Common use of Settlement of Disputes between Contracting Parties Clause in Contracts

Settlement of Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both Contracting Party cannot reach an agreement within twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three 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) 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, the 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 after their appointment, the 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 under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented form Carrying out the said function or if he is a citizen of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is .a citizen of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not citizen of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. (7) Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitral proceedings. The cost of the chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) The decisions of the tribunal are final and biding for each Contracting Party.

Appears in 9 contracts

Samples: Investment Promotion and Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

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Settlement of Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both Contracting Party Parties cannot reach an agreement within twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a citizen national of a third State. (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, the arbitrator shall be appointed upon the request of that the 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 after their appointment, the 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 under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented form Carrying from carrying out the said function or if he is a citizen national of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is .a citizen a national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not citizen a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal shall reach its decisions by majority of votes. (7) Each Contracting Party shall bear the cost costs of its own member of the arbitrator it has appointed tribunal and of its representation in the arbitral proceedings. The cost ; the costs of the chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, 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. (8) The decisions of the tribunal are final and biding binding for each Contracting Party.

Appears in 4 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Agreement

Settlement of Disputes between Contracting Parties. (1) . Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) . If both Contracting Party Parties cannot reach an agreement within twelve six months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a citizen national of a third State. (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, the 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 after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International international Court of Justice. (5) . If, in the cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented form Carrying from carrying out the said function or if he is a citizen national of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is .a citizen a national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not citizen a national of either Contracting Party. (6) . Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. (7) . Each Contracting Party shall bear the cost of its own member of the arbitrator it has appointed tribunal and of its representation in the arbitral proceedings. The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by 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. (8) 8. The decisions of the tribunal are final and biding binding for each Contracting Party.

Appears in 3 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between Contracting Parties. (1) Disputes between 1 . The Contracting Parties regarding shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the interpretation or application of this Agreement. In this regard, the provisions of this Agreement shall be settled through diplomatic channels. (2) Contracting Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If both the Contracting Party Parties cannot reach an agreement within twelve six months after the beginning of dispute between themselves through the foregoing procedure, the dispute between themselves, the latter shallmay be submitted, upon the request of either Contracting Party, be submitted to an arbitral tribunal of three members. 2 . Each Within two months of receipt of a request, each Contracting Party shall appoint one an arbitrator, and these . The two arbitrators shall nominate select a chairman third arbitrator as Chairman, who shall be is a citizen national of a third State. (3) If one of . In the event either Contracting Parties has not appointed its Party fails to appoint an arbitrator and has not followed within the invitation of specified time, the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the may request of that Contracting Party by the President of the International Court of JusticeJustice to make the appointment. (4) 3 . If both arbitrators cannot reach an agreement about the choice of the chairman Chairman within two months after their appointment, the latter Chairman shall be appointed upon the request of either Contracting Party by the President president of the International Court of Justice. (5) If, 4 . If in the cases specified under paragraphs (3) 2 and (4) 3 of this Article, the President of the International Court of Justice is prevented form Carrying from carrying out the said function or if he is a citizen national of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter Vice-President is prevented from carrying out the said function or if he is .a citizen a national of either Contracting Party, the appointment shall be made by the most senior Judge member of the Court who is not citizen a national of either Contracting Party. (6) Subject 5 . The tribunal shall have three months from the date of the selection of the Chairman to agree upon the 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 recognized rules of international arbitral procedure. 6 . Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the date of selection of the third arbitrator, and the tribunal shall render its decision within two months after the date of the final submissions or on the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes. 7 . Expenses incurred by the Chairman, the other arbitrators, and other costs of proceedings shall be paid for equally by the Contracting Parties. The tribunal may, the tribunal shall determine however, at its procedure. (7) Each Contracting Party shall bear the cost discretion, decide that a higher proportion of the arbitrator it has appointed and costs be paid by one of its representation in the arbitral proceedings. The cost of the chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) The decisions 8 . A dispute shall not be submitted to an international arbitration court under the provisions of this Article, if the tribunal are final same dispute has been brought before another international arbitration court under the provisions of Article 10 and biding for each is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Contracting Party.Parties

Appears in 2 contracts

Samples: Investment Promotion and Protection Agreement, Investment Agreement

Settlement of Disputes between Contracting Parties. (1) . Disputes between Contracting Parties contracting parties regarding the interpretation or application of the provisions of this Agreement shall be settled through by diplomatic channelsmeans. (2) . If both Contracting Party the contracting parties cannot reach an agreement within twelve six months after the beginning of the dispute between themselvesshall be submitted, at the latter shall, upon request of either Contracting Party, be submitted party to an arbitral tribunal composed of three members. Each Contracting Party shall appoint one arbitrator, arbitrator and these the two arbitrators so nominated shall nominate a chairman who shall appoint the Chairman of the Tribunal, whichwill be a citizen national of a third State. (3) . If one of the Contracting Parties has not appointed its arbitrator and has do not followed answer to the invitation of the other Contracting Party contracting party to make that appointment within two months, the arbitrator shall be appointed upon the request of that the latter 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 Chairman within two months after their appointment, appointment the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, . If in the cases specified under provided for in the paragraphs (3) and (4) of this Articlearticle, the President of the International Court of Justice is prevented form Carrying from carrying out the said function or if he the appointment of either Contracting Party shall be made by the Vice- President and if the latter is prevented or if it is a citizen national of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is .a citizen of either Contracting Party, the appointment shall be made by the most senior Judge judge of the Court of greater seniority who is not citizen a national of either Contracting Party. (6) Subject to other provisions made by of the Contracting Parties, the . 6. The arbitral tribunal shall determine reach its procedure. (7) decision by a majority of votes. Each Contracting Party shall bear the cost costs of the its arbitrator it has appointed and of its representation in the arbitral proceedings. The cost of the chairman Chairman and the remaining costs shall be borne in principle in equal parts by the Contracting Partiescontracting parties. (8) 7. The Tribunal itself determinará-su procedure. 8. The decisions of the tribunal Tribunal are final and biding for each Contracting Partybinding on the contracting parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between Contracting Parties. (1) . Disputes between the Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channelsDiplomatic Channels. (2) If both . Where the Contracting Party Parties cannot reach an agreement within twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal Arbitral Tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman Chairman who shall be a citizen of a third StateState with whom both Contracting Parties have diplomatic relations. (3) If . Where 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, the arbitrator with whom both Contracting Parties have diplomatic relations shall be appointed upon the request of that the latter Contracting Party by the President of the International Court of Justice. (4) If . Where both arbitrators cannot reach an agreement about the choice of the chairman Chairman within two months after their appointment, appointment and in the absence of any other Agreement the latter with which both Contracting Parties have diplomatic relations shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If, . Where in the cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented form Carrying out the said function or if he is a citizen of either Contracting PartyParty or is otherwise prevented from carrying out the said function, the appointment shall be made by the Vice-Vice President, and if . Where the latter Vice President is prevented or if he is .a a citizen of either Contracting PartyParty or is otherwise prevented from discharging the said function, the appointment shall be made by the most senior Judge judge of the Court who is not a citizen of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal . The Tribunal shall determine its procedure. (7) . Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitral proceedings. The cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) 8. The decisions of the tribunal Tribunal are final and biding for each binding on the Contracting PartyParties.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Settlement of Disputes between Contracting Parties. (1) . Disputes between the Contracting Parties regarding concerning the interpretation or application of the provisions of this Agreement shall shall, as far as possible, be settled through diplomatic channelsby consultation or negotiation. (2) . If both Contracting Party cannot reach an agreement within twelve months after the beginning of the dispute between themselvescan not be settled within six months, it may, at the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal in accordance with the provisions of three membersthis Article. 3. Each The arbitral tribunal shall be constituted on a case-by-case basis as follows: Within two months of receiving the request for arbitration, each Contracting Party shall appoint one arbitratordesignate a member of the tribunal. These two members will then choose a third-country national who, and these two arbitrators shall nominate a chairman who with the approval of both Contracting Parties, will be appointed President of the tribunal (hereafter referred to as the President). The President shall be a citizen of a third State. (3) If one appointed within three months of the Contracting Parties has not appointed its arbitrator and has not followed the invitation date of appointment of the other Contracting Party to make that appointment two members. 4. If, within two monthsthe periods specified in paragraph 3 of this article, the arbitrator shall necessary appointments have not been made, a request may 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 after their appointment, the 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 under paragraphs (3) and (4) of this Article, made to the President of the International Court of Justice is prevented form Carrying out to make the said function or if appointments. If he is a citizen national of either one of the Contracting PartyParties or is otherwise prevented from doing so, the appointment shall be made by the Vice-President, and if President shall be invited to make the latter appointments. If the Vice-President is also a national of one of the Contracting Parties or prevented or if he is .a citizen of either Contracting Partyfrom performing this function, the appointment shall be made by the most senior Judge of the Court next International Judge-in-office member who is not citizen a national of either one of the Contracting PartyParties shall be invited to make the appointments. (6) Subject to other provisions made by the Contracting Parties, the 5. The arbitral tribunal shall determine take its procedure. (7) decisions by a majority of votes. These decisions will be binding. Each Contracting Party shall bear the cost costs of its own arbitrator and those of his representation in arbitration proceedings: the expenses of the arbitrator it has appointed President and of its representation in the arbitral proceedings. The cost of the chairman and the remaining costs other expenses shall be borne in equal parts by the both Contracting Parties. The arbitral tribunal will determine its own procedure. (8) The decisions of the tribunal are final and biding for each Contracting Party.

Appears in 1 contract

Samples: Investment Agreement

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Settlement of Disputes between Contracting Parties. (1) 1- Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) 2- If both Contracting Party Parties cannot reach an agreement within twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three 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) 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, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) 4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) 5- If, in the cases specified under paragraphs (3) 3 and (4) 4 of this Article, the President of the International Court of Justice is prevented form Carrying from carrying out the said function or if he is a citizen of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is .a a citizen of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not citizen of either Contracting Party. (6) 6- Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. (7) , 7- Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitral proceedings. The cost of the chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) The decisions of the tribunal are final and biding for each Contracting Party.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) If both Contracting Party Parties cannot reach an agreement within twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a citizen national of a third State. (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, the 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 after their appointment, the 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 under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented form Carrying from carrying out the said function or if he is a citizen national of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is .a citizen a national of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not citizen a national of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. (7) Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitral proceedings. The cost of the chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) The decisions of the tribunal are final and biding binding for each Contracting Party.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between Contracting Parties. (1) Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels., (2) If both Contracting Party Parties cannot reach an agreement within twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three 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) 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, the 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 after their appointment, the 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 under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented form Carrying from carrying out the said function or if he is a citizen of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is .a a citizen of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not citizen of either Contracting Party. (6) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure., (7) Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitral proceedings. The cost of the chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) The decisions of the tribunal are final and biding for each Contracting Party.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between Contracting Parties. (1) 1- Disputes between Contracting Parties regarding the interpretation or application of the provisions of this Agreement shall be settled through diplomatic channels. (2) 2- If both Contracting Party Parties cannot reach an agreement within twelve months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three 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) 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, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice. (4) 4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) 5- If, in the cases specified under paragraphs (3) 3 and (4) 4 of this Article, the President of the International Court of Justice is prevented form Carrying from carrying out the said function or if he is a citizen of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is .a a citizen of either Contracting Party, the appointment shall be made by the most senior Judge of the Court who is not citizen of either Contracting Party. (6) 6- Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. (7) 7- Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitral proceedings. The cost of the chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. (8) 8- The decisions of the tribunal are final and biding binding for each Contracting Party.

Appears in 1 contract

Samples: Investment Protection Agreement

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