Settlement of Disputes between Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled with consultation through diplomatic channel. 2. If a dispute cannot thus be settled within six months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of three arbitrators. Within two months of the receipt of the written notice requesting arbitration, each Contracting Party shall appoint one arbitrator. Those two arbitrators shall, within further two months from both of them are appointed, together select a national of a third State having diplomatic relations with both Contracting Parties as Chairman of the arbitral tribunal. 4. If the arbitral tribunal has not been constituted within four months from the receipt of the written notice requesting arbitration, 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 is otherwise prevented from discharging the said functions, the 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 such necessary appointments. 5. The 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 award by a majority of votes. Such award shall be final and binding 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 shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Contracting Parties.
Appears in 3 contracts
Samples: Investment Agreement, Investment Promotion and Protection Agreement, Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Any dispute arising between the Contracting Parties concerning the interpretation or application performance of this Agreement shallshall be settled, as far as to the extent possible, be settled with consultation through diplomatic channelchannels.
2. If a the dispute cannot thus be settled in this way within six months6 months of the commencement of negotiations, it shall, upon at the request of either Contracting Party, be submitted to an ad hoc arbitral tribunal.
3. Such The arbitration tribunal comprises of three arbitrators. Within two months of the receipt of the written notice requesting arbitration, shall be constituted as follows: each Contracting Party shall appoint one arbitrator. Those arbitrator and these two arbitrators shall, within further two months from both of them are appointed, together select shall choose a national citizen of a third State having diplomatic relations with both as chairman. The arbitrators shall be appointed within three months, and the chairman within five months, from the date on which either Contracting Parties as Chairman Party informs the other Contracting Party of its intention to submit the dispute to an arbitral tribunal.
4. If the arbitral tribunal has necessary appointments have not been constituted made within four months from the receipt time limits provided for in paragraph 3 of the written notice requesting arbitrationthis Article, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President of the International Court of Justice is unable to perform such function or is a national of either any of the Contracting Party Parties, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is unable to perform such function or is otherwise prevented from discharging a national of any of the said functionsContracting Parties, the designations shall be made by the Member of the International Court of Justice next in seniority who is not a national of either any of the Contracting Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointmentsParties.
5. The arbitral tribunal shall render its decision on the basis of the rules contained in this Agreement or in other agreements in force between the Contracting Parties, and on the universally recognized principles of international law.
6. Except to the extent that the Parties agree otherwise, the 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 award by a majority of votes. Such award shall be final and binding 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 shall bear the costs expenses and fees of its appointed the arbitrator whose appointment corresponds to it and of those related to its representation in arbitral the arbitration proceedings. The relevant costs fees and expenses of the Chairman chairman and other expenses of the tribunal shall be borne in equal parts equally by the Contracting Parties.
Appears in 2 contracts
Samples: Reciprocal Promotion and Protection of Investments Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled with consultation through diplomatic channel.
2. If a dispute cannot thus be settled within six months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc arbitral tribunal.
3. Such tribunal comprises of three arbitrators. Within two months of the receipt of the written notice requesting arbitration, each Contracting Party shall appoint one arbitrator. Those two arbitrators shall, shall within further two months from both of them are appointed, appointed together select a national of a third State having diplomatic relations with both Contracting Parties as Chairman of the arbitral tribunal.
4. If the arbitral tribunal has not been constituted within four months from the receipt of the written notice requesting arbitration, 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 is otherwise prevented from discharging the said functions, the 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 such necessary appointments.
5. The 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 award by a majority of votes. Such award shall be final and binding 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 shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and 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. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, shall as far as possible, possible be settled with consultation by the Governments of the two Contracting Parties through diplomatic channelconsultations and negotiations.
2. If a dispute cannot thus be settled within six monthssettled, it shall, shall upon the request of either Contracting Party, Party be submitted to an ad hoc arbitral arbitration tribunal.
3. Such arbitration tribunal comprises of three arbitrators. Within two months of the receipt of the written notice requesting arbitration, shall be constituted for each individual case as follows: each Contracting Party shall appoint one arbitrator. Those member and these two arbitrators shall, within further two months from both of them are appointed, together select members shall agree upon a national of a third State having diplomatic relations with both Contracting Parties as Chairman their chairman to be appointed by the Governments of the arbitral two Contracting Parties. Such members shall be appointed within two months, and such chairman shall be appointed within three months from the date on which either Contracting Party has informed the other Contracting Party that it wants to submit the dispute to an arbitration tribunal.
4. If the arbitral tribunal has periods specified in paragraph 3 above have not been constituted within four months from the receipt of the written notice requesting arbitration, observed either Contracting Party may, in the absence of any other agreementrelevant arrangement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionsfunction, the Member Vice President shall 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 or is not otherwise prevented from discharging shall make the said functions shall be invited to make such necessary appointments.
5. The arbitral tribunal shall determine its own procedure. The arbitral arbitration 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 award decision by a majority of votes. Such award votes and its decisions shall be final and binding upon both Contracting Parties. The arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
7binding. Each Contracting Party shall bear the cost of its own member of the arbitration tribunal and the costs of its appointed arbitrator and of its representation counsel in arbitral the arbitration proceedings. The relevant costs , the cost of the Chairman chairman and tribunal the remaining costs shall be borne in equal parts by the both Contracting Parties. The tribunal may decide on any alternative system to share the costs. In all other respects, the arbitration tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, shall be settled with consultation through to the extent possible by diplomatic channelnegotiations.
2. If a dispute under paragraph 1 of this article cannot thus be settled within six months, it shallshall be submitted, upon at the request of either one of the Contracting PartyParties, be submitted to an ad hoc arbitral tribunaltribunal of three members.
3. Such This arbitral tribunal comprises of three arbitratorsshall be constituted ad hoc. Within two months of the receipt of the written notice requesting arbitration, each Each Contracting Party shall appoint one arbitrator. Those member and these two arbitrators shall, within further two months from both members shall agree on the name of them are appointed, together select a national of a third State having diplomatic relations with both State. These members shall be appointed within two months from the date on which a Contracting Parties as Chairman Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within a further two-month period.
4. If the arbitral tribunal has time-limits provided for in paragraph 3 of this Article are not been constituted within four months from the receipt of the written notice requesting arbitrationcomplied with, either Contracting Party may, in the absence of any other agreementrelevant arrangements, invite the President of the International Court of Justice to make any the necessary appointments. If the President of the International Court of Justice is a national of either one of the Contracting Party Parties or is otherwise prevented from discharging exercising the said functionsoffice, the Vice-President or, if he is prevented from so doing, the Member of the International Court of Justice next in seniority who is not should be invited under the same conditions to make the necessary appointments. The judge appointed should be a national of either a State which maintains diplomatic relations with the Contracting Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointmentsParties.
5. The arbitral tribunal Arbitral Tribunal shall determine draw up its own procedure. The arbitral tribunal shall reach its award in accordance with rules of procedure unless the provisions of this Agreement and the principles of international law recognized by both Contracting PartiesParties decide otherwise.
6. The arbitral tribunal shall reach take its award decision under this Agreement and in accordance with the rules of international law. It shall take its decision by a majority of votes. Such award ; the decision shall be final and binding upon both Contracting Parties. The arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its awardbinding.
7. Each Contracting Party shall bear the costs of its appointed arbitrator own member and of its legal representation in arbitral the arbitration proceedings. The relevant costs of the Chairman chairman and tribunal the remaining costs shall be borne in equal parts equally by the two Contracting Parties. However, the Tribunal may, in its award, determine a different apportionment of costs.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between Contracting Parties. 1. Any dispute Disputes between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shallagreement should, as far as if possible, be settled with consultation through diplomatic channelchannels.
2. If a dispute cannot thus be settled within six monthsmonths from the date of notification of the dispute, it shallis not resolved, upon it shall be submitted, at the request of either Contracting Party, be submitted to an ad hoc arbitral tribunalcourt of arbitration in accordance with the provisions of this article.
3. Such tribunal comprises The Tribunal shall consist of three arbitrators. Within members and set up in the following way: within two months from the date of the receipt of the written notice requesting request for arbitration, each Contracting Party shall appoint one an arbitrator. Those those two arbitrators shallarbitrators, within further two months from both in the month following the nomination of them are appointed, together select the last shall designate by common agreement the third member who shall be a national of a third State having diplomatic relations with both Contracting Parties as country and who shall be appointed Chairman of the arbitral tribunalTribunal.
4. If the arbitral tribunal has periods specified in paragraph 3 above have not been constituted within four months from the receipt of the written notice requesting arbitrationmade, either Contracting Party mayParty, in the absence of any other agreement, invite the President Secretary General of the International Court of Justice United Nations to make any the necessary appointments. If if the President Secretary-General is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionsexercising this function, the Member of Under-Secretary- General the International Court of Justice next in seniority oldest and who is not a national of either Contracting Party or is not otherwise prevented from discharging shall make the said functions shall be invited to make such necessary appointments.
5. The arbitral tribunal President of the Tribunal shall determine its own procedurebe a national of a third State with which both contracting parties maintain diplomatic relations.
6. The arbitral tribunal shall reach render its award in accordance with decision on the basis of the provisions of this Agreement and the principles of international law recognized by both Contracting Parties.
6. The arbitral tribunal shall reach its award law, and by a majority of votes. Such award it shall be final and binding upon both Contracting Parties. The arbitral tribunal shall, upon the request determine its own rules of either Contracting Party, explain the reasons of its awardprocedure.
7. Each Contracting Party shall bear the costs cost of the arbitrator of its appointed arbitrator and of business, as well as the costs for its representation in arbitral the arbitration proceedings. The relevant the business of the Chair and the other costs of the Chairman and tribunal proceedings shall be borne in equal parts shared equally by the contracting parties unless they shall take other provisions.
8. The decisions of the Tribunal are final and binding on both contracting parties. the Tribunal shall interpret the award at the request of either Contracting PartiesParty.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled with consultation through diplomatic channelchannels.
2. If a dispute cannot thus be settled within six months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc arbitral tribunal.
3. Such tribunal comprises shall comprise of three arbitrators. Within two months of the receipt of the written notice requesting arbitration, each Contracting Contracting, Party shall appoint one arbitrator. Those two arbitrators shall, within further two months from both of them are appointedmonths, together select a national of a third State having diplomatic relations with both Contracting Parties as Chairman of the arbitral tribunal.
4. If the arbitral tribunal has not been constituted within four months from the receipt of the written notice requesting arbitration, 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 is otherwise prevented from discharging the said functions, the 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 such necessary appointments.
5. The 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 award by a majority of votes. Such award shall be final and binding 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 shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Contracting Parties.,
Appears in 1 contract
Samples: Investment Protection Agreement