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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments 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 form discharging the said function, the members 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 binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 62 contracts

Samples: Investment Protection Agreement, Investment Agreement, Investment Agreement

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Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Parties cannot be thus be settledsettled within six months, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then than select a national of a third State who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary the appointments. If the President is he happens to be 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 necessary appointments. If the vice- Vice-President is also happens to be a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Partiesbinding. Each Contracting Party shall bear the cost costs of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost costs of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal Arbitral Tribunal shall determine its won own procedure.

Appears in 19 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning regarding the interpretation or and application of the provisions of this Agreement should, if possible, shall be settled through diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settledfail to reach consensus within six months of the date of the dispute, it shall upon at the request of either any Contracting Party, the dispute shall be referred to the Arbitral Tribunal, including three members. Each Contracting Party be submitted to shall designate an arbitral tribunalarbitrator and the chosen arbitrators shall elect the President, who is a third country citizen who has diplomatic relations with both Contracting Parties. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of If a Contracting Party does not designate its arbitrator and disagrees with the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either Contracting Party mayto make such appointment within two months, in the absence of any other agreement, invite Contracting Party may request 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 implement the necessary appointments. 4. If both arbitrators fail to reach agreement on the vice- election of the President is a national of either within two months after their appointment, any Contracting Party or if he too is prevented form discharging may request the said function, the members President of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall be invited to make proceed with the necessary appointments. 5. The arbitral tribunal shall reach its decision by If in the circumstances specified in paragraphs 3 and 4 of this Article the President of the International Tribunal is unable to exercise the above function or he is a majority national of votes. Such decision a Contracting Party, the appointment shall be binding made by the Vice President. If the Vice President is not able to perform the corresponding function or is a national of a Contracting Party, the appointment shall be made by the next senior member of the International Court of Justice which is not a citizen of any Contracting Party. 6. The tribunal will make decisions on both the basis of respect for the law. During the trial until the tribunal issues a decision, the tribunal may request the Contracting Parties to resolve the dispute by means of conciliation. The foregoing provisions shall not preclude the settlement of a dispute if the Contracting Parties agree to resolve such dispute. 7. Without breaching other agreements between the Contracting Parties, the tribunal will establish its own rules of procedure. The court decides by majority vote. 8. Each Contracting Party shall bear the cost costs of its own member of arbitrator in the tribunal and its share of its representation in the arbitration proceedings. The costs of the President of the arbitral proceedings; the cost of the Chairman tribunal and the remaining cost shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of other costs shall be borne by one the Contracting Parties in equal portions. However, the Tribunal may determine a higher level of the two contribution to a Contracting Party and this decision is binding on Contracting Parties, . 9. The tribunal's decision is final and this award shall be binding on both the Contracting Parties. The tribunal shall determine its won procedure.

Appears in 18 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through the diplomatic channels. 2. If a the dispute between the contracting Parties cannot be thus be settledsettled within six month, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months month of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary the appointments. If the President is he happens to be 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 necessary appointments. If the vice- Vice-President is also happens to be a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The tribunal 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. The tribunal Arbitral Tribunal shall determine its won own procedure.

Appears in 17 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or and application of this Agreement shouldshall, if possible, be settled through diplomatic channelsconsultation and negotiation. 2. If within six months from the date on which either of the Contracting Parties has submitted a request in writing, the dispute between the contracting Parties canis not thus be settledgoverned, it shall upon be submitted at the request of either one of the Contracting Party be submitted Parties to an ad hoc arbitral tribunaltribunal in accordance with the provisions of this Article. 3. Such as The arbitral tribunal shall be constituted for each individual case in the following way. Within manner: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two three months from the date of appointment of the other two members. 4. If If, within the periods specified time limits laid down in paragraph 3 of this Article the necessary appointments have not Article, no designation has been made either Contracting Party maymade, in the absence of any other agreement, invite each of the Contracting Parties may request the President of the International Court of Justice to make any necessary appointmentsthe designation. If the President of the Court is a national of either one of the Contracting Party Parties or if for any other reason he is otherwise prevented from discharging unable to make the said functiondesignation, the Vice-Vice President of the Court shall perform this function. If the Vice President of the Court is a national of one of the Contracting Parties or if for any other reason he cannot make the appointment, the most senior member of the International Court of Justice who is not a national of one of the Contracting Parties 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 form discharging the said function, the members 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 appointmentsappointment. 5. The arbitral tribunal Arbitral Tribunal shall reach take its decision decisions by a majority of votes. Such decision vote and its decisions shall be binding on both binding. The two Contracting PartiesParties shall share the costs of their arbitral proceedings and of their representatives at the hearings. Each Contracting Party shall bear the cost of its own member The costs of the tribunal President and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost all other costs shall be borne in equal parts by shared equally between the Contracting Parties. The tribunal may, however, in Arbitral Tribunal shall establish 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 tribunal shall determine its won procedureown procedures.

Appears in 17 contracts

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

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through the diplomatic channelschannel. (2. ) If a dispute between the contracting Contracting Parties cannot thus be settledsettled within six(6) months, it shall upon the request of either Contracting Party be submitted to an arbitral tribunalArbitral Tribunal. (3. Such as arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two two(2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those two The appointed members shall then select a national of a third State who an who, on approval by of the two Contracting Parties Parties, shall be appointed Chairman of the tribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two two(2) months from the date of appointment of the other two members. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made made, either Contracting Party may, in the absence of any other agreementagreements, invite the President of the International Court of Justice to make any necessary such appointments. If the President is a national citizen of either Contracting Party Party, or if he otherwise is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national citizen of either Contracting Party Party, or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national citizen of either Contracting Party Shall shall be invited to make the necessary appointments. (5. ) The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on upon both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal Arbitral Tribunal shall determine its won own procedure.

Appears in 15 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through consultation or diplomatic channels. 2. If a any dispute between the contracting Parties cannot thus be settledsettled within six (6) months, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal an Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State State, who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two two(2) months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made by either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary such appointments. If 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 appointments. If the vice- Vice-President also is a national of either Contracting Party or if he too is otherwise prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall Party, shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. 6. Each Contracting Party shall bear the cost costs of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost costs of the Chairman and the remaining cost costs shall be borne in equal parts by the both 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. 7. The tribunal Arbitral Tribunal shall determine its won own procedure.

Appears in 14 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall as far as possible be settled amicably through diplomatic channels.negotiations 2. If a the dispute between the contracting Parties cannot thus be settledsettled within six months from the start of the negotiations, it shall upon the request of either Contracting Party be submitted to an arbitral tribunaltribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in on the following way. Within two months of the receipt of the request for arbitration, each : Each Contracting Party shall appoint one member of the tribunal. Those an arbitrator and these two members arbitrators shall then select a national of a third State state who an approval by shall act as a chairman. The arbitrators shall be appointed within three months and the chairman within five months from the date on which either of the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of informed the other two membersContracting Party of its intention to submit the dispute of arbitration. 4. If within the periods specified in paragraph 3 of this Article Article, the necessary appointments have not been made made, either Contracting Party may, in the absence of any other agreementAgreement, 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall issue its decisions on the basis of the rules contained in this Agreement as well as the principles of international law. 6. The Arbitral Tribunal shall determine its own procedure and shall reach its decision by a majority of votes. Such decision shall be final and binding on both Contracting Parties. 7. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation counsel in the arbitral proceedings; the . The cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 12 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channelsconsultation or negotiation. 2. If a dispute between the contracting Contracting Parties cancan not thus be settledsettled within six months, it shall upon at the request of either Contracting Party Party, be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, as follows: (a) each Contracting Party shall appoint one member of the tribunal. Those member, and these two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman ; (b) the 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 membersContracting Party that it proposes to submit the dispute to an arbitral tribunal. 4. If If, within the periods specified in paragraph 3 of this Article Article, the necessary appointments have not been made xxxx, either Contracting Party may, in the absence of any other relevant agreement, 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 function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of either Contracting Party or if he too he, too, is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is ‘s not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. (a) The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear . (b) Subject to the power of the arbitral tribunal to give a different ruling concerning costa, the cost of its own member of the tribunal and of its representation in the arbitral proceedings; proceedings shall be borne by each Contracting Party and the cost of the Chairman and the remaining cost 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. (c) In all respects other than those specified in subparagraphs (a) and (b) of this paragraph, and this award shall be binding on both Contracting Parties. The the arbitral tribunal shall determine its won own procedure.

Appears in 11 contracts

Samples: Investment Protection Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled amicably through diplomatic channels. 2. If a the dispute between the contracting Parties cannot thus be settledsettled within a period of six months following the date on which such negotiations were requested by either Contracting Party, it shall may upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within manner; within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of arbitrator for the tribunal. Those two members arbitrators shall then select a national of a third State who an who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersarbitrators. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice Justices next in seniority who is not a national of either Contracting Party Shall and not prevented from discharging such functions 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 binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of arbitrator to the tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining cost costs shall be borne in equal parts equally by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs cost shall be borne by one of the two Contracting Parties, Parties and this award shall be binding on on, and executed by, both Contracting Parties. 6. The Apart from the above, the tribunal shall determine its won own procedure.

Appears in 10 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes Any disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall as far as possible be settled through the diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settledreach an agreement within six months after the beginning of the dispute, it shall the latter shall, upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of from the receipt of date on which either Contracting Party receives from the other Contracting Party a request for arbitration, each Contracting Party shall appoint one member of the tribunalarbitrator. Those These two members arbitrators shall then together, within a further two months period, select a third arbitrator who is a national of a third State who an approval State. The third arbitrator, once approved by the two Contracting Parties Parties, shall be appointed as Chairman of the arbitral tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If the arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this Article the necessary appointments have not been made Article, 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 State of either Contracting Party Party, or if he is it otherwise prevented from discharging the said this function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of State or either Contracting Party or if he too also is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of State of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision decisions by a majority of votes. Such decision The decisions shall be final and binding on both upon each Contracting PartiesParty. 6. Each Contracting Party shall bear the cost of its own member of the arbitral tribunal and of its representation in the arbitral arbitration proceedings; the cost costs of the Chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The arbitral tribunal may, however, in its decision direct decide that a higher proportion of costs shall be borne by one of the two Contracting Parties, Parties and this such award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 9 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes ) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall be settled, if whenever possible, be settled through consultation through diplomatic channels. 2. ) If a the Contracting Parties do not reach an agreement within six months after submitting the written request for consultation, the dispute between the contracting Parties cannot thus shall be settledsubmitted, it shall upon at the request of either Contracting Party be submitted Party, to an arbitral arbitration tribunal of three arbitrators. Each Contracting Party shall appoint one arbitrator. The two appointed arbitrators shall appoint the third arbitrator, who shall serve as the Chairperson of the tribunal. The Chairperson shall be a national of a third state having diplomatic relations with both Contracting Parties at the time of appointment. 3. Such as arbitral tribunal ) The Contracting Party requesting arbitration shall be constituted for each individual case appoint an arbitrator in the following wayarbitration request. Within If the other Contracting Party does not appoint an arbitrator within two months of the receipt of from receiving the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties arbitrator shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either Contracting Party may, in the absence of any other agreement, invite by the President of the International Court of Justice to make any necessary appointments. at the request of the Contracting Party requesting arbitration. 4) If the two arbitrators fail to agree on the appointment of the President within sixty days of the appointment of the second arbitrator, they shall be appointed by the President of the International Court of Justice at the request of either Contracting Party. 5) In the cases specified in paragraphs (3) and (4) of this Article, if the President of the International Court of Justice is unable to perform said tasks or if they are 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 necessary appointmentsVice- President of the International Court of Justice. If the vice- President latter is unable to make these appointments, or if they also are a national citizen of either Contracting Party or if he too is prevented form discharging the said functionParty, the members appointments shall be made by a 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 appointmentsParty. 56) The Tribunal shall determine its own procedures and place of arbitration, unless otherwise agreed by the Contracting Parties. 7) Each Contracting Party shall bear all expenses related to its appointed arbitrator as well as all expenses related to its representation during the arbitration proceedings. The arbitral tribunal shall reach its decision by a majority of votes. Such decision Unless the Tribunal decides otherwise, the expenses related to the President shall be equally shared by the Contracting Parties. 8) The Tribunal's decisions shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 9 contracts

Samples: Reciprocal Promotion and Protection of Investments Agreement, Reciprocal Promotion and Protection of Investments Agreement, Reciprocal Promotion and Protection of Investments Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall be resolved, if as far as possible, be settled through diplomatic channels. 2. If a it is not possible to settle the dispute between in this way within six months from the contracting Parties cannot thus be settledbeginning of the negotiations, it shall upon be submitted, at the request of either Contracting Party be submitted Party, to an arbitral tribunal. 3. Such as The arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint designate one member of the tribunal. Those arbitrator and those two members arbitrators shall then select elect as their President a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalthird-country national. The Chairman arbitrators shall be appointed within two a period of three months and the President within five months from the date of appointment of on which either Contracting Party on its intention to refer the other two membersdispute to an arbitral tribunal. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either within the time limits laid down in paragraph 3 of this Article, any Contracting Party may, in the absence of any other agreement, invite request the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either one of the Contracting Party Parties or if he is otherwise prevented from discharging the said functionunable to perform that function for other reasons, the Vice-President shall be invited urged to make the necessary appointments. If the vice- Vice-President is a national of either one of the Contracting Party Parties or if he too is prevented form discharging the said unable to perform such a function, he shall be urged to make the members necessary appointments to the member of the International Court of Justice next who follows him in seniority who is not a national of either Contracting Party Shall be invited to make the necessary appointmentsParty. 5. The arbitral tribunal shall reach take its decision on the basis of the provisions contained in this Agreement and the generally accepted principles of international law. 6. Unless the Contracting Parties decide otherwise, the tribunal shall establish its own procedure. 7. The arbitral tribunal shall take its decision by a majority of votes. Such votes and that decision shall be final and binding on both Contracting Parties. 8. Each Contracting Party shall bear the cost expenses of its own member of the tribunal arbitrator and of those related to its representation in the arbitral proceedings; the cost . All other expenses, including those of the Chairman and the remaining cost President, shall be borne in equal parts equally by the two Contracting Parties. The tribunal maycourt may indicate in its decision, 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 tribunal shall determine its won procedureParties bears a greater share of expenses.

Appears in 9 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes Any disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall as far as possible be settled through the diplomatic channelsChannels . 2. If a dispute between the contracting Contracting Parties cannot thus be settledreach an agreement within six months after the beginning of the dispute, it shall the latter shall, upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of from the receipt of date on which either Contracting Party receives from the other Contracting Party a request for arbitration, each Contracting Party shall appoint one member of the tribunalarbitrator. Those These two members arbitrators shall then together, within a further two months period, select a third arbitrator who is a national of a third State who an approval State. The third arbitrator, once approved by the two Contracting Parties Parties, shall be appointed as Chairman of the arbitral tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If the arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this Article the necessary appointments have not been made Article, 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 State of either Contracting Party Party, or if he is it otherwise prevented from discharging the said this function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of State or either Contracting Party or if he too also is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of State of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision decisions by a majority of votes. Such decision The decisions shall be final and binding on both upon each Contracting PartiesParty. 6. Each Contracting Party shall bear the cost of its own member of the arbitral tribunal and of its representation in the arbitral arbitration proceedings; the cost costs of the Chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The arbitral tribunal may, however, in its decision direct decide that a higher proportion of costs shall be borne by one of the two Contracting Parties, Parties and this such award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 8 contracts

Samples: Investment Agreement, Investment Protection Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement should, if possible, shall be settled through diplomatic channels. (2. ) If a dispute between the contracting both Contracting Parties cannot thus reach an agreement within six months after the beginning of the dispute between themselves, the dispute shall, upon request of either Contracting Party, be settledsubmitted to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, it 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 as concerns the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party be submitted to an arbitral tribunalby the President of the International Court of Justice. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either Contracting Party may(5) If, in the absence cases specified under paragraphs (3) and (4) of any other agreementthis Article, invite the President of the International Court of Justice to make any necessary appointments. If is prevented from carrying out the President 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 and if the necessary appointments. If the vice- President latter is prevented or if he is a national citizen of the State of either Contracting Party or if he too is prevented form discharging the said functionParty, the members 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 necessary appointmentsParty. 5. The arbitral (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 binding on both Contracting Parties. own procedure. (7) Each Contracting Party shall bear the cost of its own member costs of the tribunal arbitrator it has appointed and of its representation in the arbitral proceedings; the . The cost of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. . (8) The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one awards of the two tribunal are final and binding for each Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedureParty.

Appears in 8 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall be settled through diplomatic channelsas far as possible by negotiations. 2. If a dispute between the contracting Parties according to paragraph 1 of this Article cannot thus be settled, settled within six (6) months it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, ad_ hoc as follows: each Contracting Party shall appoint one member of the tribunal. Those arbitrator and these two members arbitrators shall then select agree upon a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalas their chairman. The Chairman Such arbitrators shall be appointed within two (2) months from the date of appointment of one Contracting 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 two members(2) further months. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have are not been made 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 of the International Court of Justice is a national of either of the Contracting Party Parties or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make or in case of his inability the necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall should be invited under the same conditions to make the necessary appointments. 5. The tribunal shall establish its own rules of procedure. 6. The arbitral tribunal shall reach its decision in virtue of the present Agreement and pursuant to the rules of international law. It shall reach its decision by a majority of votes. Such ; the decision shall be binding on both Contracting Partiesfinal and binding. 7. Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion award determine another distribution of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedurecosts.

Appears in 8 contracts

Samples: Agreement on the Reciprocal Promotion and Protection of Investments, Agreement on the Reciprocal Promotion and Protection of Investments, Agreement on the Reciprocal Promotion and Protection of Investments

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made made, 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 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall 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 binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure.

Appears in 7 contracts

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

Settlement of Disputes between the Contracting Parties. 11 . Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channelsconsultation or negotiation. 22 . If a the dispute between the contracting Parties cannot be thus be settledsettled within six months, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article. 33 . Such as arbitral tribunal The 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 member of the tribunalTribunal. Those These two members shall then select a national of a third State who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two months from the date of appointment of the other two members. 44 . If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary the appointments. If the President is he happens to be 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 necessary appointments. If the vice- Vice-President is also happens to be a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 55 . The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The tribunal may, however, in its decision direct however decide that a higher proportion portion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal Arbitral Tribunal shall determine its won own procedure.

Appears in 7 contracts

Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning relating to the interpretation interpretation, application or application termination of this Agreement shouldshall be settled, if possible, be settled through by diplomatic channels. (2. ) If the dispute has not been settled within a dispute between period of six months from the contracting Parties cannot thus be settleddate on which the matter was raised by either Contracting Party, it shall upon may be submitted at the request of either Contracting Party be submitted to an arbitral tribunalArbitral Tribunal. (3. Such as arbitral tribunal ) The said Tribunal shall be constituted created as follows for each individual case in the following way. Within two months of the receipt of the request for arbitration, specific case: each Contracting Party shall appoint one member of arbitrator, and the tribunal. Those two members arbitrators thus appointed shall then select appoint by mutual agreement a national citizen of a third State country, who an approval by the two Contracting Parties shall be appointed designated as Chairman of the tribunalTribunal. The Chairman shall All the arbitrators must be appointed within two months from the date of appointment of notification by one Contracting Party to the other two membersContracting Party of its intention to submit the dispute to arbitration. (4. ) If within the periods period specified in paragraph 3 of this Article the necessary appointments have (3) above has not been made respected, either Contracting Party may, in the absence of any other agreement, agreement shall invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national citizen of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President Vice- President, who is not a citizen of either Contracting Party shall be invited to make the necessary appointments. If the vice- Vice-President is a national citizen of either Contracting Party or if he too is also prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national citizen of either Contracting Party Shall be invited to should make the necessary appointments. (5. ) The arbitral tribunal Tribunal shall reach its decision by a majority of votes. Such decision These decisions shall be final and legally binding on both upon the Contracting Parties. Each They shall be taken in conformity with the provisions of this Agreement and the related principles of international law. (6) The Tribunal shall set its own rules of procedure. It shall interpret its award at the request of either Contracting Party. The venue of arbitration is the seat of the Permanent Court of Arbitration at the Hague (Netherlands). (7) Unless otherwise decided by the Tribunal, each Contracting Party shall bear the cost of its own member of the tribunal arbitrator it has appointed and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 7 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement should, if shall as far as possible, be settled through the diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settledreach an agreement within six months after the beginning of the dispute, it shall the latter shall, upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of from the receipt of date on which either Contracting Part} receives from the other Contracting Party a request for arbitration, each Contracting Party shall appoint one member of the tribunalarbitrator. Those These two members arbitrators shall then together, within a further two months period, select a third arbitrator who is a national of a third State who an approval State. The third arbitrator, once approved by the two Contracting Parties Parties, shall be appointed as Chairman of the arbitral tribunal. The Chairman shall be appointed within two months from If the date of appointment of the other two members. 4. If arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this Article the necessary appointments have not been made Article, either Contracting Party mayParty, 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 State of either Contracting Party, or is otherwise prevented from discharging this function, the Vice-President shal 1 be invited to make the necessary appointment. If the Vice-President is a national of State of either Contracting Party or if he also 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 form discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of State of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision decisions by a majority of votes. Such decision The decisions shall be final and binding on both upon each Contracting PartiesParty. Each Contracting Party shall bear the cost costs of its it own member of the arbitral tribunal and of its representation in the arbitral arbitration proceedings; the cost costs of the Chairman and the remaining cost shall be borne in equal parts by the Contracting Parties. The arbitral tribunal may, however, in its decision direct decide that a higher proportion of costs shall be borne by one of the two Contracting Parties, Parties and this such award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 6 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channelsconsultations or negotiations. 2. If a the dispute between the contracting Parties cannot be thus be settledsettled within six months, it shall shall, upon the request of either Contracting Party Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State who an who, on approval by of the two Contracting Parties Parties, shall be appointed Chairman of the tribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary the appointments. If the President is he happens to be 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 necessary appointments. If the vice- Vice-President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Partiesbinding. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal Arbitral Tribunal shall determine its won own procedure.

Appears in 6 contracts

Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channelsconsultation or negotiation. 2. If a the dispute between the contracting Parties cannot be thus be settledsettled within six months, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary the appointments. If the President is he happens to be 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 necessary appointments. If the vice- Vice President is also happens to be a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Partiesbinding. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal Arbitral Tribunal shall determine its won own procedure.

Appears in 5 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of the provisions of this Agreement should, if possible, shall be settled through diplomatic channels. 2. If both Contracting Parties are unable to resolve it within a dispute between period of twelve (12) months from the contracting Parties cannot thus be settleddate on which it was born, it shall upon be submitted at the request of either Contracting Party be submitted to which an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following waycomposed of three members. Within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one member of the tribunal. Those arbitrator and these two members arbitrators shall then select nominate a Chairman who shall be a national of a third State who an approval by State. 3. If one of the two Contracting Parties has not appointed its arbitrator and has not responded to the invitation of the other contracting party to make within two (2) months of such designations, the arbitrator shall be appointed Chairman upon request of the tribunal. The Chairman shall be appointed within two months from latter Contracting Party by the date of appointment President of the other two membersInternational Court of Justice. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments two (2) months after their appointment, both arbitrators have not been made either Contracting Party may, agreed on the appointment of the Chairman and in the absence of any other agreement, invite the latter shall be appointed upon request of either Contracting Party by the President of the International Court of Justice. 5. In the cases referred to in paragraphs 3 and 4 of this article, if the President of the International Court of Justice to make any necessary appointmentsis a national of either Contracting Party or is prevented from discharging this task, the designations shall be made by the Vice- President. If if the Vice-President is a national of either Contracting Party or if he is otherwise also prevented from discharging carrying out 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 form discharging the said function, the members member of the International Court of Justice next in seniority and who is not a national of either Contracting Party Shall be invited to Party, make the necessary those appointments. 56. The arbitral tribunal Tribunal shall reach determine its decision by a majority own rules of votes. Such decision shall be binding on both Contracting Partiesprocedure. 7. Each Contracting Party shall bear the cost costs related to the designation of its own member of the tribunal and of arbitrator within its representation in the arbitral arbitration proceedings; . the cost of the Chairman and the remaining cost 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, and this award . 8. The decisions of the Tribunal shall be final and binding on both Contracting Parties. The tribunal shall determine its won 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 the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldagreement shall, if possible, be settled through diplomatic channelsconsultation or negotiation. 2. If a dispute between the contracting Contracting Parties cannot thus be settledsettled within six months, it shall upon at the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each as follows: a) Each Contracting Party shall appoint one member of the tribunal. Those and those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. . b) The Chairman said members shall be appointed within two 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 membersContracting Party that it proposes to submit the dispute to an arbitral tribunal. 4. If If, within the periods period specified in paragraph 3 of this Article the necessary appointments have not been made made, either Contracting Party may, in the absence of any other relevant agreement, 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 function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of either Contracting Party or if he too he, too, is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. a) The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear . b) Subject to the cost power of the arbitral tribunal to give a different ruling concerning costs, the costs of its own member of the tribunal and of its representation in the arbitral proceedings; proceedings shall be borne by each Contracting Party and the cost of the Chairman and the remaining cost 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. c) In all respects other than those specified in subparagraphs (a) and (b) of this paragraph, and this award shall be binding on both Contracting Parties. The the arbitral tribunal shall determine its won own procedure.

Appears in 5 contracts

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

Settlement of Disputes between the Contracting Parties. 1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall be settled through diplomatic channelsnegotiations. 2. ) If a the dispute between the contracting Parties cannot thus be settledso settled within six months from the start of the negotiation, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal, in accordance with the provisions of this article. 3. Such as arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.: 4. If ) If, within the periods specified in paragraph 3 (3) of this Article Article, the necessary appointments have not been made made, either Contracting Party may, in the absence of any other agreement, invite the President president of the International Court of Justice to make any necessary appointments. If the President president is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President Vice president shall be invited to make the necessary appointments. If the vice- President Vice president is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. ) The arbitral tribunal Arbitral Tribunal shall issue its decision on the basis of the rules contained in this Agreement and in other agreements in force between the Contracting Parties, as well as of the principles of International Law. 6) The Arbitral Tribunal shall determine its own procedure and shall reach its decision by a majority of votes. Such decision shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation Counsel in the arbitral proceedings; the , The cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 5 contracts

Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes All disputes arising between the Contracting Parties concerning relating to the interpretation or application of this Agreement shouldshall, if possiblein the first place, be settled amicably through consultation. In case of disagreement, either Contracting Party may, while sending a notice to the other Party, refer the case to an arbitral tribunal. Where the dispute is referred to an arbitral tribunal, either Contracting Party shall appoint an arbitrator within sixty days from the receipt of the notification and the arbitrators appointed by the Contracting Parties shall appoint a third arbitrator who shall be a chairman of the tribunal within sixty days from the date of the last appointment. If one of the Contracting Parties fails to appoint its arbitrator or the two arbitrators fail to appoint the chairman within the said periods, the other Contracting Party may request the President of the International court of Justice, to appoint the arbitrator of the failing Party or the chairman, as the case may be. However, the chairman shall be a national of a state having diplomatic channelsrelations with both Contracting Parties at the time of the appointment. 2. If a dispute between the contracting Parties cannot thus appointments are to be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval made by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either Contracting Party may, in the absence of any other agreement, invite the President of the International Court court of Justice to make any necessary appointments. If Justice, and if the President of the International court of Justices is prevented from carrying out the said function or he is a national of either Contracting Party or if he is otherwise prevented from discharging Party, the appointments shall be made by the senior member of 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 form discharging the said function, the members of the International Court of Justice next in seniority court who is not a national of either Contracting Party Shall Party. 3. Subject to other provisions agreed by the Contracting Parties, the arbitral tribunal shall determine its own procedure and the place of arbitration. 4. The decisions of the arbitral tribunal shall be invited to make final and binding on the necessary appointmentsContracting Parties. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. 6. Each Contracting Party shall bear the cost of its own the member appointed by that Contracting Party and the Contracting Parties shall assume an equal share of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and chairman, as well as any other costs. However, the remaining cost shall be borne in equal parts by tribunal may make a different decision regarding the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one sharing of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedurecosts.

Appears in 5 contracts

Samples: Reciprocal Promotion and Protection of Investments Agreement, Reciprocal Promotion and Protection of Investments Agreement, Reciprocal Promotion and Protection of Investments Agreement

Settlement of Disputes between the Contracting Parties. (1. Disputes ) Any dispute arising between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shouldAgreement, if as far as possible, be settled through diplomatic channels. (2. ) If a dispute between the contracting Parties parties cannot thus be settledsettled in this way within six months after the beginning of negotiations, it the dispute shall upon be submitted, at the request of either Contracting Party be submitted contracting party to an arbitral tribunal. (3. ) Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two three months from the date of appointment of the other two members. (4. ) If within the periods specified in paragraph 3 (3) of this Article article shall not make the necessary appointments have not been made appointments, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any proceed with the necessary appointments. If the President is a national of either Contracting Party one of the contracting parties or if he for any reason is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of either of the Contracting Party Parties or if he too is found also prevented form from discharging the said function, the members said member of the International Court of Justice who is next in seniority who order of precedence and is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. (5. ) The arbitral tribunal shall reach its decision by a majority of votes. Such such decision shall be binding on both Contracting Partiescontracting parties. Each Contracting Party shall bear the cost costs of its own the member of the tribunal Tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost costs shall be borne in principle in equal parts by the Contracting Parties. The However, the arbitral tribunal may, however, in shall determine its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Partiescontracting parties, and this award shall be binding on both Contracting Partiescontracting parties. The the tribunal shall determine its won own procedure. (6) Neither Contracting Party shall give diplomatic protection or to an international claim by a dispute which one of its investors and the other Contracting Party be submitted to an arbitral tribunal or a competent national court of the host State of the investment, such as required by article 10 of this Agreement unless the other contracting party does not comply with the award or judgment.

Appears in 4 contracts

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

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channelsconsultations or negotiations. (2. ) If a the dispute between the contracting Parties cannot be thus be settledsettled within six months, it shall upon the request of either Contracting Party be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article. (3. Such as arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunaltribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three (3) months from the date of appointment of the other two members. (4. ) If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary the appointments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President president shall be invited to make the necessary appointments. If the vice- Vice-President is also happens to be a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. (5. ) The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Partiesbinding. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal Arbitral Tribunal shall determine its won own procedure.

Appears in 4 contracts

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

Settlement of Disputes between the Contracting Parties. 1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channelsconsultation or negotiation. 2. ) If a the dispute between the contracting Parties cannot be thus be settledsettled within six months following the date on which such consultation or negotiation was requested by either Contracting Party, it shall upon the request of either Contracting Party Parties, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunaltribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three months from the date of the appointment of the other two members. 4. ) If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary the appointments. If the President is he happens to be a national of either Contracting Party or if of he is otherwise prevented from discharging the said function, the Vice-Vice – President shall be invited to make the necessary appointmentsappointment. If the vice- Vice – President is also happens to be a national of either Contracting Party or if he too is prevented form happens to be a national of either Contracting Party or is prevent from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary that appointments. 5. ) The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Partiesbinding. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; : the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal Arbitral Tribunal shall determine its won procedureown procedures.

Appears in 4 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall be settled resolved through diplomatic channelsnegotiations. 2. If a so the dispute between the contracting Parties canis not thus be settledresolved, it shall upon then at the request of either Contracting Party Party, it shall be submitted referred to an the arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted established for each individual case in the following wayas follows. Within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one member of the tribunalarbitration tribunal within two months from the date of receipt of the notification of the arbitration proceedings. Those Then, these two members shall then select elect a national of a third State who an approval by who, with the two consent of both Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed Court within two months one month from the date of appointment of the other two membersmembers of the court. 4. If within the periods specified in paragraph 3 of this Article Article, the necessary appointments have not been made either Contracting Party maymade, in the absence of any other agreement, invite either Contracting Party may request the International Court of Justice to make the necessary appointment. If 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 unable to discharge the said function, the Vice-President shall be invited to make the necessary appointmentsappointments will be offered to the deputy chairman of the International Court of Justice. If the vice- President deputy chairman of the International Court of Justice is also a national of either Contracting Party or if he too is prevented form discharging otherwise unable to Discharging the said function, make the members necessary appointments will be offered next in seniority of 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 appointmentsParty. 5. The arbitral tribunal shall reach render its decision by a majority of votesvote. Such This decision shall will be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost expenses related to the activities of its own member of the tribunal court and of its representation in the arbitral arbitration proceedings; costs associated with the cost chairman of the Chairman court activity, and the remaining cost shall other expenses will be borne in equal parts by the Contracting PartiesParties in equal shares. The tribunal mayHowever, however, the Court may in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting PartiesParties shall bear a larger share of spending, and this award shall that decision will be binding on both Contracting Parties. The arbitral tribunal shall determine its won own procedure.

Appears in 4 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settledsettled within six (6) months, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those The two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made made, 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 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- Vice-President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall 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 binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The tribunal may, howeverHowever, 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 tribunal shall determine its won procedureown procedure in all other respects. 6. The arbitral tribunal shall reach its decisions on the basis of this Agreement, any agreement in force between the Contracting Parties and general international law, and shall take into account, as may be appropriate, the Domestic law of the Contracting Party in which the Investment in question is situated.

Appears in 4 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled by negotiations through the diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settledreach an agreement within six months after the beginning of the dispute, it shall the latter shall, upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of from the receipt of date on which either Contracting Party receives from the other Contracting Party a request for arbitration, each Contracting Party shall appoint one member of the tribunalarbitrator. Those These two members arbitrators shall then together, within a further two months period, select a third arbitrator who is a national of a third State who an approval State. The third arbitrator, once approved by the two Contracting Parties Parties, shall be appointed as Chairman of the arbitral tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If the arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this Article the necessary appointments have not been made Article, 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 State of either Contracting Party Party, or if he is otherwise prevented from discharging the said this function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of State of either Contracting Party or if he too also is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of State of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision decisions by a majority of votes. Such decision The decisions shall be final and binding on both upon each Contracting PartiesParty. 6. Each Contracting Party shall bear the cost costs of its own member of the arbitral tribunal and of its representation in the arbitral arbitration proceedings; the cost costs of the Chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The arbitral tribunal may, however, in its decision direct decide that a higher proportion of costs shall be borne by one of the two Contracting Parties, Parties and this such award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 4 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes If any dispute arises between the Contracting Parties concerning the interpretation or application of this Agreement shouldAgreement, if possible, be settled both Contracting Parties will first attempt to settle it through diplomatic channelsconsultation and negotiation. 2. If a both Contracting Parties do not reach an agreement within six months after the written request for negotiation proceedings, the dispute between the contracting Parties cannot thus be settledshall, it shall upon at the request of either one of the Contracting Party Parties, be submitted to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitrationthree arbitrators, and each Contracting Party shall appoint one member arbitrator and these two arbitrators shall appoint the arbitrator who shall be the President of the arbitral tribunal. Those two members , and the President shall then select be a national citizen of a third State who an approval by the two state that has diplomatic relations with both Contracting Parties shall be appointed Chairman at the time of the tribunalnomination. 3. The Chairman Contracting Party that requested the arbitration shall be appointed appoint its arbitrator at the time of the arbitration request, and the other Contracting Party shall appoint an arbitrator within two months from the date of appointment receipt of the other two membersrequest for arbitration. Failing that appointment, the arbitrator shall be appointed by the President of the International Court of Justice, upon the request of the Contracting Party who requested for the arbitration. 4. If both arbitrators fail to agree on the choice of the President within sixty days of the periods specified in paragraph 3 appointment of this Article the necessary appointments have not been made either Contracting Party maysecond arbitrator, in then the absence of any other agreement, invite President shall be appointed by the President of the International Court of Justice to make at the request of any necessary appointmentsof the Contracting Parties. 5. If In both cases mentioned in paragraphs 3 and 4 of this Article, if the President of the International Court of Justice is unable to perform the aforementioned tasks mentioned, or 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 made by the Vice President of the International Court of Justice, and if the latter cannot make the necessary appointments. If the vice- President appointments or is also a national of either one of the Contracting Party or if he too is prevented form discharging the said functionParties, the members appointments shall be made by a member of the International Court of Justice next in seniority who is not a national of either of the Contracting Party Shall be invited to make the necessary appointmentsParties. 56. The arbitral tribunal Tribunal shall reach determine its decision by a majority procedures and the place of votes. Such decision shall be binding on both arbitration unless agreed otherwise between the Contracting Parties. 7. Each Contracting Party shall bear the cost of its own member costs of the tribunal and of member it appoints to the arbitral tribunal, as well as all expenses related to its representation in during the arbitral proceedings; , and the cost costs of the Chairman and the remaining cost President shall be borne in equal parts shared equally by the Contracting Partiesparties unless the tribunal decides otherwise. 8. The Decisions of 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, final and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 4 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settledsettled within six months, it shall upon the request of either Contracting Party be submitted to an arbitral tribunalArbitral Tribunal. 3. Such as arbitral tribunal an Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunalArbitral Tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made made, 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 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal Arbitral Tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The tribunal 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. The tribunal Arbitral Tribunal shall determine its won own procedure.

Appears in 4 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either Contracting Party may, in the absence of any other agreementagreement , 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- vice-President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members 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 binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 3 contracts

Samples: Bilateral Investment Treaty, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 11 . Disputes Any dispute between the Contracting Parties concerning relative to the interpretation or application of this Agreement should, if possible, shall as far as possible be settled through diplomatic channels. . Any dispute between the Contracting Parties relative to the interpretation or application of this Agreement shall as far as possible be settled through diplomatic channels. 22 . If a it were not possible to settle the dispute between in this way within six months from the contracting Parties cannot thus be settledstart of the negotiations, it shall upon be submitted, at the request of either of the two Contracting Party be submitted Parties, to an arbitral tribunal. 33 . Such as The arbitral tribunal shall be constituted for each individual case set up in the following way. Within two months of the receipt of the request for arbitration, : each Contracting Party shall appoint one member of the tribunal. Those arbitrator and these two members arbitrators shall then select elect a national of a third State who an approval by country as Chairman. The arbitrators shall be appointed within three months and the Chairman within five months from the date on which either of the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of informed the other two membersContracting Party of its intention to submit the dispute to an arbitral tribunal. 44 . If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made made, 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 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments.paragraph 3 of this Article the necessary appointments 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 the 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. 55 . The arbitral tribunal shall issue its decision on the basis of respect for the law, the provisions contained in this Agreement or in other agreements in force between the Contracting Parties, as well as the generally accepted principles of international law. 6 . Unless the Contracting Parties decide otherwise, the arbitral tribunal shall lay down its own procedure. 7 . The arbitral tribunal shall reach its decision by a majority of votes. Such votes and that decision shall be final and binding on both Contracting Parties. 8 . Each Contracting Party shall bear the cost expenses of its own member arbitrator and those connected with representing it in the arbitration proceedings. The other expenses, including those of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost Chairman, shall be borne in equal parts by the two Contracting Parties. The tribunal may, however, Parties.borne in its decision direct that a higher proportion of costs shall be borne equal parts by one of the two Contracting Parties. Volume 2203, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.1-39125

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled by consultation through diplomatic channels. (2. ) If a any dispute between the contracting Parties cannot thus be settledsettled within six (6) months, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article. (3. ) Such as arbitral tribunal an Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State State, who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made by either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary such appointments. If 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 appointments. If the vice- Vice President also is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. (5. ) The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. . (6) Each Contracting Party shall bear the cost costs of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost . The costs of the Chairman and the remaining cost costs shall be borne in equal parts by the both 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. . (7) The tribunal Arbitral Tribunal shall determine its won own procedure.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through consultations or diplomatic channels. 2. If a any dispute between the contracting Parties cannot thus be settledsettled within one hundred and eighty (180) days from the date of request for settlement, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal an ad hoc Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two months sixty (60) days from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those ad hoc Arbitral Tribunal..These two members shall then select a national of a third State State, who an on approval by of the two Contracting Parties shall be appointed Chairman Chairperson of the tribunalad hoe Arbitral Tribunal. The Chairman Chairperson shall be appointed within two months sixty (60) days from the date of the appointment of the other two members. 4. If the necessary appointments have not been made within the periods specified in paragraph 3 of this Article the necessary appointments have not been Article, a request may be made by either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary such appointments. If 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 appointments. If the vice- Vice-President is also a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member next in seniority of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall or is not otherwise prevented from discharging the said function shall be invited to make the necessary appointments. 5. The arbitral tribunal ad hoc Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both the Contracting Parties. 6. The ad hoc Arbitral Tribunal shall determine its own procedure. 7. Each Contracting Party shall bear the cost costs of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost . The costs of the Chairman Chairperson and the any remaining cost costs shall be borne in equal parts by the Contracting Parties. The tribunal 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channelsconsultation or negotiation. 2. If a dispute between the contracting Contracting Parties cancan not thus be settledsettled within six months, it shall upon at the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each as follows: (a) Each Contracting Party shall appoint one member of the tribunal. Those member, and these two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. ; (b) 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 membersContracting Party that it proposes to submit the dispute to an arbitral tribunal. 4. If If, within the periods specified in paragraph 3 of this Article Article, the necessary appointments have not been made made, either Contracting Party may, in the absence of any other relevant agreement, 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 function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of either Contracting Party or if he too he, too, is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. (a) The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear . (b) Subject to the power of the arbitral tribunal to give a different ruling concerning costs, the cost of its own member of the tribunal and of its representation in the arbitral proceedings; proceedings shall be borne by each Contracting Party and the cost of the Chairman and the remaining cost 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. (c) In all respects other than those specified in subparagraphs (a) and (b) of this paragraph, and this award shall be binding on both Contracting Parties. The the arbitral tribunal shall determine its won own procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled by negotiations, through diplomatic channels. 2. If a the dispute between the contracting Parties cannot thus be settledsettled within six months from the beginning of the negotiations, it shall shall, upon the request of either Contracting Party be submitted to an arbitral arbitration tribunal. 3. Such as arbitral The arbitration tribunal shall be constituted for each individual case 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 member of the tribunal. Those arbitrator and these two members arbitrators shall then select agree upon a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalas chairman. The Chairman arbitrators shall be appointed within two three months, the chairman within five months from the date of appointment of on which either Contracting Party has informed the other two membersContracting Party that it intends to submit the dispute to an arbitration tribunal. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made made, 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 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 necessary appointments. If the vice- President or if he too is a national of either Contracting Party or if he too is otherwise prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Shall Party, shall be invited to make the necessary appointments. 5. The arbitral arbitration tribunal shall decide on the basis of respect of the law, including particularly this Agreement and other relevant agreements between the Contracting Parties, as well as the generally acknowledged rules and principles of international law. 6. Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. The tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on both the Contracting Parties. 7. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator appointed by itself and of its representation in the arbitral proceedings; the representation. The cost of the Chairman and chairman as well as the remaining cost shall other costs will be borne born in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne born by one of the two Contracting Parties, Parties and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled amicably through diplomatic channelsnegotiations. (2. ) If a dispute between the contracting Parties according to paragraph (1) cannot thus be settled, settled within six months it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3. ) Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party shall appoint one member of the tribunal. Those and these two members shall then select agree upon a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalas their Chairman. The Chairman Such members shall be appointed within two months from the date of appointment of one Contracting Party has informed the other Contracting Party, that it intends to submit the dispute to an arbitral tribunal, the Chairman of which shall be appointed within two membersfurther months. (4. ) If within the periods specified in paragraph 3 of this Article the necessary appointments have (3) are not been made 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 of the International Court of Justice is a national of either of the Contracting Party Parties or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make or in case of his inability the necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall should be invited under the same conditions to make the necessary appointments. (5. ) The tribunal shall establish its own rules of procedure. (6) The arbitral tribunal shall reach its decision by virtue of the present Agreement and pursuant to the generally recognized rules of international law. It shall reach its decision by a majority of votes. Such ; the decision shall be binding on both Contracting Parties. final and binding. (7) Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion award determine another distribution of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Partiescosts. The tribunal shall determine its won procedure.ARTICLE 11

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Bilateral Investment Treaty

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement should, if as far as possible, be settled amicably by negotiations through diplomatic channels. (2. ) If the Contracting Parties fail to reach a settlement within three (3) months after the beginning of negotiations, the dispute between the contracting Parties cannot thus be settledshall, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunaltribunal in accordance with the provisions of this Article. (3. ) Such as an arbitral tribunal shall be constituted for each individual case in the following way. : Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State state, with which both Contracting Parties maintain diplomatic relations, who an on approval by the two Contracting Parties Party shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two three (3) months from the date of appointment of the other two members. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made made, 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 is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President President, shall be invited to make the necessary appointmentsappointments in accordance with paragraph (3) of this Article. If the vice- Vice-President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. (5. ) The arbitral tribunal shall reach its decision by a rule according to majority vote. The decisions of votes. Such decision the tribunal shall be final and binding on both Contracting Parties. . (6) Each Contracting Party shall bear be responsible for the cost costs of its own member of the tribunal and of its representation in the arbitral proceedings; . Unless the tribunal decides otherwise both Contracting Parties shall assume an equal share of the cost of the Chairman and Chairman, as well as any other costs. (7) In all other respects, the remaining cost tribunal shall be borne in equal parts by define its own rules of procedure, unless 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedureParties decide otherwise.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. (1. Disputes ) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled through diplomatic channelsamicable negotiations. (2. ) If a dispute between the contracting Parties according to paragraph (1) cannot thus be settled, settled within six months it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3. ) Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party shall appoint one member of the tribunal. Those and these two members shall then select agree upon a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalas their chairman. The Chairman Such members shall be appointed within two months from the date of appointment of one Contracting Party has informed the other Contracting Party, that it intends to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within two membersfurther months. (4. ) If within the periods specified in paragraph 3 of this Article the necessary appointments have (3) are not been made 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 of the International Court of Justice is a national of either of the Contracting Party Parties or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make or in case of his inability the necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall should be invited under the same conditions to make the necessary appointments. (5. ) The tribunal shall establish its own rules of procedure. (6) The arbitral tribunal shall reach its decision in virtue of the present Agreement and pursuant to the generally recognized rules of international law. It shall reach its decision by a majority of votes. Such ; the decision shall be binding on both Contracting Parties. final and binding. (7) Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion award determine another distribution of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedurecosts.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this the Agreement shouldshall, if possible, be settled through consultation or diplomatic channels. 2. If a any dispute between the contracting Parties cannot thus be settledsettled within six (6) months, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal an Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State State, who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made by either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary such appointments. If 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 appointments. If the vice- Vice-President is also a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. 6. Each Contracting Party shall bear the cost costs of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost . The costs of the Chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The tribunal Tribunal may, however, in its decision 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. 7. The tribunal Arbitral Tribunal shall determine its won own procedure. However, the Contracting Parties may agree that all submissions shall be made and all hearings shall be completed within six (6) months of the date of the selection of the Chairman and that the Tribunal shall render its decision within two (2) months of the date of final submissions or date of closing of the hearings, whichever is later.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the The Contracting Parties shall, as far as possible, settle any dispute concerning the interpretation or application of this Agreement should, if possible, be settled through consultations or other diplomatic channels. 2. If the dispute has not been settled within six months following the date on which such consultations or other diplomatic channels were requested by either Contracting Part 1, and unless the Contracting Party otherwise agree in writing, either Contracting Pan; may, by written notice to the other Contracting Party, submit the dispute to and ad hoe arbitral tribunal in accordance with the following provisions of this Article. 3. The arbitral tribunal shall be constituted as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a dispute between national of a third state as Chairman of the contracting Parties cannot thus arbitral tribunal to be settledappointed by the two Contracting Parties. Such members shall be appointed within two months, it shall upon and such Chairman within four months, from the request of date on which either Contracting Party be submitted has informed the other Contracting Party that it intends to submit the dispute to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments above have not been made complied with, either Contracting Party may, in the absence of any other agreementarrangement, invite the President of the International Court of Justice to make any the necessary appointments. If , if 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 necessary appointments. If the vice- Vice-President of the International Court of Justice is a national of either Contracting Party or if he too he, too, is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach take its decision by a majority of votes. Such decision shall be made in accordance with this Agreement and such recognized rules of international law as may be applicable and shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own the member of the arbitral tribunal and of appointed by that Contracting Party, as well as the costs for its representation in the arbitral arbitration proceedings; the cost . The expenses of the Chairman and as well a - any other costs of the remaining cost arbitration proceedings shall be borne in equal parts bv tin:w Contracting Parlies. However, the arbitral tribunal may, at its discretion, direct that, higher proportion or all of such costs be paid by one of the Contracting Parties. The tribunal mayIn all other respects, 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 shall determine its won own procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the The Contracting Parties shall, as far as possible, settle any dispute concerning the interpretation or application of this Agreement should, if possible, be settled through consultations or other diplomatic channels. 2. If a the dispute between has not been settled within six months following the contracting Parties cannot thus be settled, it shall upon the request of date on which such consultations or other diplomatic channels were requested by either Contracting Party and unless the Contracting Parties otherwise agree in writing, either Contracting Party may, by written notice to the other Contracting Party, submit the dispute to an ad hoc arbitral tribunal in accordance with the following provisions of this Article. 3. The arbitral tribunal shall be submitted constituted as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third party as Chairman of the arbitral tribunal to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such Chairman within four months, from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments above have not been made complied with, either Contracting Party may, in the absence of any other agreementarrangement, 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 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 necessary appointments. .If the vice- Vice-President of the International Court of Justice is a national of either Contracting Party or if he too he, too, is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach take its decision by a majority of votes. Such decision shall be made in accordance with this Agreement and such recognized rules of international law as may be applicable and shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own the member of the arbitral tribunal and of appointed by that Contracting Party, as well as the costs for its representation in the arbitral arbitration proceedings; the cost . The expenses of the Chairman and as well as any other costs of the remaining cost arbitration proceedings shall be borne in equal parts by the two Contracting Parties. The 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, and this award shall be binding on both Contracting Parties. The In all other respects, the arbitral tribunal shall determine its won own procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled through the diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settledreach an agreement within six months after the beginning of the dispute, it shall the latter shall, upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of from the receipt of date on which either Contracting Party receives from the other Contracting Party a request for arbitration, each 26 OA 30 C^yx6eH BecHMK Ha PM, 6p. 178 oa 22.12.2011 roflMHa Contracting Party shall appoint one member of the tribunalarbitrator. Those These two members arbitrators shall then together, within a further two months period, select a third arbitrator who is a national of a third State who an approval which maintains diplomatic relations with both Contracting Parties. The third arbitrator, once approved by the two Contracting Parties Parties, shall be appointed as Chairman of the arbitral tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If the arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this Article the necessary appointments have not been made Article, 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 State of either Contracting Party Pcirty, or if he is otherwise prevented from discharging the said this function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of State of either Contracting Party or if he too he/she also is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of State of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision decisions by a majority of votes. Such decision The decisions shall be final and binding on both upon each Contracting PartiesParty. 6. Each Contracting Party shall bear the cost costs of its own member of the arbitral tribunal and of its representation in the arbitral arbitration proceedings; the cost costs of the Chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The arbitral tribunal may, however, in its decision direct decide that a higher proportion of costs shall be borne by one of the two Contracting Parties, Parties and this such award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channels. (2. ) If a dispute between the contracting Contracting Parties cannot thus be settledsettled after a period of six months from the date of beginning of negotiations, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3. Such as arbitral ) Arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each as follows: Each Contracting Party shall appoint one member of the tribunal. Those , and the two members shall then select jointly third arbiter from, a national of a third State who an approval by the two Contracting Parties shall be appointed as Chairman of the tribunal. The two members shall appoint within three months, the Chairman shall be appointed within two five months from the date of appointment of the notification from one Party to the other two membersParty his attention to submit the dispute to an arbitral tribunal. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made made, either Contracting Party may, in the absence of any other agreement, may invite the President of the International Court of Justice 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 function, the Vice-President shall be invited to make the necessary appointmentsappointment. If the vice- Vice-President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. (5. ) The arbitral tribunal shall base its decisions on the provisions of this Agreement and the rules and principals of the international law, and shall reach its decision by a majority of votes. Such decision shall be final and binding on for the both Contracting Parties. . (6) The arbitral tribunal shall determine its own rules of proceedings. (7) Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedingsproceeding; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall be settled through diplomatic channelsas far as possible by friendly negotiations. (2. ) If a dispute between can not be settled within six (06) months from the contracting Parties cannot thus be settleddate on which a Contracting Party has requested negotiations under paragraph 1 of this Article, it shall upon the request of either Contracting Party may be submitted to an arbitral tribunalarbitration tribunal at the request of a Contracting Party. , It may be submitted to an arbitration court at the request of a Contracting Party. (3. Such as arbitral tribunal ) An arbitration court pursuant to paragraph 2 shall be constituted for each individual case dispute in the following way. Within two months of manner: Paragraph 2 shall be constituted for each dispute in the receipt of the request for arbitration, each Contracting Party following manner: Each contracting party shall appoint one member of the tribunal. Those member, and these two members shall then select agree on a third-country national of a third State as chairman, who an shall be appointed chairman, after approval by the two Contracting Parties shall be appointed Chairman contracting parties. The members of the tribunal. The Chairman arbitral tribunal shall be appointed within two months from the date of appointment of after a party to the other two membersContracting Party has notified that it wishes to submit the dispute to an arbitration tribunal. (4. ) If within the periods specified deadlines referred to in paragraph 3 of this Article the necessary appointments have are not been made either complied with, any Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make the necessary appointments, in the absence of any other such agreement. If the President of the International Court of Justice is a national of either Contracting Party or if he is prevented from exercising this function for any other reason, the Vice-President shall be requested to make the necessary appointments. If the Vice- President is a national of one of the Contracting Parties or if he is also prevented from exercising this function for any other reason, the next member of the International Court of Justice who is not a national of either Contracting Party shall request the necessary appointments In the absence of any other agreement to this effect, each Contracting Party may request the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of either Contracting Party or if he is prevented from exercising this function for any other reason, the Vice-President shall be requested to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he is otherwise also prevented from discharging the said functionexercising this function for any other reason, 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 form discharging the said function, the members next member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited required to make the necessary appointments. (5. ) Unless the controversy makes any other decision, the arbitral tribunal shall decide its own rules of procedure and decide the dispute under this Agreement, as well as the rules of international law recognized by both Contracting Parties. (6) The arbitral tribunal shall reach make its decision by a majority of votes. Such The decision shall be is final and binding on both Contracting Parties. Each Contracting Party shall bear parties. (7) If the cost court does not make a different decision on the basis of its own member special circumstances, the costs of the tribunal and of its representation in arbitration procedure, including the arbitral proceedings; the cost fees of the Chairman and the remaining cost judges, shall be borne in equal parts by shared equally among 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedureparties.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement should, if shall be settled as far as possible, be settled between the two Contracting Parties through diplomatic channels. 2. If the dispute is submitted to a dispute between joint commission composed of the contracting Parties cannot thus be settled, representatives of the Parties; it shall upon meet without delay and at the request of either Contracting Party party. 3. If the Joint Commission cannot settle the dispute within six months after the beginning of negotiations, it shall be submitted to an arbitral tribunal, at the request of one of the Contracting Parties. 34. Such as arbitral tribunal The Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of arbitrator and the tribunal. Those two members arbitrators shall then select appoint a third arbitrator who is a national of a third State who an approval by the two Contracting Parties shall be appointed as Chairman of the tribunalTribunal. The Chairman the 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 informed the other two membersContracting Party of its intention to submit the dispute to an arbitration tribunal. 45. If within the periods specified in paragraph 3 of this Article the necessary appointments (4) above have not been made made, either Contracting Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to make any the necessary appointments. If if the President of the International Court of Justice is a national of either Contracting Party or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. if the Vice-President is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionexercising his mandate, 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 form discharging the said function, the members most senior member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 56. The arbitral tribunal shall reach its decide on the basis of the provisions of this Agreement and the rules and principles of international law. the decision of the Tribunal shall be adopted by a majority of votes. Such decision it shall be final and binding on both Contracting Partiesthe contracting parties. 7. The tribunal shall determine its own rules of procedure. 8. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral arbitration proceedings; . the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedurecontracting parties.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this Agreement shouldAgreement, if possible, be settled through diplomatic channelsthe Contracting Parties shall in first place try to settle it by consultation and negotiation. 2. If a dispute between the contracting Contracting Parties cancan not thus be settledreach an agreement within twelve months after written notification of settlement negotiations by one of the parties to the dispute, it the latter shall upon the request of either Contracting Party Party, subject to its relevant laws and regulations, be submitted to an arbitral tribunal. 3tribunal of three members. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Each Contracting Party Parties shall appoint one member of the tribunal. Those arbitrator and these two members arbitrators shall then select nominate a Chairman, who shall be a national of a third State who an approval by the two State, having diplomatic relations with both Contracting Parties at the time of nomination. 3. The Contracting Party who initiates the arbitration shall appoint its arbitrator in the Request for Arbitration. If the other Contracting Party does not appoint its arbitrator within 30 days from the receipt of the Request for Arbitration, the arbitrator shall be appointed Chairman upon request of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either Contracting Party maywho has initiated the arbitration, in the absence of any other agreement, invite by the President of the International Court of Justice to make any necessary appointmentsJustice. 4. If the President is a national two arbitrators cannot reach an agreement within 60 days from the appointment of the second arbitrator about the choice of the Chairman, the latter shall be appointed, upon request of either Contracting Party or if he is otherwise prevented from discharging Party, by the said function, the Vice-President shall be invited to make the necessary appointmentsof International Court of Justice. 5. If the vice- in cases specified under paragraphs (3) and (4) of this Article, The President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members of the International Court of Justice next in seniority is prevented from carrying out the said function, or if he is a national of either of the Contracting Parties the appointment shall be made by the Vice- President of the International Court of Justice and if the latter is prevented or if he is also a national of either Contracting Party, then the appointment shall be made by the eldest member of the International Court of Justice who is not a national of either Contracting Party Shall be invited to make the necessary appointmentsParty. 56. The arbitral Subject to other provisions made by the Contracting Parties, the tribunal shall reach determine its decision by a majority procedure and the place of votes. Such decision shall be binding on both Contracting Partiesarbitration. 7. Each Contracting Party shall bear the cost costs of its own member of the tribunal and of or its representation in the arbitral Arbitral proceedings; the cost costs of the Chairman and the remaining cost 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 the Contracting Parties in equal parts. However, the tribunal may decide different proportions of costs to be borne by the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure. 8. The decisions of the tribunal are final and binding on the Contracting Parties.

Appears in 3 contracts

Samples: Investment Agreement, Reciprocal Promotion and Protection of Investments Agreement, Reciprocal Promotion and Protection of Investments Agreement

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled amicably through diplomatic channelsnegotiations. (2. ) If a dispute between the contracting Parties according to paragraph (1) cannot thus be settled, settled within six months it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3. ) Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party shall appoint one member of the tribunal. Those and these two members shall then select agree upon a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalas their Chairman. The Chairman Such members shall be appointed within two months from the date of appointment of one Contracting Party has informed the other Contracting Party, that it intends to submit the dispute to an arbitral tribunal, the Chairman of which shall be appointed within two membersfurther months. (4. ) If within the periods specified in paragraph 3 of this Article the necessary appointments have (3) are not been made 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 of the International Court of Justice is a national of either of the Contracting Party Parties or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make or in case of his inability the necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall should be invited under the same conditions to make the necessary appointments. (5. ) The tribunal shall establish its own rules of procedure. (6) The arbitral tribunal shall reach its decision by virtue of the present Agreement and pursuant to the generally recognized rules of international law. It shall reach its decision by a majority of votes. Such ; the decision shall be binding on both Contracting Parties. final and binding. (7) Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion award determine another distribution of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedurecosts.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. (1. Disputes ) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channelsnegotiations between the Governments of the two Contracting Parties. (2. ) If a the dispute between the contracting Parties cannot thus be settledsettled within a period of six months following the date on which such negotiations were requested by either Contracting Party, it shall may upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. (3. ) Such as 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 member of arbitrator for the tribunal. Those two members arbitrators shall then select a national of a third State who an who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersarbitrators. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall and not prevented from discharging such functions shall be invited to make the necessary appointments. (5. ) The arbitral tribunal shall reach its decision by a majority of votes. votes on the basis of the provisions of this Agreement, the principles of international law which are recognised by the Contracting Parties and the domestic law of the Contracting Party in which the investment is made. (6) Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of arbitrator to the tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining cost costs shall be borne in equal parts equally 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, and this award shall be binding on on, and executed by, both Contracting Parties. The . (7) Apart from the above, the tribunal shall determine its won own procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, should as far possible be settled through diplomatic channelsby the Governments of the two Contracting Parties. 2. If a dispute between the contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral arbitration tribunal. 3. Such as arbitral arbitration tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party shall appoint one member of the tribunal. Those member, and two members shall then select agree upon a national of a third State who an approval state as their chairman to be appointed by the Governments of the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman Such members shall be appointed within two (2) months, and such Chairman within three (3) months from the date of appointment of on which either Contracting Party has informed the other two membersContracting Party that it intends to submit the dispute to an arbitration tribunal. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments above have not been made observed, either Contracting Party may, in the absence of any other agreementarrangement, 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 function, the Vice-Vice- President shall be invited to should make the necessary appointments. If the vice- Vice-President is a national of either Contracting Party or if he too he, too, is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall be invited to should make the necessary appointments. 5. The arbitral arbitration tribunal shall reach its decision decisions by a majority of votes. Such decision decisions shall be binding on both Contracting Partiesfinal and binding. Each Contracting Party shall bear the cost of its own member and the cost of the tribunal and of its representation counseling in the arbitral arbitration proceedings; the . The cost of the Chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The arbitration tribunal maymay make a different regulation 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, and this award shall be binding on both Contracting Parties. The arbitration tribunal shall determine its won procedureown procedures.

Appears in 3 contracts

Samples: Bilateral Investment Treaty, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through the diplomatic channelschannel. (2. ) If a dispute between the contracting Contracting Parties cannot thus be settledsettled within six months from the beginning of the negotiations, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3. ) Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall shal1 appoint one member of the tribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made made, 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 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 appointments. If the vice- President Vice-president is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. (5. ) The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall shal1 be binding on both Contracting Parties. Each Contracting Party shall shal1 bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost costs shall in principle 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, Parties and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made made, 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 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said functionFunction, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall 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 binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made made, 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 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall shaii be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. a. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through the diplomatic channels.channel; 2. b. If a dispute between the contracting Contracting Parties cannot thus be settledsettled within six months from the beginning of the negotiations, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. c. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, arbitration each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. d. If within the periods specified in paragraph 3 Paragraph 3) of this Article the necessary appointments have not been made 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-Vice President shall be invited to make the necessary appointments. If the vice- Vice President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Shall Party, shall be invited to make the necessary appointments. 5. e. The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral arbitra1 proceedings; the cost of related to the Chairman and the remaining cost costs shall in principle 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. (1. Disputes ) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channelsnegotiations between the Governments of the two Contracting Parties. (2. ) If a the dispute between the contracting Parties cannot thus be settledsettled within a period of six months following the date on which such negotiations were requested by either Contracting Party, it shall may upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. (3. ) Such as 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 member of arbitrator for the tribunal. Those two members arbitrators shall then select a national of a third State who an who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersarbitrators. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall and not prevented from discharging such functions shall be invited to make the necessary neccesary appointments. (5. ) The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of arbitrator to the tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining cost costs shall be borne in equal parts equally 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, and this award shall be binding on on, and executed by, both Contracting Parties. The . (6) Apart from the above, the tribunal shall determine its won own procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the The Contracting Parties concerning agree to consult promptly, on the request of either, to resolve any disputes in connection with this Agreement, or to discuss any matter relating to the interpretation or application of this Agreement. The Contracting Parties also agree to consult promptly whenever a Contracting Party believes that steps are necessary to assure compatibility between this Agreement should, if possible, be settled through diplomatic channelsand the Treaties Establishing the European Communities with a view to assuring compatibility. 2. If a the dispute between the contracting Parties cannot be thus be settledsettled within six (6) months, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalArbitral Tribunal. Those These two members shall then select a national of a third State who an who, on approval by of the two Contracting Parties Parties, shall be appointed Chairman of the tribunalArbitral 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 members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary the appointments. If the President is he happens to be 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 necessary appointments. If the vice- Vice-President is also happens to be a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Partiesbinding. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; , the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall be settled through diplomatic channelsnegotiation. 2. ) If a the dispute between the contracting Parties cannot thus be settledso settled within six months from the start of the negotiation, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal, in accordance with the provisions of this Article. 3. Such as arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, : each Contracting Party shall appoint one member of the tribunal. Those an arbitrator and these two members arbitrators shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalact as Chairman. The Chairman arbitrators shall be appointed within two three months and the Chairman within five months from the date of appointment on which either of the two Contracting parties informed the other two membersContracting party of its intention to submit the dispute to arbitration. 4. If ) If, within the periods specified in paragraph 3 (3) of this Article Article, the necessary appointments have not been made made, either Contracting Party may, in the absence of any other agreementAgreement, 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-Vice President shall be invited to make the necessary appointments. If the vice- Vice President is a national of either Contracting Party or if he too is the two are prevented form from discharging the said function, the members member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. ) The arbitral tribunal Arbitral Tribunal shall determine its own procedure and shall reach its decision by a majority of votes. Such decision shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation Counsel in the arbitral proceedings; , the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 3 contracts

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

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Settlement of Disputes between the Contracting Parties. 1. Disputes between the The Contracting Parties shall endeavor, in good faith and in the spirit of cooperation, to reach prompt and fair settlement of any dispute that arises between them concerning the interpretation or application of this Agreement shouldagreement. In this regard, if possible, be settled through diplomatic channelsboth Contracting Parties agree to enter into direct and purposeful negotiations to reach this settlement. 2. If a settlement could not be reached within six months from the date of the start of the dispute between the contracting Parties cannot thus be settledby either Contracting Party, it shall may be submitted, upon the request of either Contracting Party be submitted of them, to an arbitral tribunal.tribunal made up of three arbitrators, as follows: 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each a. Each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed appoint, within two months from the date of appointment the said request, one arbitrator and these two arbitrators shall, within two months and upon approval of the other two membersboth Contracting Parties, choose a third arbitrator to be their chairman, where he should be a national of a third State. 4. b. If no agreement could be reached over the appointments within the periods specified mentioned in paragraph 3 Paragraph (a) of this Article the necessary appointments have not been made 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 a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President president shall be invited to make the necessary appointments. If the vice- President Vice-president of the International Court of Justice is a national of either Contracting Party or if he too is otherwise prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who may be invited to make the necessary appointments, provided that he is not a national of either Contracting Party Shall be invited to make the necessary appointmentsParty. 5. c. The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on both the Contracting Parties. Each Contracting Party shall bear the cost costs of its own member of the tribunal arbitrator and of its representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The However, the tribunal may, however, may decide in its decision direct that one Contracting Party bears a higher proportion of costs shall be borne by one percentage of the two Contracting Parties, and this award costs. This decision shall be binding on both parties. The arbitral tribunal shall establish its own procedures. d. Unless agreed otherwise between the Contracting Parties. , the location of the arbitration shall be The tribunal shall determine its won procedureHague (Netherlands).

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning relative to the interpretation or application of this Agreement should, if possible, shall as far as possible be settled through diplomatic channels. 2. If a it were not possible to settle the dispute between in this way within six months from the contracting Parties cannot thus be settledstart of the negotiations, it shall upon be submitted, at the request of either of the two Contracting Party be submitted Parties, to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. : Within the two months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed as Chairman of the tribunal. The Chairman shall be appointed within the two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made made, 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 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- Vice-President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall issue its decision on the basis of respect for the law, the provisions contained in this Agreement or in other agreements in force between the Contracting Parties, as well as the generally accepted principles of international law. 6. Unless the Contracting Parties decide otherwise, the arbitral tribunal shall lay down its own procedure. 7. The arbitral tribunal shall reach its decision by a majority of votes. Such votes and that decision shall be final and binding on both Contracting Parties. 8. Each Contracting Party shall bear the cost expenses of its own member arbitrator and those connected with representing it in the arbitration proceedings. The other expenses, including those of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost Chairman, 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 2 contracts

Samples: Agreement on the Promotion and the Reciprocal Protection of Investments, Promotion and Reciprocal Protection of Investments Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through the diplomatic channelschannel. 2. If a dispute between the contracting Contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an or approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall 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 binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. Disputes ) Differences of opinion between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled through diplomatic channelsby friendly negotiations. (2. ) If a dispute between the contracting Parties cancan not thus be settledsettled within six months in accordance with paragraph 1, it shall upon the request of either Contracting Party be submitted to an arbitral tribunalarbitration tribunal at the request of one of the contracting parties. If paragraph 1 is not submitted within six months, it shall be submitted to an arbitration court at the request of one of the contracting parties. (3. Such as ) The arbitral tribunal shall be constituted for each individual formed from case in the following way. Within two months of the receipt of the request for arbitration, to case as follows: each Contracting Party shall appoint one member of the tribunal. Those two and both members shall then select a national of agree on a third State who an approval by the two Contracting Parties country national as chairman. The members shall be appointed Chairman of by the tribunal. The Chairman shall be appointed chairman within a further two months within two months from after the date of appointment of one party to the agreement has notified the other two membersthat it wishes to submit the dispute to an arbitration tribunal. (4. ) If within the periods specified deadlines set out in paragraph 3 of this Article the necessary appointments have are not been made either Contracting Party maymet, in the absence of any other agreement, invite each Contracting Party may ask the President of the International Court of Justice to make any the necessary appointments. If the President is a national of the International Court of Justice has the nationality of either Contracting Party Party, or if he is otherwise prevented from discharging the said functionexercising this function for any other reason, the Vice-President, or in the event of his / her failure, may be called upon to appoint the most active member of the International Court of Justice In the absence of any other agreement, each Contracting Party may ask the President shall be invited of the International Court of Justice to make the necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members of the International Court of Justice next in seniority who is not a national has the nationality of either Contracting Party Shall Party, or if he is prevented from exercising this function for any other reason, the Vice-President, or in the event of his / her failure, may be invited called upon to make appoint the necessary appointmentsmost active member of the International Court of Justice make. (5. ) The arbitral tribunal shall reach decide its decision by a majority own rules of procedure. (6) The arbitral tribunal shall decide on the basis of this Agreement as well as on the basis of generally accepted rules of international law. It decides with multiple votes. Such decision ; The arbitration award shall be binding on both Contracting Parties. final and binding. (7) Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining cost shall be other costs are borne in equal parts equally by the Contracting Partiestwo contracting parties. The tribunal court may, however, in its decision direct that arbitral award, adopt 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 tribunal shall determine its won proceduredifferent cost regime.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning relative to the interpretation or application of this Agreement should, if possible, shall as far as possible be settled through diplomatic channels. 2. If a it is not possible to settle the dispute between in this way within six months from the contracting Parties cannot thus be settledstart of the negotiations, it shall upon be submitted, at the request of either of the two Contracting Party be submitted Parties, to an arbitral tribunal. 3. Such as The arbitral tribunal shall be constituted for each individual case set up in the following way. Within two months of the receipt of the request for arbitration, : each Contracting Party shall appoint one member of the tribunal. Those arbitrator and these two members arbitrators shall then select a national of a third State who an approval by country as Chairman. The arbitrators shall be appointed within three months and the Chairman within three months from the date on which either of the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of informed the other two membersContracting Party of its intention to submit the dispute to an arbitral tribunal. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made made, 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 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary 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 shall issue its decision in accordance with the provisions of this Agreement, other relevant agreements in force between the Contracting Parties and the applicable rules and principles of international law. 7. Unless the Contracting Parties decide otherwise, the arbitral tribunal shall lay down its own procedure. 8. The arbitral tribunal shall reach its decision by a majority of votes. Such votes and that decision shall be final and binding on both Contracting Parties. 9. Each Contracting Party shall bear the cost expenses of its own member arbitrator and those connected with representing it in the arbitration proceedings. The other expenses, including those of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost Chairman, 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, and this award shall be binding on both Contracting Parties. The unless the arbitral tribunal shall determine its won proceduredecides differently.

Appears in 2 contracts

Samples: Reciprocal Promotion and Protection of Investments Agreement, Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the The Contracting Parties shall. as far as possible. settle any dispute concerning the interpretation or application of this Agreement should, if possible, be settled through consultations or other diplomatic channels. 2. If a the dispute between has not been settled within six months following the contracting Parties cannot thus be settled, it shall upon the request of date on which such consultations or other diplomatic channels were requested by either Contracting Party and unless the Contracting Parties otherwise agree in writing. either Contracting Party may. by written notice to the other Contracting Party. submit the dispute to an ad hoc arbitral tribunal in accordance with the following provisions of this Article. 3. The arbitral tribunal shall be submitted constituted as follows: each Contracting Party shall appoint one member. and these two members shall agree upon a national of a third party as Chairman of the arbitral tribunal to be appointed by the two Contracting Parties. members shall be appointed within two months. and such Chairman within four months. from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments above have not been made complied with. either Contracting Party may, . in the absence of any other agreement, arrangement. 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 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 necessary appointments. If the vice- Vice-President of the International Court of Justice is a national of either Contracting Party or if he too he. too. is prevented form from discharging the said function, . the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach take its decision by a majority of votes. Such decision shall be made in accordance with this Agreement and such recognized rules of international law as may be applicable and shall be final end binding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own the member of the arbitral tribunal and of appointed by that Contracting Party. as well as the costs for its representation in the arbitral arbitration proceedings; the cost . The expenses of the Chairman and as well as any other costs of the remaining cost arbitration proceedings shall be borne in equal parts by the two Contracting Parties. The However. the arbitral tribunal may, however, in . at its decision discretion. direct that a higher proportion or all of such costs shall be borne paid by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The In all other respects. the arbitral tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channelsconsultation or negotiation on the application of either Contracting Party, in accordance with written notification. 2. If a the dispute between to be thus settled within six months from the contracting Parties cannot thus be settleddate of receipt of the notification, it shall upon is at the request of either Contracting Party be submitted to an arbitral tribunaltribunal under this Article. 3. Such as arbitral tribunal shall be The Arbitral Tribunal 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 member of the tribunalCourt. Those These two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either Contracting Party maymade, in the absence of any other agreement, invite the will be invited President of the International Court of Justice to make any necessary appointments. If the President it turns out that he 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 the Vice President to make the necessary appointments. If the vice- Vice President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national citizen of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votesvote. Such decision shall decisions will be binding on both Contracting Partiesbinding. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the proceedings cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If within the periods periods' specified in paragraph 3 of this Article the necessary appointments have not been made made, 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 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall 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 binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties Patties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channelsconsultation or negotiation. 2. If a the dispute between the contracting Parties cannot be thus be settledsettled within six months following the date on which such negotiations were requested by either Contracting Party, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary the appointments. If the President is he happens to be 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 necessary appointments. If the vice- Vice-President is also happens to be a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Partiesfinal and binding. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The tribunal 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. The In all other respects, the procedure of the Arbitral Tribunal shall be determined by the tribunal shall determine its won procedureitself.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall be settled through diplomatic channelsas far as possible by negotiations. 2. If a dispute between the contracting Parties according to paragraph 1 of this Article cannot thus be settledsettled within six (6) months, it shall shall, upon the request of either Contracting Party Party, be submitted to an arbitral tribunal.paragraph 1 of this Article cannot be settled within six (6) months, it shall, upon the request of either Contracting Party, be submitted to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, on an ad hoc basis as follows: each Contracting Party shall appoint one member of the tribunal. Those arbitrator and these two members arbitrators shall then select agree upon a national of a third State who an approval as their chairman to be appointed by the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman Such arbitrators shall be appointed within two (2) months from the date one Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal and the chairman shall be appointed within four (4) months following the appointment of the other two membersarbitrators. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have are not been made 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 of the International Court of Justice is a national of either of the Contracting Party Parties or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make or in case of his inability the necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall should be invited under the same conditions to make the necessary appointments. 5. The tribunal shall establish its own rules of procedure. 6. The arbitral tribunal shall reach its decision on the basis of the present Agreement and applicable rules of international law. It shall reach its decision by a majority of votes. Such ; the decision shall be binding on both Contracting Partiesfinal and binding. 7. Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion award determine another distribution of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedurecosts.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning relative to the interpretation or application of this Agreement should, if possible, shall as far as possible be settled through diplomatic channelsamicably by the Governments of the two Contracting Parties. 2. If a it were not possible to settle the dispute between in this way within six months from the contracting Parties cannot thus be settledstart of the negotiations, it shall upon be submitted, at the request of either of the two Contracting Party be submitted Parties, to an arbitral tribunala court of arbitration. 3. Such as arbitral tribunal The court of arbitration shall be constituted for each individual case set up in the following way. Within two months of the receipt of the request for arbitration, : each Contracting Party shall appoint one member an arbitrator and these two arbitrators shall elect a citizen from a third country as The and the president either of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two three five months from the date of appointment of on which Contracting Parties informed the other two membersintention to submit the dispute to a court arbitration. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made 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- Vice-President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal court of arbitration shall reach its decision on the basis of respect for the law, of the rules contained in Agreement or in other agreements in force between the Parties, and as well as of the universally recognized principles of international law. 6. Unless the Contracting Parties decide otherwise, the court shall lay its own procedure. 7. The court shall reach its decision by a majority of votes. Such votes that decision shall be final and binding on both Contracting Parties. 8. Each Contracting Party shall bear the cost of its own member expenses of the tribunal arbitrator appointed by it and of its representation those connected with representing it in the arbitral arbitration proceedings; the cost . The other expenses, including those of the Chairman and the remaining cost president, 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channelsconsultation or negotiation. 2. If a dispute between the contracting Contracting Parties cancan not thus be settledsettled within six months, it shall upon at the request in writing of either Contracting Party Party, be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each as follows: (a) Each Contracting Party shall appoint one member of the tribunal. Those member, and these two members shall then select a national of a third State who an who, on approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. ; (b) 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 membersContracting Party that it proposes to submit the dispute to an arbitral tribunal. 4. If If, within the periods specified in paragraph 3 of this Article the necessary appointments have not been made made, either Contracting Party may, in the absence of any other relevant agreement, 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 function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of either Contracting Party or if he too he, too, is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments., 5. (a) The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear . (b) Subject to the power of the arbitral tribunal to give a different ruling concerning costs, the cost of its own member of the tribunal and of its representation in the arbitral proceedings; proceedings shall be borne by each Contracting Party and the cost of the Chairman and the remaining cost 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. (c) In all respects other than those specified in subparagraphs (a) and (b) of this paragraph, and this award shall be binding on both Contracting Parties. The the arbitral tribunal shall determine its won own procedure.subparagraphs (a) and (b) of this paragraph, 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 the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, should as far as possible be settled through diplomatic channelsby the two Contracting Parties. 2. If a dispute between the contracting Parties cannot thus be settledsettled within a period of six (6) months from the date on which the matter was raised by either Contracting Party, it shall upon the request of either Contracting Party be submitted to an arbitral arbitration tribunal. 3. Such as arbitral arbitration tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party shall appoint one member of the tribunal. Those member, and these two members shall then select agree upon a national of a third State who an approval as their chairman to be appointed by the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman Such members shall be appointed within two three (3) months, and such chairman within five (5) months from the date of appointment of on which either Contracting Party has informed the other two membersContracting Party that it intends to submit the dispute to an arbitration tribunal. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments above have not been made observed, either Contracting Party may, in the absence of any other agreementarrangement, 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 function, the Vice-President shall be invited to should make the necessary appointments. If the vice- Vice-President is a national of either Contracting Party or if he too he, too, is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall be invited to should make the necessary appointments. 5. The arbitral arbitration tribunal shall reach its decision decisions by a majority of votes. Such decision decisions shall be binding on both Contracting Partiesbinding. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation representatives in the arbitral arbitration proceedings; the cost of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The arbitration tribunal maymay make a different regulation 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, and this award shall be binding on both Contracting Parties. The arbitration tribunal shall determine its won own procedure. 6. The chairman of the arbitration tribunal shall be a national of a third State with which both Contracting Parties maintain diplomatic relations.

Appears in 2 contracts

Samples: Investment Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled by consultation through diplomatic channels. (2. ) If a any dispute between the contracting Parties cannot thus be settledsettled within six months, it shall shall, upon the request of either Contracting Party Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article. (3. ) Such as arbitral tribunal an 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 member of the tribunalTribunal. Those These two members shall then select a national of a third State State, with which both Contracting Parties maintain diplomatic relations, who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made by either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary such appointments, subject to the same consideration set out in paragraph (3). 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- Vice-President also is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Shall Party, shall be invited to make the necessary appointments. (5) The Arbitral Tribunal shall determine its own procedure. The arbitral tribunal Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. . (6) Each Contracting Party shall bear the cost costs of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost . The costs of the Chairman and the remaining cost costs shall be borne in equal parts by the both 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 tribunal shall determine its won procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement agreement should, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed appointeed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made 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- Vice- President is a national of either Contracting Party or if he too too, is prevented form from discharging the said function, the members of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall 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 binding on both Contracting bothContracting Parties. Each Contracting Party shall bear the cost of its i ts own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning regarding the interpretation or and application of the provisions of this Agreement should, if possible, shall be settled by consultation and negotiation through diplomatic channels. 2. If a dispute between the contracting both Contracting Parties cannot thus reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, upon request of either Contracting Party, be settledsubmitted to an arbitration tribunal which shall be constituted as follows: Each Contracting Party shall appoint an arbitrator and these two arbitrators shall nominate a chairman who shall be a national of a third State, it which maintains diplomatic relations with both Contracting Parties. 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 be submitted to an arbitral tribunalby the President of the International Court of Justice. 35. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either Contracting Party mayIf, in the absence cases specified under paragraphs 3 and 4 of any other agreementthis Article, invite the President of the International Court of Justice to make any necessary appointments. If is prevented from carrying out the President 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 necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said functionParty, the members 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 necessary appointmentsParty. 56. Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The arbitral tribunal shall reach its decision decisions by a majority of votes. 7. Such decision shall be The decisions of the tribunal are final and binding on both for each Contracting PartiesParty. 8. Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its representation in the arbitral proceedings; the cost costs of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct decide that a higher proportion of costs shall be borne by one of the two Contracting Parties, Parties and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the The Contracting Parties shall resolve all disputes concerning the interpretation or application of this Agreement should, if possible, be settled as far as possible through consultation or other diplomatic channels. 2. If a dispute between has not been settled within six months of the contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months date of the receipt of the request for arbitrationsuch consultations or diplomatic channels, and if the Contracting Parties fail to reach a consensus in writing, each Contracting Party shall inform the other Contracting Party in writing of its disagreement as follows: "ad hoc "To the arbitral tribunal, on the basis of the following provisions of this Article. 3. The arbitral tribunal shall be constituted as follows: each Contracting Party shall appoint one member of the tribunal. Those two members and shall then select designate a national of a third State who an approval acting as the Chairman of the arbitral tribunal appointed by the two both Contracting Parties Parties. Such member shall be appointed for two months and the Chairman of the tribunal. The Chairman shall be appointed within two - four months from the date of appointment of on which a Contracting Party notifies the other two membersContracting Party of its intention to submit a dispute to the arbitral tribunal for consideration. 4. If within the periods specified time limit referred to in paragraph 3 has not been complied with, each Contracting Party may propose an International Court of this Article Justice to make the necessary appointments have not been made either Contracting Party may, in the absence of any other agreement, invite . If the President of the International Court of Justice is a national of a Contracting Party or fails to do so for other reasons, the Vice President of the International Court of Justice shall be invited to make any necessary the required 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 functionnot able to do so, the Vice-President he shall be invited to make the necessary appointments. If the vice- President is be a national of either Contracting Party or if he too is prevented form discharging the said function, the members 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 for subsequent appointments. 5. The arbitral tribunal shall reach make its decision decisions by a majority of votes. Such a decision shall be binding on both Contracting Parties. Each Contracting Party shall bear adopted in accordance with the cost terms of its own member of the tribunal this Agreement and of its representation in the arbitral proceedings; the cost of the Chairman universally accepted international law and the remaining cost 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, final and this award shall be binding on upon both Contracting Parties. The expenses of the arbitral tribunal appointed by one Contracting Party and its representation in the arbitration proceedings shall be borne by each Contracting Party. The President and any other costs incurred by the arbitrator shall be equally repayed by both Contracting Parties. However, the arbitration tribunal may, at its discretion, specify which of the Contracting Parties to fully or partially cover such costs. In all other cases, the arbitral tribunal shall determine the procedure for its won procedureoperation.

Appears in 2 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes between the The Contracting Parties shall, as far as possible, settle any dispute concerning the interpretation or application of this Agreement should, if possible, be settled through consultations or other diplomatic channels. 2. If a the dispute between has not been settled within six months following the contracting Parties cannot thus be settled, it shall upon the request of date on which such consultations or other diplomatic channels were requested by either Contracting Party and unless the Contracting Parties otherwise agree in writing, either Contracting Party may, by written notice to the other Contracting Party, submit the dispute to an ad hoc arbitral tribunal in accordance with the following provisions of this Article. 3. The arbitral tribunal shall be submitted constituted as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third state as Chairman of the arbitral tribunal to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such Chairman within four months, from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments above have not been made complied with, either Contracting Party may, in the absence of any other agreementarrangement, 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 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 necessary appointments. If the vice- Vice-President of the International Court of Justice is a national of either Contracting Party or if he too he, too, is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach take its decision by a majority of votes. Such decision shall be made in accordance with this Agreement and such recognized rules of international law as may be applicable and shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own the member of the arbitral tribunal and of appointed by that Contracting Party, as well as the costs for its representation in the arbitral arbitration proceedings; the cost . The expenses of the Chairman and as well as any other costs of the remaining cost arbitration proceedings shall be borne in equal parts by the two Contracting Parties. The tribunal mayIn all other respects, 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 shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled by negotiation through diplomatic channels.channels or otherwise. I 2. If a any dispute between the contracting Parties cannot be thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member arbitrator, and within two months of such appointment of the tribunal. Those two members shall then select a national of a third State who an approval by arbitrators, the two Contracting Parties shall be appointed Chairman of appoint the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersthird arbitrator. 4. If if the tribunal shall not have been constituted within four months of receipt of the periods specified in paragraph 3 of this Article the necessary appointments have not been made request for 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 appointmentsappoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionunable to do so, the Vice-President shall may be invited to make the necessary appointmentsdo so. If the vice- Vice-President is a national of either Contracting Party or if he too is prevented form discharging the said functionunable to do so, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall may be invited to make the necessary appointments, and so on. 5. In deciding a dispute, the tribunal shall take into account the provisions of this Agreement and the principles of international law. 6. The arbitral tribunal shall reach its decision decisions by a majority of votes. Such decision votes and these decisions shall be final and legally binding on both upon the Contracting PartiesParties who shall comply with the terms of its award. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral arbitration proceedings; the cost of the Chairman and the remaining cost shall be borne in equal parts shares by the 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine interpret its won decisions at the request of either Contracting Party. 7. Apart from the above the tribunal shall establish its own rules of procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. Disputes ) Any dispute arising between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled possible through the diplomatic channelsvia settled. (2. ) If a dispute between the contracting Contracting Parties thus puediera cannot thus be settledsettled within a period of six months from the date of notification of the dispute shall be submitted, it shall upon at the request of either Contracting Party be submitted contracting party to an arbitral tribunal. (3. ) Such as 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 member of the tribunal. Those two members Tribunal who shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4. ) If within the periods specified in paragraph 3 of this Article subparagraph immediately preceding does not have the necessary appointments have not been made appointments, 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 is a national of either Contracting Party or one of the contracting parties or, if he for any reason, is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of either Contracting Party of the contracting parties or if he too is also prevented form from discharging the said function, the members said member of the International Court of Justice who is next in seniority who order of precedence and is not a national of either Contracting Party Shall 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 on both Contracting Partiescontracting parties. Each Contracting Party shall bear the cost costs of its own the member of the tribunal Tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and Chairman, as long as the remaining cost other costs shall be borne in equal parts by the Contracting Partiescontracting parties. The However, the arbitral tribunal may, however, in shall determine 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 Partiescontracting parties. The tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement should, if possible, shall be settled as far as possible through diplomatic channels. 2. If a the dispute between the contracting Parties cannot thus be settledsettled in this way within six months from the beginning of negotiations, it the dispute shall upon be submitted, at the request of either Contracting Party be submitted of the two contracting parties to an arbitral tribunal. 3. Such as The arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of the tribunal. Those arbitrator and these two members arbitrators shall then select elect a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalas Chairman. The Chairman arbitrators shall be appointed within two months and the Chairman within four months from the date of appointment of on which either Contracting Party has informed the other two memberscontracting party of its intention to submit the dispute to an arbitration tribunal. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments article have not been made completed the necessary appointments, 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 cannot discharge 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 necessary appointments. If if the vice- Vice- President cannot discharge the said function or is a national of either Contracting Party or if he too is prevented form discharging the said functionParty, the members appointment shall be made by the member of the International Court of Justice next in n seniority who is not a national of any of either of the Contracting Party Shall be invited to make the necessary appointmentsParties. 5. The arbitral tribunal shall deliver its opinion on the basis of the rules contained in this Agreement or in other agreements in force between the contracting parties and on the generally accepted principles of International Law. 6. Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. 7. The tribunal shall reach its decision by a majority of votes. Such decision votes and shall be final and binding on both Contracting Parties. 8. Each Contracting Party shall bear the cost of its own member costs of the tribunal arbitrator appointed by it and of its representation in the arbitral proceedings; . The other expenses, including the cost of the Chairman and the remaining cost President, 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 2 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall be settled as far as possible through diplomatic channels. 2. If a the dispute between the contracting Parties cannot thus be settledsettled in this way within six months from the beginning of negotiations, it the dispute shall upon be submitted, at the request of either Contracting Party be submitted of the two contracting parties to an arbitral tribunal. 3. Such as The arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of the tribunal. Those arbitrator and these two members arbitrators shall then select elect a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalas Chairman. 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 memberscontracting party of its intention to submit the dispute to an arbitration tribunal. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments article have not been made completed the necessary appointments, 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 if the President of the International Court of Justice cannot discharge 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 necessary appointments. If if the vice- Vice- President cannot discharge the said function or is a national of either Contracting Party or if he too is prevented form discharging the said functionParty, the members appointment shall be made by the member of the International Court of Justice next in seniority who is not a national of either of the Contracting Party Shall be invited to make the necessary appointmentsParties. 5. The arbitral arbitration tribunal shall take its decisions under the provisions of this Agreement and the generally accepted principles of International Law. 6. Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure. 7. The tribunal shall reach its decision by a majority of votes. Such decision votes and it shall be final and binding on both Contracting Partiescontracting parties. 8. Each Contracting Party shall bear the cost of its own member costs of the tribunal arbitrator appointed by it and of its representation in the arbitral proceedings; . the cost of other expenses including the Chairman and the remaining cost President, 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedurecontracting parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall be settled through diplomatic channelsas far as possible by negotiation. 2. If a dispute between the contracting Parties according to paragraph 1 of this Article cannot thus be settled, settled within six (6) months it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party shall appoint one member of the tribunal. Those arbitrator and these two members arbitrators shall then select agree upon a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalas their chairman. The Chairman Such arbitrators shall be appointed within two (2) months from the date of appointment of one Contracting 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 two members(2) further months. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have are not been made 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 of the International Court of Justice is a national of either of the Contracting Party Parties or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make or in case of his inability the necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall should be invited under the same conditions to make the necessary appointments. 5. The tribunal shall establish its own rules of procedure. 6. The arbitral tribunal shall reach its decision in virtue of the present Agreement and pursuant to the rules of international law. It shall reach its decision by a majority of votes. Such ; the decision shall be binding on both Contracting Partiesfinal and binding. 7. Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion award determine another distribution of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedurecosts.

Appears in 2 contracts

Samples: Investment Agreement, Bilateral Investment Treaty

Settlement of Disputes between the Contracting Parties. 1. Disputes between the The two Contracting Parties shall strive with good faith and mutual cooperation to reach a fair and quick settlement of any dispute arising between them concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2Agreement. In this connection the two parties hereby agree to enter into direct objective negotiations to reach such settlement. If the disagreement has not been settled within a dispute between period of six months from the contracting Parties cannot thus be settleddate on which the matter was raised by either Contracting Party, it shall upon may submitted at the request of either Contracting Party be submitted to an arbitral tribunalArbitral Tribunal composed of three members. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way2. Within a period of two months from the date of receiving the receipt of the said request for arbitration, each Contracting Party shall appoint one member arbitrator, and the two arbitrators so appointed shall appoint, within a period of two months and with the tribunal. Those two members shall then select approval of both Contracting Parties, a national of a third State who an approval by the two Contracting Parties shall be appointed country as Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersTribunal. 43. If within the periods specified in paragraph 3 (2) of this Article the necessary appointments have not been made made, either Contracting Party may, in the absence of any other agreement, 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 form discharging the said function, the Vice-Vice- President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of either Contracting Party party or if he too is prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 54. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision decisions shall be binding on both Contracting Parties. Each Contracting Party party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The tribunal Tribunal may, however, however in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, parties and this award shall be binding on both Contracting Parties. The tribunal Tribunal shall determine its won own procedure. 5. Unless agreed otherwise by the Contracting Parties, the venue of Arbitration shall be The Hague, Netherlands. 6. All claims shall be submitted and all hearing session shall be completed within a period of eight months from the date the third member is appointed, unless otherwise agreed. The tribunal shall issue its decision within two months from the date of submitting the final claims or the date of closing the general sessions, whichever is later. 7. It shall not be permitted to submit a dispute to an Arbitration Tribunal pursuant to the rules of this Article if the same dispute was submitted to another Arbitration Tribunal pursuant to the rules of Article (8) hereunder and which is still under hearing by that Tribunal. This, however, shall not affect entering into direct and constructive negotiations between the Contracting parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, the agreement shall - if possible, -be settled through diplomatic channelsnegotiations between the governments of the Contracting Parties. (2. ) If a the dispute between the contracting Parties cannot thus be settledsettled within six months, from the start of the negotiations, it shall upon the request of either Contracting Party Parties be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this article. (3. Such as arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State State, who an on approval by of the two (wo Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two three months from the date of appointment of the other two members. (4. ) If within the periods specified in paragraph 3 (3) of this Article article the necessary appointments have not been made, a request may be made by either Contracting Party may, in Parties to the absence of any other agreement, invite the President president of the International Court of Justice to make any necessary such appointments. If the President is , if he happens to be a national of either Contracting Party Parties or if he is otherwise prevented from discharging the said function, the Vicevice-President president shall be invited to make the necessary appointments. If the vice- President is vicepresident also happens to be a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in the seniority who is not a national of either Contracting Party Shall Parties shall be invited to make the necessary appointments. (5. ) The arbitral tribunal Arbitral Tribunal shall determine its own procedure and shall reach its decision by a majority of votes. Such decision shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation Counsel in the arbitral proceedings; the cost of the Chairman and the (he remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 2 contracts

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

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled through diplomatic channelsconsultation or negotiation. (2. ) If a the dispute between the contracting Parties cannot thus be settledsettled within three(3) months, it shall shall, upon the request of either Contracting Party Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article. (3. Such as arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two two(2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunaltribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three(3) months from the date of appointment of the other two members. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary the appointments. If the President is he happens to be 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 necessary appointments. If the vice- Vice-President is also happens to be a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the appointments.paragraph (3) of this Article the necessary appointments have not been made, a request may be made to the President of the International Court of Justice to make the appointments. If he 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 appointments. If the Vice-President also 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 appointments. (5. ) The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such , the decision shall be being final and binding on both the Contracting Parties. . (6) Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the The Contracting Parties shall, as far as possible, settle any dispute concerning the interpretation or application of this Agreement should, if possible, be settled through consultations or other diplomatic channels. 2. If a the dispute between has not been settled within six months following the contracting Parties cannot thus be settled, it shall upon the request of date on which such consultations or other diplomatic channels were requested by either Contracting Party and unless the Contracting Parties otherwise agree in writing, either Contracting Party may, by written notice to the other Contracting Party, submit the dispute to an ad hoc arbitral tribunal in accordance with the following provisions of this Article. 3. The arbitral tribunal shall be submitted .constituted as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third state as Chairman of the arbitral tribunal to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such Chairman within four months, from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments above have not been made complied with, either Contracting Party may, in the absence of any other agreementarrangement, 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 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 necessary appointments. If the vice- Vice-President of the International Court of Justice is a national of either Contracting Party or if he too he, too, is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach take its decision by a majority of votes. : Such decision shall be made in accordance with this Agreement and such recognized rules of international law as may be applicable and shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own the member of the arbitral tribunal and of appointed by that Contracting Party, as well as the costs for its representation in the arbitral arbitration proceedings; the cost . The expenses of the Chairman and as well as any other costs of the remaining cost arbitration proceedings shall be borne in equal parts by the two Contracting Parties. The 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, and this award shall be binding on both Contracting Parties. The In all other respects, the arbitral tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through the diplomatic channels.channel 2. If a dispute between the contracting Contracting Parties cannot thus be settledsettled within six months of the date on which one of the Contracting Parties notifies, in writing, the other Contracting Party, it shall upon the request of either Contracting Party be submitted to an arbitral tribunalArbitration Tribunal. 3. Such as arbitral tribunal an Arbitration Tribunal shall be constituted for each individual case in the following way. Within With two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court Courts of Justice to make any necessary appointments. If the President 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- Vice- President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members Member of the International international Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitration Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the The Contracting Parties shall, as far as possible, settle any dispute concerning the interpretation or application of this Agreement should, if possible, be settled through consultations or other diplomatic channels. 2. If a the dispute between has not been settled within six months from the contracting date on which such consultations or other diplomatic channels were requested by either Contracting Party, and unless the Contracting Parties cannot thus be settledhave agreed otherwise in writing, it shall upon the request of either Contracting Party may, by written notice to the other Contracting Party, submit the dispute to an ad hoc arbitral tribunal in accordance with the following provisions of this Article. 3. The arbitral tribunal shall be submitted constituted as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third state as Chairman of the arbitral tribunal, to be appointed by the two Contracting Parties. The two members shall be appointed within two months and the Chairman within four months from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph Paragraph 3 of this Article the necessary appointments above have not been made observed, either Contracting Party may, in the absence of any other agreementarrangement, 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 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 necessary appointments. If the vice- Vice-President of the International Court of Justice is a national of either Contracting Party or if he too he, too, is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach take its decision by a majority of votes. Such decision shall be made in accordance with this Agreement and the recognized rules of international law as may be applicable and shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own the member of the arbitral tribunal and of appointed by that Contracting Party, as well as the costs for its representation in the arbitral arbitration proceedings; the cost . The expenses of the Chairman and the remaining cost as well as any other costs shall be borne in equal parts by the two Contracting Parties. 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, and this award shall be binding on both Contracting Parties. The In all other respects, the arbitral tribunal shall determine its won procedureown procedures.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through diplomatic channelsnegotiation. 2. If a any dispute between the contracting Parties cannot thus be settledsettled within six months, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article. 3. Such as arbitral tribunal an Arbitral Tribunal shall be constituted for each individual case in the following way. Within way : within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State State, who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made by either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary such 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- Vice-President also is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. 6. Each Contracting Party shall bear the cost costs of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the cost . The costs of the Chairman and the remaining cost costs shall be borne in equal parts by the both 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. 7. The tribunal Arbitral Tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Bilateral Investment Treaty, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled through the diplomatic channels. 2. If a dispute between the contracting Contracting Parties cannot thus be settledreach an agreement within six months after the beginning of the dispute, it shall the latter shall, upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of from the receipt of date on which either Contracting Party receives from the other Contracting Party a request for arbitration, each Contracting Party shall appoint one member of the tribunalarbitrator. Those These two members arbitrators shall then together, within a further two months period, select a third arbitrator who is a national of a third State who an approval State. The third arbitrator, once approved by the two Contracting Parties Parties, shall be appointed as Chairman of the arbitral tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If the arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this Article the necessary appointments have not been made Article, 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 State of either Contracting Party Party, or if he is otherwise prevented from discharging the said this function, the Vice-President shall be invited to make the necessary appointments. If the vice- Vice-President is a national of either State of Either Contracting Party or if he too also is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of State of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision decisions by a majority of votes. Such decision The decisions shall be final and binding on both upon each Contracting PartiesParty. 6. Each Contracting Party shall bear the cost costs of its own member of the arbitral tribunal and of its representation in the arbitral arbitration proceedings; the cost costs of the Chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The arbitral tribunal may, however, in its decision direct decide that a higher proportion of costs shall be borne by one of the two Contracting Parties, Parties and this such award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, shall be settled through diplomatic channelsas far as possible by negotiations between the Contracting Parties. 2. If a the dispute between can not be settled within six months from the contracting Parties cannot thus be settleddate of the written request of either Contracting Party to conduct the negotiations, it shall upon at the request of either Contracting Party be submitted Party, he referred to an the arbitral tribunal. 3. Such as The arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request case, for arbitration, which each Contracting Party shall appoint one member of the tribunalarbitration tribunal within two months from the date of receipt of the notification of the arbitration proceedings. Those Then, these two members shall then select a national of a third State State, who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed arbitral tribunal within two months one month from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article Article, the necessary appointments have not been made either Contracting Party maymade, then, in the absence of any other agreementagreement between the Contracting Parties, invite any contracting party may request the President of the International Court of Justice to make any necessary such appointments. If the President chairman of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging unable to discharge the said function, the Vice-President shall be invited to then make the necessary appointmentsappointments invited the Deputy President of the International Court. If the vice- President deputy chairman of the International Court of Justice is a national of either Contracting Party or if he too is prevented form discharging otherwise unable to discharge the said function, then make the members necessary appointments offered to the next in seniority 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 appointmentsin respect of which There are no other reasons that prevent it from fulfilling this request. 5. The arbitral tribunal shall reach render its decision by a majority of votesvote. Such This decision shall be is final and binding on both the Contracting Parties. Each Contracting Party shall bear the cost expenses related to the activities of its own appointed member of the tribunal and of its representation in the arbitral arbitration proceedings; . The costs associated with the cost of the arbitration court Chairman and the remaining cost other expenses The Contracting Parties shall be borne bear in equal parts by shares. However, the Contracting Parties. The tribunal may, however, Court may in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting PartiesParties shall bear a larger share of spending, and this award shall that decision will be binding on both Contracting Parties. The arbitral tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, agreement shall be settled through diplomatic channelsnegotiations, where possible. 2. If a dispute between the contracting Parties cancould not thus be settledsettled according to Paragraph (1) of this article within six months it shall, it shall upon the request of either Contracting Party Party, be submitted to an a special arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of the tribunal. Those arbitrator and these two members arbitrators shall then select choose a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunalas their chairman. The Chairman arbitrators shall be appointed within two months from the date of appointment of one Contracting Party informs the other Contracting Party of its desire to submit the dispute to an arbitral tribunal. The chairman shall be appointed within two membersfurther months. 4. If the tribunal could not be constituted within the periods specified in paragraph 3 Paragraph (3) of this Article the necessary appointments have not been made article, either Contracting Party may, in the absence of any other agreementarrangement, 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 Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make president, or in case of his inability the necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall may be invited invited, under the same conditions, to make the necessary appointments. 5. The arbitral tribunal shall establish its own procedures. 6. The arbitral tribunal shall reach its decision by virtue of the present agreement and pursuant to the rules of international law. It shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Partiesfinal and binding. 7. Each Contracting Party shall bear the cost costs of its own member of the tribunal arbitrator and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The However, the tribunal shall determine its won proceduremay decide on a different cost distribution.

Appears in 2 contracts

Samples: Reciprocal Promotion and Protection of Investments Agreement, Reciprocal Promotion and Protection of Investments Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the The Contracting Parties shall, as far as possible, settle any dispute concerning the interpretation or application of this Agreement should, if possible, be settled through consultations or other diplomatic channels., 2. If a the dispute between has not been settled within six (6) months following the contracting Parties cannot thus be settled, it shall upon the request of date on which such consultations or other diplomatic channels were requested by either Contracting Party and unless the Contracting Parties otherwise agree in writing, either Contracting Party may, by written notice to the other Contracting Party, submit the dispute to an ad hoc arbitral tribunal in accordance with the following provisions of this Article, 3. The arbitral tribunal shall be submitted constituted as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third state as Chairman of the arbitral tribunal to be appointed by the two Contracting Parties. The two members shall be appointed within two (2) months, and the Chairman within four (4) months, from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have are not been made complied with, either Contracting Party may, in the absence of any other agreementarrangement, 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 Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-Vice- President of the International Court of Justice shall be invited to make the necessary appointments. If the vice- Vice-President of the International Court of Justice is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach take its decision by a majority of votes. , Such decision shall be made in accordance with this Agreement and such recognized rules of international law as may be applicable and shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own the member of the arbitral tribunal and of appointed by that Contracting Party, as well as the costs for its representation in the arbitral arbitration proceedings; the cost . The expenses of the Chairman and as well as any other costs of the remaining cost arbitration proceedings shall be borne in equal parts by the two Contracting Parties. The 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, and this award shall be binding on both Contracting Parties. The In all other respects, the arbitral tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2. If a the dispute between the contracting Contracting Parties cannot thus be settled, within six. (6) months it shall upon the request of either Contracting Party be submitted to an arbitral tribunaltribunal in accordance with the provisions of this Article. 3. Such as an arbitral tribunal shall be constituted for each individual case in the following way. Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. 4. If the necessary appointments have not been made within the periods specified in paragraph 3 of this Article the necessary appointments have not been made Article, either Contracting Party may, in the absence of any other agreement, invite the President Secretary-General of the International Permanent Court of Justice Arbitration to make any the necessary appointments. If the President Secretary-General 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 form discharging the said function, the members official of the International Permanent Court of Justice Arbitration next in seniority who is not a national of either Contracting Party Shall or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach its its. decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the arbitral tribunal and of its representation in the arbitral proceedingsproceeding; the cost of the Chairman and the remaining cost costs shall be borne in equal parts by 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. The arbitral tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled amicably or through diplomatic channelsconsultations, mediation or conciliation. (2. If a dispute between the contracting Parties cannot thus be settled, it shall upon ) At the request of either Contracting Party a dispute concerning the interpretation or application of this Agreement may be submitted to an arbitral tribunaltribunal for decision not earlier than 90 days after such request has been notified to the other Contracting Party. (3. Such as ) A Contracting Party may not initiate proceedings under this Part for a dispute regarding the infringement of rights of an investor which that investor has submitted to arbitration under Article 10 of this Agreement, unless the other Contracting Party has failed to abide by and comply with the award rendered in that dispute or those proceedings have terminated without resolution by an arbitral tribunal of the investor's claim. (4) The arbitral tribunal shall be constituted for each individual case in the following way. ad hoc as follows: Within two months of the 30 days after receipt of the a request for arbitration, each Contracting Party the Parties to the dispute shall appoint one member by agreement three members of the tribunaltribunal and designate one of them as chairman. Those two Except for compelling reasons, the members shall then select a national of a third State who an approval be persons proposed by the two Contracting Parties shall be appointed Chairman Secretary General of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersICSID. 4. (5) If within the periods period specified in paragraph 3 of this Article the necessary appointments have (4) is not been made observed, either Contracting Party may, in the absence of any other agreement, invite the President Secretary General 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 form discharging the said function, the members of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall be invited ICSID to make the necessary appointments. 5. (6) Members of an arbitral tribunal shall be independent and impartial. (7) The arbitral tribunal will settle disputes in accordance with this Agreement and the applicable rules and principles of international law. (8) Unless the parties to the dispute decide otherwise, the Permanent Court of Arbitration Optional Rules for Arbitrating Disputes shall reach apply to matters not governed by other provisions of this Article. (9) The tribunal, in its decision by a majority award, shall set out its findings of voteslaw and fact, together with the reasons therefore. Such decision The arbitration award shall be final and binding on both Contracting Parties. upon the parties to the dispute. (10) Each Contracting Party shall bear pay the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining cost tribunal shall be borne in equal parts paid for equally by the Contracting PartiesParties unless the tribunal directs that they be shared differently. (11) Each Contracting Party shall enforce pecuniary obligations imposed by an arbitration award in accordance with the ICSID-Convention. The 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 tribunal shall determine its won procedure.Chapter Three : Final Provisions

Appears in 2 contracts

Samples: Investment Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. Disputes ) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channelsnegotiations between the Governments of the two Contracting Parties. (2. ) If a the dispute between the contracting Parties cannot thus be settledsettled within a period of six months following the date on which such negotiations were requested by either Contracting Party, it shall may upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. (3. ) Such as 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 member of arbitrator for the tribunal. Those two members arbitrators shall then select a national of a third State who an who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman Chairperson of the tribunal. The Chairman Chairperson shall be appointed within two months from the date of appointment of the other two membersarbitrators. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made made, either Contracting Party may, in the absence of any other agreementAgreement, 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- Vice-President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall and not prevented from discharging such functions 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 binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of arbitrator to the tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman Chairperson and the remaining cost costs shall be borne in equal parts equally 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, and this award shall be binding on on, and executed by, both Contracting Parties. The . (6) Apart from the above, the tribunal shall determine its won own procedure.

Appears in 2 contracts

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

Settlement of Disputes between the Contracting Parties. (1. Disputes ) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channelsnegotiations between the Governments of the two Contracting Parties. (2. ) If a the dispute between the contracting Parties cannot thus be settledsettled within a period of six months following the date on which such negotiations were requested by either Contracting Party, it shall may upon the request of either Contracting Party Party, be submitted to an arbitral tribunal. (3. ) Such as 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 member of arbitrator for the tribunal. Those two members arbitrators shall then select a national of a third State who an who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersarbitrators. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made 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- Vice-President is a national of either Contracting Party or if he too is prevented form from discharging the said function, the members Member of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall and not prevented from discharging such functions shall be invited to make the necessary appointments. (5. ) The arbitral tribunal shall reach its decision by a majority of votes. votes on the basis of the provisions of this Agreement, the principles of international law which are recognised by the Contracting Parties and the domestic law of the Contracting Party in which the investment is made. (6) Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of arbitrator to the tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining cost costs shall be borne in equal parts equally 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, and this award shall be binding on on, and executed by, both Contracting Parties. The . (7) Apart from the above, the tribunal shall determine its won own procedure.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this the Agreement should, shall - if possible, possible - be settled through diplomatic channelsnegotiations between the governments of the Contracting Parties. (2. ) If a the dispute between the contracting Parties cannot thus be settledsettled within six months, from the start of the negotiations, it shall upon the request of either Contracting Party be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article. (3. Such as arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunalTribunal. Those These two members shall then select a national of a third State State, who an on approval by of the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two three months from the date of appointment of the other two members. (4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made by either Contracting Party may, in to the absence of any other agreement, invite the President president of the International Court of Justice to make any necessary such appointments. If the President is he happens to be a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vicevice-President president shall be invited to make the necessary appointments. If the vice- President is vice-president also happens to be a national of either Contracting Party or if he too is prevented form from discharging the said function, the members of the International Court of Justice next in the seniority who is not a national of either Contracting Party Shall shall be invited to make the necessary appointments. (5. ) The arbitral tribunal Arbitral Tribunal shall determine its own procedure and shall reach its decision by a majority of votes. Such decision shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation Counsel in the arbitral proceedings; the cost of the Chairman and the remaining cost 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, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

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