costs of the chairman Chairperson and the any remaining costs shall be borne in equal parts by both the Contracting Parties. The ad hoc Arbitral Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, if possible, be settled through consultations or diplomatic channels.
2. If the any dispute cannot be settled in a such manner within six (6) months from the date of request for settlement, it shall, upon at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Such an Arbitral Tribunal shall be constituted for each individual case in the following way: within Within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the Tribunal. The These two arbitrators will choose members shall then select a national of a third State whoState, who on the approval by of the two Contracting Parties, Parties shall act as chairman be appointed Chairperson of the Tribunal (hereinafter referred to as "the Chairman")Tribunal. The Chairman Chairperson shall be appointed within two (2) months from the date of the appointment of the other two arbitratorsmembers.
4. If the necessary appointments have not been made within the period periods specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanArticle, a request may be made by either Contracting Party to the President of the International Court of Justice to make the appointmentsuch appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentappointments. If the Vice-President is also is a national of either Contracting Party or is prevented from discharging the said function, the member member, next in seniority, of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentappointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties.
6. The Arbitral Tribunal shall determine its own procedure.
7. Each contracting Contracting Party shall bear the costs of its own arbitrator and its counsel representation in the arbitral proceedings, the . The costs of the chairman Chairperson and the any remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Settlement of Disputes between Contracting Parties. 1. Should ) The Contracting Parties shall endeavour to resolve any dispute arise concerning difference between them regarding the interpretation or application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablyby friendly negotiations.
2. ) If the dispute difference cannot thus be settled in a such manner it shallwithin six months following the date of notification of the difference, upon the request of either Contracting Party, be submitted Party may submit it to an ad Ad-hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. ) The Arbitral Tribunal shall be formed by three members and shall be constituted in the following wayas follows: within two months of the receipt notification by a Contracting Party of its wish to settle the request for dispute by arbitration, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose members shall then, within thirty days of the appointment of the last one, agree upon a third member who shall be a national of a third State who, on the approval by the two Contracting Parties, country and who shall act as chairman the Chairman. The appointment of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed approved by the Contracting Parties within two months from the date thirty days of appointment of the other two arbitratorsthat person's nomination.
4. If ) If, within the period specified time limits provided for in paragraph 3 (3) of this Article the required appointment has not been made or the required approval has not been given, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a may request may be made to the President of the International Court of Justice to make the appointment. If he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also 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 prevented from carrying out the said function or if that person is a national of either Contracting Party either
5) The Chairman of the Tribunal shall be invited to make the appointmenta national of a third country which has diplomatic relations with both Contracting Parties.
5. 6) The Arbitral Tribunal shall reach its decision decisions taking into account the provisions of this Agreement, the principles of international law on this subject and the general principles of law as recongnized by the Contracting Parties. The Tribunal shall reach its decisions by a majority of votes, such decision vote and shall be final and binding. determine its procedure.
7) Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. Parties unless agreed otherwise.
8) The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one decisions of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedurebe final and binding on both Parties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled through diplomatic channels.
2. If such a dispute between the dispute canContracting Parties can not be settled in a such this manner within six months after the beginning of the negotiations, it shall, may be submitted to an Arbitral Tribunal upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Such an Arbitral Tribunal tribunal shall be constituted for each particular case in the following way: within two three months of the receipt of after the request for arbitrationarbitration has been received, each Contracting Party shall appoint one arbitratormember of the Arbitral Tribunal. The These two arbitrators will choose members shall nominate a Chairman, a national of a third State whoState, who on the approval by the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")Arbitral Tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsmembers.
4. If within the period specified in paragraph 3 of this Article the necessary appointment have not been made, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice in the Hague to make the any necessary appointment. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointment. If the Vice-President also is a national of either Contracting Party or if he is prevented from discharging the said same function, the member Member of the International international Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointment.
5. The Arbitral Tribunal shall reach its decision on the basis of the provisions of the present Agreement as well as the generally accepted principles and rules of international law. The tribunal determines its own procedure.
6. The Arbitral Tribunal shall reach its decision by a majority of votes, such . Such a decision shall be final and bindingbinding on both Contracting Parties.
7. Each contracting Contracting Party shall bear the costs of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, the . The costs of the chairman Chairman and the remaining costs shall be borne by the Contracting Parties in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Partiesparts. The Arbitral Tribunal shall determine its own proceduremay make a different regulation concerning costs.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, as far as possible, be settled with consultation through diplomatic channels.
2. If the a dispute cannot thus be settled in a such manner within six (6) months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal tribunal shall be constituted in the following way: within comprise of three arbitrators. Within two (2) months of the receipt of the request for written notice requesting arbitration, each Contracting Party shall appoint one arbitrator. The Those two arbitrators will choose shall, within further two (2) months, together select a national of a third State who, on the approval by the two having diplomatic relations with both Contracting Parties, shall act Parties as chairman Chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorsarbitral tribunal.
4. If the arbitral tribunal has not been constituted within four (4) months from the period specified in paragraph 3 receipt of this Article the written notice requesting arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments. If he the president is a national of either Contracting Party party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member Member of the International Court of Justice justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the appointmentnecessary appointments.
5. Issues subject to dispute referred to in paragraph 1 of this Article shall be decided in accordance with the provisions of this Agreement and the rules of international law applicable to both Contracting parties.paragraph 1 of this Article shall be decided in accordance with the provisions of this Agreement and the rules of international law applicable to both Contracting parties.
6. The Arbitral Tribunal arbitral tribunal shall reach its decision award by a majority of votes, such decision . Such award shall be final and bindingbinding upon both Contracting Parties. The arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
7. Each contracting Party Contracting party shall bear the costs of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its make a different decision direct that a higher proportion of costs shall be borne by one regarding the sharing of the two Contracting Partiescosts. The Arbitral Tribunal In all other respects, the arbitral tribunal shall determine its own rules of procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement the Contracting shall be settled, as far as possible, through friendly consultations by both Parties shall try to settle the dispute amicablythrough diplomatic channels.
2. If the dispute such disputes cannot be settled within six months from date on which either Contracting Party informs in a such manner it shall, upon writing the request of either other Contracting Party, such disputes be submitted for settlement to an ad hoc international Arbitral Tribunal in accordance with the provisions of this ArticleTribunal.
3. The ad hoc international arbitral tribunal mentioned above shall be established as follows: the Arbitral Tribunal shall be constituted in the following way: within two months is composed of the receipt of the request for arbitration, each three arbitrators. Each Contracting Party shall appoint one arbitrator. The ; the two arbitrators will choose shall propose by mutual agreement the third who is a national of a third State who, on the approval by the two which has diplomatic relations with both Contracting Parties, shall act as chairman of and the Tribunal (hereinafter referred to as "the Chairman"). The Chairman third arbitrator shall be appointed as Chairman of the tribunal by both Contracting Parties.
4. If the appointments of the members of the Arbitral Tribunal are not made within two a period of six months from the date of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article request for arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any court arrangement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments within three months. If he is Should the President be a national of either one Contracting Party or if he is otherwise prevented from discharging the said functionshould not be able to perform this designation because of other reasons, this task shall be entrusted to the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member of the International Court, or to the next senior Judge of the Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
5. The Arbitral Tribunal shall reach determine its decision own procedure. The Arbitral Tribunal shall decide its award by a majority of votes, such decision shall be . Such award is final and bindingbinding upon the Contracting Parties.
6. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the panel and of its counsel representative in the arbitral Arbitral Tribunal proceedings, the . The costs of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne Parties or as otherwise agreed by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedureParties or decided by the Ad hoc International Tribunal.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute arise ) Disputes between the Contracting Party concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels.
(2) If a dispute between the Contracting Parties shall try to settle the dispute amicably.
2. If the dispute Party cannot thus be settled in a such manner within 6 months, it shall, shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this ArticleTribunal.
(3. The ) Such an Arbitral Tribunal shall be constituted for each individual case in the following Following way: within two Within 2 months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator1 member of the Tribunal. The two arbitrators will choose Those 2 Members shall Then select a national of a third State who, on the who an approval by the two Contracting Parties, shall act as chairman Parties Shall be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")Tribunal. The Chairman shall be appointed within two 2 months from the date of appointment of the other two arbitrators2 members.
(4. ) If within the period periods specified in paragraph 3 of this Article the necessary appointment have not been made, either Contracting Party shall not have appointed its arbitrator or may , in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-vice- President also is a national of either Contracting Party or if he too, 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 appointmentnecessary appointments.paragraph 3 of this Article the necessary appointment have not been made, either Contracting Party may , in the absence of any other agreement, 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 if he 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 if he too, 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.
(5. The Arbitral Tribunal shall reach its decision by a majority of votes, such decision shall be final and binding. Each contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. ) The Arbitral Tribunal shall determine its own procedure. The tribunal shall reach its decision in accordance with the provisions of this Agreement an generally accepted principles of international law. The Tribunal shall reach its award by a majority of voted,. Such award shall be final and binding on both Contracting Parties. The Tribunal shall, upon the request of either Contracting Party, explain the basis of its award.
(6) Each Contracting Party shall bear the cost of its appointed arbitrator. The relevant costs of the Chairman and the Tribunal shall be borne in equal parts by the Contracting Parties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshould, if possible, be settled by negotiations through diplomatic channels.
2. If the a dispute cannot thus be settled in a such manner it shallwithin six months from the beginning of the negotiations, the dispute shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal Such arbitral tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each as follows. Each Contracting Party shall appoint one arbitrator. The member of the tribunal and these two arbitrators will choose shall, subject to the provision of the paragraph 5 of this Article, then select a national of a third State who, who on the approval by the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")tribunal. The Chairman arbitrators shall be appointed within two three months and the Chairman within five months from the date of appointment of on which either Contracting Party has informed the other two arbitratorsthat it intends to submit the dispute to an arbitral tribunal.
4. If within the period periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to invite the President of the International Court of Justice to make any necessary appointments If the appointment. If he President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, functions the Vice-Vice President shall be invited to make the appointment. necessary appointments If the Vice-President also is a national of either Contracting Party or if he too is prevented from discharging the said function, the member 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 appointmentnecessary appointments.
5. Chairman of the arbitral tribunal shall be a national of a third State with which both Contracting Parties maintain diplomatic relations.
6. The Arbitral Tribunal arbitral tribunal should decide on the basis of respect for the law, including particularly the present Agreement and other relevant agreements existing between the two Contracting Parties and the universally acknowledged rules and principles of international law.
7. Unless the Contracting Parties decided otherwise, the tribunal shall determine its own procedure.
8. The arbitral tribunal shall reach its us decision by a majority of votes, such votes Such decision shall be final and bindingbinding on both Contracting Parties
9. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, the costs arbitrage proceedings The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal , and its award shall determine its own procedurebe binding on both Contracting Parties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute arise ) Disputes between the Contracting Party concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels.
(2) If a dispute between the Contracting Parties shall try to settle the dispute amicably.
2. If the dispute Party cannot thus be settled in a such manner within 6 months, it shall, shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this ArticleTribunal.
(3. The ) Such an Arbitral Tribunal shall be constituted for each individual case in the following Following way: within two Within 2 months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator1 member of the Tribunal. The two arbitrators will choose Those 2 Members shall Then select a national of a third State who, on the who an approval by the two Contracting Parties, shall act as chairman Parties Shall be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")Tribunal. The Chairman shall be appointed within two 2 months from the date of appointment of the other two arbitrators2 members.
(4. ) If within the period periods specified in paragraph 3 of this Article the necessary appointment have not been made, either Contracting Party shall not have appointed its arbitrator or may[], in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentany necessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vicevice-President also is a national of either Contracting Party or if he too, 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 appointmentnecessary appointments.
(5. The Arbitral Tribunal shall reach its decision by a majority of votes, such decision shall be final and binding. Each contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. ) The Arbitral Tribunal shall determine its own procedure. The tribunal shall reach its decision in accordance with the provisions of this Agreement an[d] generally accepted principles of international law. The Tribunal shall reach its award by a majority of voted[]. Such award shall be final and binding on both Contracting Parties. The Tribunal shall, upon the request of either Contracting Party, explain the basis of its award.
(6) Each Contracting Party shall bear the cost of its appointed arbitrator. The relevant costs of the Chairman and the Tribunal shall be borne in equal parts by the Contracting Parties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute arise ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled, as far as possible, through friendly consultation by both States through diplomatic channels.
(2. ) If the dispute such disputes cannot be so settled within three months from the date on which either Contracting Party informs in a such manner it writing the other Contracting Party, they shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal arbitral tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal arbitral tribunal shall be constituted in the following way: within . Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. The two arbitrators will choose members shall then select a national of a third State who, on the approval by the two Contracting Parties, who shall act as chairman of the Tribunal Chairman (hereinafter hereafter referred to as "the Chairman"). The Chairman shall be appointed within two three months from the date of appointment of the other two arbitratorsmembers.
(4. ) If within the period periods specified in paragraph 3 (3) of this Article either Contracting Party party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanChairman, a request may be made to the President of the International Court of Justice to make the appointmentappointments. If he is happens to be a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-Vice- President shall be invited to make the appointmentappointments. If the Vice-President also is happens to be 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 seniority: who is not a national of either Contracting Party shall be invited to make the appointmentappointments.
(5. ) The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and binding. Each contracting Contracting Party shall bear the costs cost of its own arbitrator and its counsel in the arbitral proceedings, Proceedings; the costs cost of the chairman President and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal arbitral tribunal shall determine its own procedureprocedures.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes between the two Contracting Parties regarding the interpretation or the application of this Agreement the Contracting Parties Agreement, shall try to settle the dispute be settled amicably.
2. If the a dispute under paragraph (1) of this Article cannot be settled in a such manner within six months, it shallshall be submitted, upon the request of either of the Contracting PartyParties, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal shall Such a special arbitral tribunal should be constituted in the following wayformed as follows: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The , and these two arbitrators will choose shall agree on a national citizen of a third State who, on the approval by the two Contracting Parties, shall act country as chairman of the Tribunal (hereinafter referred to as "the Chairman")their President. The Chairman shall These arbitrators should be appointed within two (2) months from of the date of appointment of on which one party notified the other party of its intention to submit the dispute to an arbitral tribunal, provided that its President is appointed within two arbitrators(2) other months.
4. If within the period specified periods indicated in paragraph 3 (3) of this Article are not observed, then, in the absence of any other relevant arrangement, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments. If he the President of the International Court of Justice is a national citizen of either of the two Contracting Party Parties, or if he is otherwise prevented from discharging performing the said functionaforementioned task, then the Vice-President shall must be invited to make the appointment. If the Vice-President also appointments, and if he is a national of either Contracting Party or is prevented from discharging the said functionunable to do so, the member of the International Court of Justice next in who follows by seniority who is not a national of either Contracting Party shall must be invited to make the appointmentnecessary appointments under the same conditions.
5. The Arbitral Tribunal tribunal will set the rules for its procedures.
6. The arbitral tribunal shall reach make its decision by virtue of the current Agreement and under the rules of international law, and take its decision by a majority of votes, such and the decision shall will be final and binding.
7. Each contracting Contracting Party shall bear the costs of its own arbitrator member and its counsel be legally represented in the arbitral arbitration proceedings, the . The costs of the chairman President and the remaining costs shall be borne in equal parts equally by both Contracting Parties. The Tribunal mayHowever, however, the tribunal may specify in its decision direct that a higher proportion another distribution of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedurecosts.
Appears in 1 contract
Settlement of Disputes between Contracting Parties. (1. Should ) The Contracting Parties shall endeavour to settle amicable any dispute arise concerning the interpretation or application and implementation of this Agreement the Contracting Parties shall try to settle the dispute amicablyby negotiations through diplomatic channels.
(2. ) If the dispute difference cannot thus be settled in a such manner it shallwithin six months following the date of notification of the difference, upon the request of either Contracting Party, be submitted Party may submit it to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be formed by three members and shall be constituted in the following wayas follows: within two months of the receipt of written notification by a Contracting Party requesting for arbitration from the request for arbitrationother Contracting Party, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose members shall then, within thirty days of the appointment of the last one, agree upon a third member who shall be a national of a third State who, on the approval by the two Contracting Parties, country and who shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Contracting Parties shall appoint the Chairman shall be appointed within two months from the date thirty days of appointment of the other two arbitratorsthat persons nomination.
(4. If ) If, within the period specified time limits provided for in paragraph 3 (2) and (3) of this Article the required appointment has not been made or the required approval has not been given, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a may request may be made to the President of the International Court of Justice to make the necessary appointment. If he the President of the International Court of Justice is prevented from carrying out the said function or if that person is a national of either Contracting Party or if he is otherwise prevented from discharging Party, the said function, appointment shall be made by the Vice-President shall be invited to make President, and if the appointment. If the Vice-President also latter is prevented or if that person is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party Party.
(5) The Chairman of the Tribunal shall be invited to make the appointmenta national of a third country which has diplomatic relations with both Contracting Parties.
5(6) The arbitral tribunal shall reach its decisions taking into account the provisions of this Agreement, the principles of international law on this subject and the generally recognised principles of international law. The Arbitral Tribunal shall reach its decision decisions by a majority of votes, such decision vote and shall be final and binding. determine its procedure.
(7) Each contracting Contracting Party shall bear the costs cost of the arbitrator it has appointed and of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. Parties unless agreed otherwise.
(8) The Tribunal may, however, in its decision direct that a higher proportion decisions of costs the arbitral tribunal shall be borne by one of the two Contracting final and binding on both Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled by the Government of the two Contracting Parties shall try to settle the dispute amicablythrough direct and meaningful diplomatic consultation and negotiations.
2. If the a dispute cannot thus be settled in a such manner settled, it shall, shall upon the request of either Contracting Party, Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitration tribunal.
3. The Arbitral Tribunal Such arbitration tribunal shall be constituted in the following wayfor each individual case as follows: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The member and these two arbitrators will choose members shall agree upon a national of a third State who, on as their chairman to be appointed by the approval by Governments of the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman Such members shall be appointed within two months, and such chairman shall be appointed within three months from the date of appointment of on which either Contracting Party has informed the other two arbitratorsContracting Party that it wants to submit the dispute to an arbitration tribunal.
4. If within the period periods specified in paragraph 3 of this Article above have not been observed either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other relevant arrangement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-Vice President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or if he, too, 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 appointmentnecessary appointments.
5. The Arbitral Tribunal arbitration tribunal shall reach its decision by a majority of votes, such votes and its decision shall be final and binding. Each contracting Contracting Party shall bear the costs cost of its own arbitrator member of the arbitration tribunal and costs of its counsel in the arbitral arbitration proceedings, ; the costs cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Tribunal maytribunal may decide on any alternative system to share the costs. In all other respects, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal arbitration tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. (1. Should any dispute ) The differences that may arise concerning between the Contracting Parties regarding the interpretation or application of this Agreement the Contracting Parties shall try present Agreement, shall, to settle the dispute amicablyextent possible, be settled by direct negotiations.
(2. ) If no agreement could be reached within six months following the dispute cannot be settled in a such manner it shalldate of notification of the difference, upon the request of either Contracting Party, be submitted Party may submit it to an ad Ad-hoc Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be formed by three members and shall be constituted in the following wayas follows: within the term of two months form the date of notification of the receipt of the request for arbitrationarbitration request, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose arbitrators, within the term of forty-five days from the appointment of the last one, shall agree upon a third member who shall be a national of a third State whocountry, on who will chair the approval by the two Contracting Parties, shall act as chairman Tribunal. The appointment of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed approved by the Contracting Parties within two months the term of thirty days from the date of appointment of the other two arbitratorsthat person's nomination.
(4. If ) If, within the period specified time limits provided for in paragraph 3 (3) of this Article Article, the required appointment has not been made or the required approval has not been given, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a may request may be made to the President of the International Court of Justice to make the necessary appointment. If the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party Party, the appointments shall be made by the Vice-President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentappointments.
(5. ) The Arbitral Tribunal shall reach its decision decisions on the basis of the provisions of this Agreement, the principles of International Law on this subject and the General Principles of Law as recognized by the Contracting Parties. The Tribunal shall reach its decisions by a majority of votes, such decision votes and shall be final and binding. determine its own proceeding rules.
(6) Each contracting Contracting Party shall bear the costs cost of the respective arbitrator and those of its own arbitrator and its counsel representation in the arbitral proceedings, the costs . The cost of the chairman Chairman and the remaining costs of the proceedings shall be borne in equal parts by the Contracting Parties unless agreed otherwise.
(7) The decisions of the Arbitral Tribunal shall be final and binding on both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning Disputes between Contracting Parties regarding the interpretation or and application of the provisions of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled by consultation and negotiation through diplomatic channels.
2. If the dispute both Contracting Parties cannot be settled in a such manner it reach an agreement within six months after the Beginning of the dispute' between themselves, the latter shall, upon the written request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal arbitration tribunal which shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The an arbitrator and these two arbitrators will choose shall nominate a chairman who shall be a national of a third State whoState, on the approval by the two which maintains diplomatic relations with both Contracting Parties, shall act as chairman .
3. If one of the Tribunal (hereinafter referred Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to as "make that appointment within two months, the Chairman"). The Chairman arbitrator shall be appointed within two months from upon, the date request of appointment that Contracting Party by the President of the other two arbitratorsInternational Court of Justice.
4. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the period specified in paragraph 3 latter shall be appointed upon the request of this Article either Contracting Party shall not have appointed its arbitrator or by the two arbitrators shall not have agreed on President of the chairmanInternational Court of Justice.
5. If in the cases specified under paragraph 3 and 4 of this Article, a request may be made to the President of the International Court of Justice to make is prevented from carrying out the appointment. If said function, or if he is a national of either Contracting Party Party, the appointment shall be made by the Vicepresident. and if the latter is prevented or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentParty.
56. Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The Arbitral Tribunal tribunal shall reach its decision award by a majority of votes, such decision shall be .
7. The award of the tribunal is final and bindingbinding for each Contracting Party.
8. Each contracting Contracting Party shall bear the costs of its own arbitrator member of the tribunal and of its counsel representation in the arbitral proceedings, ; the costs of the chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Tribunal tribunal may, however, in its decision direct decide 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. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise concerning the interpretation or application Disputes arising between Contracting Parties out of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled amicably through negotiations and diplomatic channels.
2. If the dispute canhas not be been settled in a within six months following the date on which such manner it shall, upon the request of negotiations were requested by either Contracting PartyParty and unless the Contracting Parties otherwise agree in writing, be submitted either Contracting Party may, by written notice to the other Contracting Part, submit the dispute to an ad hoc Arbitral Tribunal arbitral tribunal in accordance with the provisions of this Article.following provisions:
3. a. The Arbitral Tribunal arbitral tribunal shall be constituted in the following wayas follows: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The member to the tribunal and then these two arbitrators will choose members of the tribunal shall agree upon a national of a third State who, on state as the approval Chairman of the arbitral tribunal to be appointed by the two both Contracting Parties, shall act as chairman . The members of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman tribunal shall be appointed within two months months, and the Chairman of the tribunal within four months, from the date of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article on which either Contracting Party shall has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal;
b. If the periods specified above have not have appointed its arbitrator or been complied with, either Contracting Party may, in the two arbitrators shall not have agreed on the chairman, a request may be made to absence of any other arrangements invite the President of the International Court of Justice to make the appointmentnecessary appointments. If he the President of the International Court of Justice 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 shall be invited to make the appointmentnecessary appointments. If the Vice-President also of the International Court of Justice is a national of either Contracting Party or if he, too, 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 and is not prevented from discharging the said function shall be invited to make the appointment.necessary appointments provided that the appointed members of tribunal should be nationals of a country both Contracting Parties have diplomatic relations with;
5. c. The Arbitral Tribunal arbitral tribunal shall reach take its decision by a majority of votes, such . Such decision shall be final made in accordance with the norms of international law and bindingshall be binding on both Contracting Parties. Each contracting Contracting Party shall bear the costs expenses of the member of the arbitral tribunal it has appointed, as well as the expenses for its own arbitrator and its counsel representation in the arbitral arbitration proceedings, the costs . The cost of the chairman and Chairman of the remaining arbitral tribunal as well as other costs shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting PartiesParty. The Arbitral Tribunal In all other respects, the arbitral tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. (1. Should any ) Any dispute arise between Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, if possible be settled through diplomatic channels.
(2. ) If the dispute cannot thus be settled in a such manner within six months from the beginning of the negotiations, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitration tribunal.
(3. ) The Arbitral Tribunal arbitration tribunal shall be constituted in the following way: within two months of the receipt of the request for arbitration, each ad hoc as follows. Each Contracting Party shall appoint one arbitrator. The , and these two arbitrators will choose shall agree upon a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman")chairman. The Chairman arbitrators shall be appointed within two three months and the chairman within five months from the date of appointment of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitration xxxxxxxx.xx hoc as follows. Each Contracting Party shall not have appointed its arbitrator or the appoint one arbitrator, and these two arbitrators shall agree upon a national of a third State as chairman. The arbitrators shall be appointed within three months and the chairman within five months from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitration tribunal.
(4) If one of the Contracting Parties fails to appoint its arbitrator and has not have agreed on proceeded to do so within the chairmanspecific period, a request the other Contracting Party may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointments. If he the two arbitrators are unable to reach an agreement, in the specified period, on the choice of the third arbitrator, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointments.
(5) If, in the cases provided for in the fourth paragraph of the present Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice-President shall be invited to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, function or is a national of either Party the most senior member of the International Court of Justice next in seniority available who is not a national of either Contracting Party shall be invited to make necessary appointments.fourth paragraph of the appointmentpresent Article, the President of the International Court of Justice is prevented from discharging the said function 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 Party the most senior member of the Court available who is not a national of either Party shall be invited to make necessary appointments.
5. (6) The Arbitral Tribunal arbitration tribunal shall decide on the basis of respect for the international law, including particularly the present Agreement and other relevant agreements existing between the two Contracting Parties and the generally acknowledged rules and principles of international law.
(7) Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure.
(8) The tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and binding. binding on the Contracting Parties.
(9) Each contracting Contracting Party shall bear the costs cost of the arbitrator appointed by itself and of its own arbitrator and its counsel in the arbitral proceedings, the costs representation. The cost of the chairman and as well as the remaining other costs shall will be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, as far as possible, be settled by consultation and negotiations through diplomatic channel.
2. If the a dispute cannot thus be settled in a such manner within nine months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal Such ad hoc arbitral tribunal shall be constituted in the following way: within comprise of three arbitrators. Within two months of from the receipt of date on which either Contracting Party receives the request written notice requesting for arbitrationarbitration from the other Contracting Party, each Contracting Party shall appoint one arbitrator. The These two arbitrators will choose shall, within four months from such date, agree upon a national of a third State who, on state which has diplomatic relations with both Contracting Parties as their Chairman.
4. If the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed []arbitral tribunal has not been constituted within two four months from the date of appointment the receipt of the other two arbitrators.
4. If within the period specified in paragraph 3 of this Article written notice for arbitration, either Contracting Party shall not have appointed its arbitrator or may, in the two arbitrators shall not have agreed on the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary appointment(s). If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointment. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the next most senior 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 appointmentnecessary appointment(s).
5. The Arbitral Tribunal arbitral tribunal shall determine its own procedure. The tribunal shall reach its decision award in accordance with the provisions of this Agreement and the principles of international law recognised by both Contracting Parties.
6. The tribunal shall reach its award by a majority of votes, such decision . Such award shall be final and bindingbinding on both Contracting Parties. The ad hoc arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
7. Each contracting Contracting Party shall bear the costs cost of its own appointed arbitrator and of its counsel representation in the arbitral proceedings, the . The relevant costs of the chairman Chairman and the remaining costs tribunal shall be borne in equal parts by both the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs arbitral tribunal shall be borne free to make an alternative provision concerning costs.
8. The arbitral tribunal shall hold meetings in a neutral state to be mutually agreed by one of the two both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute Any disputes that may arise concerning the interpretation or application of this Agreement between the Contracting Parties concerning this agreement, shall try to settle the dispute amicablybe settled, as far as possible, by consultation through diplomatic channel.
2. If Contracting Parties do not reach an agreement within a period of six months after the dispute cannot be settled in occurrence of a such manner dispute, it shall, upon at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions arbitral tribunal to be composed of this Article.
3. The Arbitral Tribunal shall be constituted 3 members in the following way: within two months procedure;
1) Within 60 days of the receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator. The two arbitrators will choose a national of a third State whoarbitrator and the Two appointed arbitrators, on the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months 60 days from the date of Appointment or according to agreement, shall nominate a National of a third country having diplomatic relations with Both Contracting parties.
2) Within 60 days from the date of the appointment of the other two arbitratorsthird arbitrator, the Contracting Parties shall recognize the third arbitrator as Chairperson of the arbitral tribunal.
43. If the necessary appointment or approval have not been made as appropriate within the period periods specified in paragraph 3 2 of this Article article, either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairman, a request may be made to the President of the International Court of Justice to make for the appointmentrelevant appointments. If he the president of International Court of Justice is a national of either Contracting Party or if he he/she is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointmentappointment of necessary members. If the Vice-President also is a national of either Contracting Party or is also prevented from discharging the said function, the next most senior 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 appointmentnecessary appointment of necessary members.
54. The Arbitral Tribunal arbitral tribunal shall work in accordance with the articles of this Agreement and other agreements between the Contracting Parties and based on the principles of the prevailing international laws. The arbitral tribunal shall reach its decision by a majority of votes, such decision . The decisions of the arbitral tribunal shall be final and bindingbinding upon each Contracting Party.
5. Each contracting Contracting Party shall bear the costs cost of its own arbitrator and its counsel in the arbitral proceedings, the participation. CD The costs of the chairman chairperson and the remaining other costs shall be borne in equal parts by both the Contracting PartiesParlies. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.Qual parts
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Should any dispute arise Disputes between the Contracting Parties concerning the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablyshall, if possible, be settled through consultations or diplomatic channels.
2. If the any dispute cannot be settled in a such manner within six (6) months, it shall, upon at the request of either Contracting Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Such an Arbitral Tribunal shall be constituted for each individual case in the following way: within Within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the Tribunal. The These two arbitrators will choose members shall then select a national of a third State whoState, who on the approval by of the two Contracting Parties, Parties shall act as chairman be appointed Chairman of the Tribunal (hereinafter referred to as "the Chairman")Tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two arbitratorsmembers.
4. If the necessary appointments have not been made within the period periods specified in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the two arbitrators shall not have agreed on the chairmanArticle, a request may be made by either Contracting Party to the President of the International Court of Justice to make the appointmentsuch appointments. If he the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-Vice- President shall be invited to make the appointmentappointments. If the Vice-President is also is a national of either Contracting Party or is prevented from [rom discharging the said function, the member member, next in seniority, of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointmentappointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes, such . Such decision shall be final and bindingbinding on both Contracting Parties.
6. The Arbitral Tribunal shall determine its own procedure.
7. Each contracting Contracting Party shall bear the costs of its own arbitrator and and_ its counsel representation in the arbitral proceedings, the . The costs of the chairman Chairman and the any remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Settlement of Disputes between Contracting Parties. 1. Should any Any dispute arise concerning between the Contracting Parties relating to the interpretation or application of this Agreement the Contracting Parties shall try to settle the dispute amicablybe settled through diplomatic channels.
2. If the dispute cannot two Contracting Parties are unable to settle it within six (6) months from the date of the beginning of negotiations, it shall be settled in a such manner it shallsubmitted, upon at the request of either one of the Contracting PartyParties, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articlearbitration tribunal.
3. The Arbitral Tribunal arbitral tribunal referred to in paragraph 2. of this Article shall be constituted for each particular case in the following waymanner: each Contracting Party shall designate one arbitrator within two three (3) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The arbitration and the two arbitrators will choose shall designate, by common agreement, within two (2) months, a third arbitrator who shall be a national of a third State who, on the approval by the two Contracting Parties, shall act as chairman of the Tribunal (hereinafter referred to as "the Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two arbitratorschairman.
4. If the Arbitral Tribunal is not constituted within the period specified time limits referred to in paragraph 3 of this Article either Contracting Party shall not have appointed its arbitrator or the preceding paragraph, the two arbitrators shall not have agreed on Contracting Parties may, in the chairmanabsence of any other agreement, a request may be made to invite the President of the International Court of Justice to make the appointmentnecessary designations. If he the President of the International Court of Justice is a national of either one of the Contracting Party Parties or if he is otherwise prevented for any other reason from discharging the said functionperforming this task, the Vice-President of the International Court of Justice shall be invited requested to make the appointmentnecessary appointments. If the Vice-President also is a national of either Contracting Party or is prevented from discharging the said function, the member of the International Court of Justice next is a national of one of the Contracting Parties or is also prevented from carrying out the said task, the Member of the International Court of Justice succeeding him in seniority the order of precedence who is not a national of either one of the Contracting Party Parties shall be invited requested to make the appointmentnecessary appointments.
5. The arbitral tribunal shall act in accordance with the provisions of this Agreement and with the recognized principles and rules of international law. The Arbitral Tribunal shall reach take its decision decisions by a majority of votes, votes and such decision decisions shall be final and binding. Each contracting Party shall bear the costs of its own arbitrator and its counsel in the arbitral proceedings, the costs of the chairman and the remaining costs shall be borne in equal parts by binding on both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties. The Arbitral Tribunal shall determine its own procedureprocedural rules.
6. Each Contracting Party shall bear the costs of the arbitrator appointed by it, as well as the costs relating to his representation during the arbitration proceedings. The costs relating to the chairman and to the arbitration proceedings shall be borne equally by both Contracting Parties, unless the Arbitral Tribunal decides that one of the Contracting Parties shall bear a substantial part of the costs.
Appears in 1 contract
Samples: Investment Protection Agreement