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

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, to an arbitral tribunal, composed of three members. Each Contracting Party shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting Parties. 2. If one of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 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 shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member of the Tribunal and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 13 contracts

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

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Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations, upon exchange of the written notifications to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting PartyParty by diplomatic channels, to an arbitral tribunal, composed tribunal of three members, 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has within the specified time, the ether Contracting Party may request the President of the International Xxxxx of Justice to make the appointment. 3. If both arbitrators cannot proceeded to do so reach an agreement about the choice of the Chairman within two (2) months after an invitation from the other Contracting Party to make such their appointment, the latter Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the Vice-President appointment shall be invited to make made by the necessary appointments. If Vice- President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointments.Party, 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine vender its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. Such Arbitral Tribunal shall reach its decision shall be final on the basis of this Agreement and binding on in accordance with international law applicable between the Contracting Parties., 87. Each Contracting Party shall bear Expenses incurred by the costs of its appointed member of Chairman, the Tribunal other arbitrators, and of its representation in the arbitration proceedings and half of the other costs of the chairman and proceedings shall be paid for equally by the remaining costsContracting Parties. The Tribunal tribunal may, however, in at its decision direct discretion, decide that a higher proportion of the costs shall be borne paid by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties. 8 A dispute shall not be submitted to an international arbitral tribunal under the provisions of this Article, if 4 dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 and is still before the tribunal, This will not impair the engagement in direct and meaningful negotiations

Appears in 10 contracts

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

Settlement of Disputes between the Contracting Parties. 11 . Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement; shall, which if possible, be settled through consultation or negotiation. 2 . If the dispute cannot be thus settled within a reasonable amount of time by means of diplomatic negotiationssix months, shall, unless the Contracting Parties have otherwise agreed, be submitted, at 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 . 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, composed of three members. Each each Contracting Party shall appoint one arbitrator and member of the Tribunal. These two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is then select a national of a third State that has diplomatic relations with both who on approval of the two Contracting PartiesParties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within three months from the date of appointment of the other two members. 24 . If one within the periods specified in paragraph 3 of this Article the Contracting Parties fails necessary appointments have not been made, a request may be made to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable he happens to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is 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 necessary appointments. If the Vice-Vice President also happens to be a national of either Contracting Party or is prevented from discharging the said function or is a national of either Contracting Partyfunction, the most senior member of the International Court available of Justice next in seniority who is not a national of either Contracting Party 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. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably5 . The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8binding. Each Contracting Party shall bear the costs cost of its appointed member of the Tribunal own arbitrator and of its representation in the arbitration proceedings and half arbitral proceedings; the cost of the costs of the chairman Chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one of the two both Contracting Parties. Such decision The Arbitral Tribunal shall be binding on both Contracting Partiesdetermine its own procedure.

Appears in 9 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation, a rapid and equitable solution. to any dispute between the Contracting Parties them concerning the interpretation or of application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request; each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the Vice-President shall appointment shat] be invited to make made by the necessary appointments. If Vice- President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after. the date of the final submissions of the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. Such Arbitral Tribunal shall reach its decision on the basis of this Agreement and in accordance with international law applicable between the Contracting Parties. 7. Each Contracting Party shall bear the cost of its arbitrator and its representation at the proceedings. Other costs, including those incurred by the Chairman, shall be final and binding on paid for equally by the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitral tribunal under the costs provisions of its appointed member this Article, if a dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 and is still before the Tribunal and of its representation in tribunal. This will not impair the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, howeverengagement, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on and meaningful negotiations between both Contracting Parties.

Appears in 9 contracts

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

Settlement of Disputes between the Contracting Parties. 11 . Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall, which if possible, be settled by consultation or negotiation through diplomatic channels. 2 . If the dispute cannot be thus settled within a reasonable amount of time by means of diplomatic negotiationssix months, shall, unless the Contracting Parties have otherwise agreed, be submitted, at 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 . 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, composed of three members. Each each Contracting Party shall appoint one arbitrator and member of the Arbitral Tribunal. These two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is then select a national of a third State that has which maintains diplomatic relations with both Contracting PartiesParties who on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within three months from the date of appointment of the other two members. 24 . If one within the periods specified in paragraph 3 of this Article the Contracting Parties fails necessary appointments have not been made, a request may be made to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable he happens to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is 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 necessary appointments. If the Vice-Vice President also happens to be a national of either Contracting Party or is prevented from discharging the said function or is a national of either Contracting Partyfunction, the most senior member of the International Court available of Justice next in seniority who is not a national of either Contracting Party 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. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably5 . The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Arbitral Tribunal shall reach its decision by a majority of votes. Such The decision shall be at the Arbitral Tribunal is final and binding on the for each Contracting PartiesParty. 86 . Each Contracting Party shall bear the costs cost of its appointed member of the Tribunal own arbitrator and of its representation in the arbitration proceedings and half arbitral proceedings; the cost of the costs of the chairman Chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties. 7 . The Arbitral Tribunal shall determine its own procedure.

Appears in 9 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal. 2. Within two (2) months of receipt of a request, composed of three members. Each each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 87. Each Contracting Party shall bear the costs of its the arbitrator appointed member of the Tribunal by that Contracting Party and of its representation in the arbitration proceedings and half arbitral proceedings. Both Contracting Parties shall assume an equal share of the costs of the chairman and the remaining Chairman, as well as any other costs. The Tribunal may, however, in its tribunal may make a different decision direct that a higher proportion regarding the sharing of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Partiescosts.

Appears in 8 contracts

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

Settlement of Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall, which if possible, be settled through the diplomatic channel. (2) If a dispute between the Contracting Parties cannot thus be settled within a reasonable amount six months from the beginning of time by means of diplomatic the negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within three months of the receipt of the request for arbitration, composed of three members. Each each Contracting Party shall appoint one arbitrator and member of the tribunal. Those two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is then select a national of a third State that has diplomatic relations with both who on approval by the two Contracting Parties. 2. If one Parties shall be appointed Chairman of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so tribunal. The Chairman shall be appointed within two months after an invitation 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 to make such appointmentmay, in the latter Contracting Party may absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty 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 from discharging the said function or 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.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 PartyParty or if he is otherwise prevented from discharging the said function, the most senior 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 available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. ) The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the both Contracting Parties. 8. Each Contracting Party shall bear the costs cost of its appointed own member of the Tribunal tribunal and of its representation in the arbitration proceedings and half arbitral proceedings; the cost of the costs of the chairman Chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall in principle be borne in equal parts by one of the two Contracting Parties. Such decision The tribunal shall be binding on both Contracting Partiesdetermine its own procedure.

Appears in 7 contracts

Samples: Bilateral Investment Treaty, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations through diplomatic channels to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he/she is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he/she is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. Such Arbitral Tribunal shall reach its decision shall be final on the basis of this Agreement and binding on in accordance with international law applicable between the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member of the Tribunal and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 7 contracts

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

Settlement of Disputes between the Contracting Parties. 1. ) Any dispute between the Contracting Parties concerning the interpretation or application of this the present Agreement, which cannot be settled within a reasonable amount lapse of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, to an arbitral tribunal, composed of three members. Each Contracting Party shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting PartiesParty. 2. ) If one of the Contracting Parties fails to appoint an its arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. ) If the two core arbitrators are unable to agree on the chair person reach agreement, in the two months following their appointment, on the choice of the third arbitrator, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. ) If, in the cases provided for in the paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, Party the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal ) The tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law basis of Treatiesrespect for the law. Before the Tribunal tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle that the dispute be settled amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. ) Unless the Contracting Parties decide otherwise, the Tribunal tribunal shall determine its own procedure. 7. ) The Tribunal tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member of the Tribunal and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 6 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Any ) If any dispute arises between the two Contracting Parties concerning Parties, relating to the interpretation or application of this Agreementagreement, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedwill endeavor first to settle it through consultation and negotiation. 2) If the two Contracting Parties did not reach an agreement within six months after the written request for settlement discussions, the dispute shall be submitted, at submitted upon the request of either one of the Contracting PartyParties and according to their relevant laws and procedures, to an arbitral tribunal, composed a tribunal of three membersarbitrators. Each Contracting Party party shall appoint one arbitrator arbitrator, and the these two arbitrators thus appointed shall together appoint nominate the third arbitrator, who shall be the president of the tribunal. The president must be from a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national of a third State country that has diplomatic relations with both Contracting Partiescontracting parties at the time of the nomination. 2. 3) If one the Contracting Party who requested the arbitration appoints its arbitrator in the text of the Contracting Parties fails to appoint an arbitrator arbitration request and has not proceeded to do so within two months after an invitation from if the other Contracting Party to make such appointmentdoes not appoint its court within two months from the date of receiving the arbitration request, the latter Contracting Party may invite that arbitrator will be appointed by the President of the International Court of Justice to make at the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one monthrequest of the Contracting Party who requested the arbitration. 3. 4) If the two core arbitrators are unable to do not agree on choosing the chair person in president within sixty days of the two months following their appointmentappointment of the second arbitrator, either Contracting Party may invite the latter will be appointed by the President of the International Court of Justice to make at the necessary appointmentrequest of either of the Contracting Parties. 5) In the two cases specified in (3) and (4. If, in the cases provided for in the paragraphs 2 and 3 ) of this Articlearticle, if the President of the International Court of Justice is prevented from discharging unable to carry out the said function aforementioned tasks or if he is a national citizen of one of the Contracting Parties, the appointments will be made by the Vice-President of the International Court of Justice and if it is not possible for the latter to make these appointments, or if he is also a citizen of one of the Contracting Parties, the appointments will be made by the member of the International Court of Justice next in seniority who is not a citizen of either Contracting Party, . 6) The tribunal shall determine its procedures and the Vice-President place of arbitration unless otherwise agreed upon between the two Contracting Parties. 7) Each Contracting Party shall be invited to make bear the necessary appointments. If costs of the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court available who is not a national of either Contracting Party shall be invited arbitral tribunal that has appointed by the arbitration board, as well as all expenses related to make its own representation during the necessary appointmentsarbitration procedures, and share the other costs and those regarding the president, unless the tribunal decides otherwise. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage 8) The decisions of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 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 tribunal shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member of the Tribunal and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in tribunal shall determine its decision direct that a higher proportion procedures and place of arbitration unless otherwise agreed upon between the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 6 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 11 . Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of this AgreementAgreement should, which cannot as far as possible, be settled within a reasonable amount of time by means of negotiations through diplomatic negotiations, shall, unless channels. 2 . If the Contracting Parties have otherwise agreedfail to reach a settlement within six (6) months after the beginning of negotiations, be submittedthe dispute shall, at upon the request of either Contracting Party, be submitted to an arbitral tribunal, composed in accordance with the provisions of three membersthis Article. 3 . Each Such 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 arbitrator and member of the tribunal. Those two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is than select a national of a third State that has diplomatic relations State, with which both Contracting PartiesParties maintain diplomatic relations, who on approval by the two Contracting Parties shall be appointed chairman of the tribunal. The Chairman shall be appointed within three (3)months from the date of appointment of the other two members. 24 . If one within the periods specified in paragraph 3 of this Article the Contracting Parties fails to appoint an arbitrator and has necessary appointments have not proceeded to do so within two months after an invitation from the other been made, either Contracting Party to make such appointmentmay, in the latter Contracting Party may absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty or 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 prevented from discharging the said function or is a national of either Contracting Party, or is prevented from discharging the most senior member said function, the Member of the International Court available of Justice next in seniority who is not a national of either Contracting Party 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 any necessary appointments. If the President is a national of either Contracting Party or 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 is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably5 . The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal arbitral tribunal shall reach its decision by a on the basis of the provisions of this Agreement as well as of the generally accepted principles and rules of international law. The arbitral tribunal shall rule according to majority vote. The decision of votes. Such decision the tribunal shall be final and binding on the both Contracting Parties. 86 . Each Contracting Party shall bear be responsible for the costs of its appointed own member of the Tribunal and of its representation in representatives at the arbitration proceedings and half arbitral proceedings. Both Contracting Parties shall assume an equal share of the costs cost of the chairman and the remaining chairman, as well as any other costs. The Tribunal maytribunal may make a different decision regarding costs. 7 . In all other respects, however, in the tribunal shall define its decision direct that a higher proportion own rules of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Partiesprocedure.

Appears in 5 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. (1. Any ) If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this Agreement, which cannot be settled within a reasonable amount of time the Contracting parties shall in the first place try to settle it by means of diplomatic negotiations, shall, unless negotiation. (2) If the Contracting Parties have otherwise agreedfail to reach a settlement of the dispute by negotiation within six(6) months, it may be submittedreferred by them to such person or body as they may agree on or, at the request of either Contracting Party, shall be submitted for decision to an arbitral tribunal, composed a tribunal of three members. Each arbitrators constituted in the following manner: (a) within thirty(30) days after receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator. A national of a State which can be regarded as neutral in relation to the dispute, who shall act as President of the tribunal, shall be appointed as the third arbitrator and by agreement between the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is arbitrators, within sixty(60) days of the appointment of the second; (b) if within the time limits specified above any appointment has not a national of been made, either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting Parties. 2. If one of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice Justice, in a personal and individual capacity, to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointment within thirty(30) days. If the two core arbitrators are unable President considers that he is a national of a State which cannot be regarded as neutral in relation to agree the dispute, the most senior Vice-President who is not disqualified on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to that ground shall make the necessary appointment. 4. If, (3) Except as hereinafter provided in this Article or as otherwise agreed by the cases provided for in the paragraphs 2 and 3 of this ArticleContracting parties, the President tribunal shall determine the limits of its jurisdiction and establish its own procedure. At the direction of the International Court tribunal, or at the request of Justice either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than thirty(30) days after the tribunal is prevented from discharging fully constituted. (4) Except as otherwise agreed by the said function Contracting parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within forty five(45) days after the tribunal is fully constituted. Replies shall be due sixty(60) days later. The tribunal shall hold a national hearing at the request of either Contracting Party, or at its discretion, within thirty(30) days after replies are due. (5) The tribunal shall attempt to give a written decision within thirty(30) days after completion of the Vice-President hearing or, if no hearing is held, after the date both replies are submitted. The decision shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal shall reach its decision taken by a majority vote. (6) The Contracting Parties may submit requests for clarification of votes. Such the decision within fifteen(15) days after it is received and such clarification shall be final and issued within fifteen(I5) days of such request. (7) The decision of the tribunal shall be binding on the Contracting Parties. 8. (8) Each Contracting Party shall bear the costs of its the arbitrator appointed member of the Tribunal and of its representation in the arbitration proceedings and half of the by it. The other costs of the chairman and tribunal shall be shared equally by the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion Contracting Parties including any expenses incurred by the President or Vice-President of the costs shall be borne by one International Court of Justice in implementing the two Contracting Parties. Such decision shall be binding on both Contracting Partiesprocedures in paragraph 2(b) of this Article.

Appears in 4 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. Any dispute between the ) The Contracting Parties concerning shall endeavour to resolve any difference between them regarding the interpretation or application of the provisions of this Agreement, which Agreement by friendly negotiations through diplomatic channels. (2) If the difference cannot thus be settled within a reasonable amount six months following the date of time by means notification of diplomatic negotiationsthe difference, the dispute shall, unless the Contracting Parties have otherwise agreed, be submitted, at the upon request of either Contracting Party, be submitted to an arbitral tribunalAd-hoc Arbitral Tribunal in accordance with this Article. (3) The Arbitral Tribunal shall be formed by three members and shall be constituted as follows: Within two(2) months of the notification by a Contracting Party of its intention to settle the dispute by arbitration, composed of three members. Each each Contracting Party shall appoint one arbitrator and arbitrator. These two members shall then, within thirty days of the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national appointment of either Contracting Party and who is the last one, nominate a national of a third State that country which has diplomatic relations with both Contracting PartiesParties and who shall act as the Chairman. The Contracting Parties shall appoint the Chairman within thirty days of that person's nomination. (4) If, within the time limits provided for in paragraph (2. If one ) and (3) of this Article, the Contracting Parties fails to appoint an arbitrator and required appointment has not proceeded to do so within two months after an invitation from been made or the other Contracting Party to make such appointmentrequired approval has not been given, the latter either Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if that person is a national of either Contracting Party, the Vice-President appointment shall be invited to make the necessary appointments. If made by the Vice-President President, and if the latter is prevented from discharging the said function or if that person is a national of either Contracting Party, the most senior member appointment shall be made by the Judge of the Court available next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. (5. In making its determination the ) The Arbitral Tribunal shall decide reach its decisions taking into account the dispute in accordance with customary rules provisions of interpretation this Agreement and the generally recognised principles of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal shall reach its decision decisions by a majority of votes. Such decision vote and shall be final and binding on the Contracting Partiesdetermine its procedure. 8. (6) Each Contracting Party shall bear the costs of its the arbitrator it has appointed member of the Tribunal and of its representation in the arbitration proceedings and half of the arbitral proceedings. The costs of the chairman Chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one the Contracting Parties unless the Tribunal, in special circumstances, decides otherwise. (7) The decisions of the two Contracting Parties. Such decision Arbitral Tribunal shall be final and binding on both Contracting Parties.

Appears in 4 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. (1. Any ) If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this Agreement, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedshall in the first place try to settle it by negotiation. (2) If the Contracting Parties fail to reach a settlement of the dispute by negotiation, it may be submittedreferred by them to such person or body as they may agree on or, at the request of either Contracting Party, shall be submitted for decision to an arbitral tribunal, composed a tribunal of three members. Each arbitrators which shall be constituted in the following manner: (a) within sixty days after receipt of a request for arbitration, each Contracting Party shall appoint one arbitrator. A national of a State which can be regarded as neutral in relation to the dispute, who shall act as President of the tribunal, shall be appointed as the third arbitrator and by agreement between the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is arbitrators, within sixty days of the appointment of the second; (b) if within the time limits specified above any appointment has not a national of been made, either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting Parties. 2. If one of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice Justice, in a personal and individual capacity, to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointment within thirty days. If the two core arbitrators are unable President considers that he is a national of a State which cannot be regarded as neutral in relation to agree the dispute, the Vice-President or the most senior member who is not disqualified on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to that ground shall make the necessary appointment. 4. If, (3) Except as hereinafter provided in this Article or as otherwise agreed by the cases provided for in the paragraphs 2 and 3 of this ArticleContracting Parties, the President tribunal shall determine the limits of its jurisdiction and establish its own procedure. (4) Except as otherwise agreed by the International Court of Justice Contracting Parties or prescribed by the tribunal.) each Contracting Party shall submit a memorandum within forty five days after the tribunal is prevented from discharging fully constituted. Replies shall be due sixty days later. The tribunal shall hold a hearing at the said function or is a national request of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Partyat its discretion, the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentswithin thirty days after replies are due. (5. In making its determination the Tribunal ) The tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law basis of Treatiesrespect for the law. Before the Tribunal tribunal decides, it may may, at any stage of the proceedings proceedings, propose to the Contracting Parties to settle that the dispute be settled amicably. (6) The tribunal shall attempt to give a written decision within thirty days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The foregoing provisions decision shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal shall reach its decision be taken by a majority vote. (7) The Contracting Parties may submit requests for clarification of votes. Such the decision within fifteen days after it is received and such clarification shall be final and issued within fifteen days of such request. (8) The decision of the tribunal shall be binding on the Contracting Parties. 8. (9) Each Contracting Party shall bear the costs of its the arbitrator appointed member of the Tribunal and of its representation in the arbitration proceedings and half of the by it. The other costs of the chairman and tribunal shall be shared equally by the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion Contracting Parties including any expenses incurred by the Member of the costs shall be borne by one International Court of Justice in implementing the two Contracting Parties. Such decision shall be binding on both Contracting Partiesprocedures in paragraph 2(b) of this Article.

Appears in 4 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall, which to the fullest extent possible, be settled by negotiations between the Contracting Parties. 2. If a dispute between the Contracting Parties cannot be settled in this way within a reasonable amount six months from the date of time by means of diplomatic starting the negotiations, it shall, unless the Contracting Parties have otherwise agreed, be submitted, at upon the request of either Contracting Party, be submitted to an arbitral tribunal. 3. The arbitral tribunal referred to in paragraph 2 of this Article shall be constituted on an ad hoc basis, composed for each case, in the following way: within three months of three members. Each the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator and member of the tribunal. Within two arbitrators thus appointed months, these two members shall together appoint a select the third arbitrator as their chairman who is not a national member of either Contracting Party and who is the tribunal - a national of a third State that has diplomatic relations with which both Contracting Parties have diplomatic relations, who, with the approval of the two Contracting Parties, shall be appointed as Chairman of the arbitral tribunal. 24. If one within the periods specified in paragraph 3 of this Article the Contracting Parties fails to appoint an arbitrator and arbitral tribunal has not proceeded to do so within two months after an invitation from the other been constituted, either Contracting Party to make such appointmentmay, in the latter Contracting Party may absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty or 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 from discharging the said function or is a national of either Contracting Partyfunction, the most senior member of the International Court available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination The arbitral tribunal shall reach decisions on the Tribunal shall decide basis of the dispute in accordance with customary provisions of this Agreement, as well as the generally accepted principles and rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal arbitral tribunal shall reach its decision decisions by a majority of votes. Such decision These decisions shall be final and binding on the both Contracting Parties. The tribunal shall lay down its own work procedure. 86. Each Contracting Party shall bear the costs of its appointed own member of the Tribunal tribunal and of its representation his participation in the arbitration proceedings and half of the proceedings. The costs of the chairman Chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the other costs shall be borne in equal parts by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 4 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Any Once the procedure under paragraph 2 of Article 23 has been exhausted and the dispute between has not been resolved, either Contracting Party may submit the dispute to an ad hoc Arbitral Tribunal, in accordance with the provisions of this Article. Alternatively, the Contracting Parties concerning may choose, by mutual agreement, to submit the interpretation or application dispute to a permanent arbitration institution for settlement of this Agreement, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless investment disputes. Unless the Contracting Parties decide otherwise, such institution shall apply the provisions of this Article. 2. The purpose of the arbitration is to determine the conformity with this Agreement of ameasure that a Contracting Party claims to be not in conformity with the Agreement. 3. The following may not be subject to arbitration: Article 13 - Security Exception, Article 14 Corporate Social Responsibility; Paragraph I of Article 15 — Investment Measures and Combating Corruption and Illegality; and paragraph 2 of Article 16 - Provisions on Investment and Environment, Labor Affairs and Health. 4. This Article shall not apply to any dispute if more than three (3) years have otherwise agreed, be submitted, at elapsed since the request date on which the Contracting Party knew or should have known of either Contracting Party, the facts giving rise to an arbitral tribunal, composed the dispute. 5. The Arbitral Tribunal shall consist of three membersarbitrators. Each Contracting Party shall appoint one arbitrator and appoint, within three (3) months after receiving the "notice of arbitration", a member of the Arbitral Tribunal. Within three (3) months of the appointment of the second arbitrator, the two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national of a third State that has with which both Contracting Parties maintain diplomatic relations with relations, who, upon approval by both Contracting Parties, shall be appointed chairperson of the Arbitral Tribunal. The appointment of the Chairperson must be approved by both Contracting Parties within one (1) month from the date of his/her nomination. 26. If one of If, within the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointmentperiods specified in paragraph 50fthis Article, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall appointments are not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, made; either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4appointments. If, in the cases provided for in the paragraphs 2 and 3 of this Article, If the President of the International Court of Justice is prevented from discharging the said function or is a national of either one Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President Party or is prevented from discharging fulfilling the said function or is a national of either Contracting Partyfunction, the most senior member of the International Court available of Justice who has the most seniority who is not a national of either a Contracting Party shall will be invited to make the necessary appointments. 57. In making its determination Arbitrators must: a) Have the Tribunal shall decide necessary experience or expertise in Public International Law, international investment rules or international trade, or the dispute resolution of disputes arising in accordance relation to international investment agreements; b) Be independent of and not be affiliated, directly or indirectly, with customary rules any of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle or with the dispute amicablyother arbitrators or potential witnesses nor take instructions from the Contracting Parties; and c) Comply with standard of conduct established by the Joint Committee; 8. The foregoing provisions shall not prejudice settlement "Notice of Arbitration" and other documents relating to the resolution of the dispute ex aequo et xxxx if shall be presented at the location to be designated by each Contracting Parties so agree. 6Party. Unless the Contracting Parties decide otherwise, the The Arbitral Tribunal shall determine its own procedure. 7procedure in accordance with this Article or, alternatively, the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL). The Arbitral Tribunal shall reach will render its decision by a majority vote and decide on the basis of votesthe provisions of this Agreement and the applicable principles and rules of international law as recognized by both Contracting Parties. Such Unless otherwise agreed, the decision of the Arbitral Tribunal shall be rendered within six (6) months following the appointment of the Chairperson in accordance with paragraphs 5 and 6 of this Article. 9. The decision of the Arbitral Tribunal shall be final and binding on the upon both Contracting Parties, who shall comply with it without delay. 810. Each Contracting Party shall bear the costs cost of its appointed member of the Tribunal own arbitrator and of its representation in the arbitral proceedings; the cost of the Chairperson and the remaining costs shall be borne in equal parts by both Contracting Parties, unless otherwise agreed. The arbitral tribunal shall have the power to determine its procedures. 11. Notwithstanding paragraph 2 of this Article, the Contracting Parties may, through a specific arbitration proceedings agreement, request the arbitrators to examine the existence of damages caused by the measure in question under the obligations of this Agreement and half to establish compensation for such damages through an arbitration award. In this case, in addition to the provisions of the preceding paragraphs of this Article, the following shall be observed: a) The arbitration agreement to examine the existence of damages shall be taken as "notice of arbitration" within the meaning of paragraph 8; b) This paragraph shall not be applied to a dispute concerning a particular investor which has been previously resolved and where protection of res judicata applies. If an investor had submitted claims regarding the measure at issue in the Joint Committee to local courts or an arbitration tribunal of the Host State, the arbitration to examine damages can only be initiated after the withdrawal of such claims by the investor in local courts or an arbitration tribunal of the Host State. If after the establishment of the arbitration, the existence of claims in local courts or arbitral tribunals over the contested measure is made known to the arbitrators or the Contracting Parties, the arbitration will be suspended. c) If the arbitration award provides monetary compensation, the Contracting Party receiving such compensation shall transfer to the holders of the rights of the investment in question, after deducting the costs of the chairman dispute in accordance with the internal procedures of each Contracting Party. The Contracting Party to whom restitution was granted may request the Arbitral Tribunal to order the transfer of the compensation directly to the holders of rights of the affected investment and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion payment of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Partiesto whoever has assumed them.

Appears in 4 contracts

Samples: Investment Cooperation Agreement, Investment Cooperation Agreement, Investment Cooperation Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the The Contracting Parties shall, as far as possible, settle any dispute concerning the interpretation or application of this Agreement, which canAgreement through consultations or other diplomatic channels. 2. If the dispute has not be been settled within a reasonable amount of time six months following the date on which such consultations or other diplomatic channels were requested by means of diplomatic negotiations, shall, either Contracting Party and unless the Contracting Parties have otherwise agreedagree in writing, be submittedeither Contracting Party may, at by written notice to the request of either other Contracting Party, submit the dispute to an ad hoc arbitral tribunal, composed tribunal in accordance with the following provisions of three membersthis Article. 3. Each The arbitral tribunal shall be constituted as follows: each Contracting Party shall appoint one arbitrator member, and the these two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting Parties. 2. If one state as Chairman of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so arbitral tribunal. Such members shall be appointed within two months after an invitation 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 make such appointmentsubmit the dispute to an arbitral tribunal. 4. If the periods specified in paragraph 3 above have not been complied with, the latter either Contracting Party may may, in the absence of any other arrangement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function or is a national of either Contracting Partyfunction, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President of the International Court of Justice is a national of either Contracting Party or if he, too, is prevented from discharging the said function or 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.paragraph 3 above have not been complied with, either Contracting Party may, in the absence of any other arrangement, invite 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 PartyParty or if he is otherwise prevented from discharging the said function, the most senior Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President of the International Court of Justice is a national of either Contracting Party or if he, too, is prevented from discharging the said function, the member of the International Court available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal The arbitral tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The 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 the both Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed the member of the Tribunal and of arbitral tribunal appointed by that Contracting Party, as well as the costs for its representation in the arbitration proceedings and half proceedings. The expenses of the Chairman as well as any other costs of the chairman and arbitration proceedings shall be borne in equal parts by the remaining coststwo Contracting Parties. The Tribunal However, the arbitral tribunal may, howeverat its discretion, in its decision direct that a higher proportion or all of the such costs shall be borne paid by one of the two Contracting Parties. Such decision In all other respects, the arbitral tribunal shall be binding on both Contracting Partiesdetermine its own procedure.

Appears in 3 contracts

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

Settlement of Disputes between the Contracting Parties. 1. Any Disputes between Contracting Parties regarding the interpretation and application of the provisions of this Agreement shall be settled by consultations and negotiations through diplomatic channels. 2. If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between the Contracting Parties concerning the interpretation or application of this Agreementthem, which cannot be settled within a reasonable amount of time upon request by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, it shall be submitted to an arbitral tribunal, composed court of three members. arbitration which shall be constituted as follows: Each Contracting Party shall appoint one arbitrator and the these two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a shall be national of a third State that has state, maintaining diplomatic relations with both Contracting Parties. 23. If one of the Contracting Parties fails to appoint an has not appointed its arbitrator and has not proceeded to do so within two months after an followed the invitation from of the other Contracting Party to make such appointmentthat appointment within two months, the latter arbitrator shall be appointed upon request by that Contracting Party may invite by the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one monthJustice. 34. If both arbitrators cannot reach an agreement about the two core arbitrators are unable to agree on choice of the chair person in the chairman within two months following after their appointment, he/she shall be appointed upon request by either Contracting Party may invite by the President of the International international Court of Justice to make the necessary appointmentJustice. 45. If, If in the cases provided for in the specified under paragraphs 2 3 and 3 4 of this Article, the President of the International international Court of Justice is prevented from discharging carrying out the said function function, or if he/she is a national of either Contracting Party, the Vice-President appointment shall be invited to make made by the necessary appointments. If the Vice-President Vice President, and if he/she is prevented from discharging the said function or if he/she is a national of either Contracting Party, the appointment shall be made by the most senior member judge of the Court available court who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agreeParty. 6. Unless With regard to other provisions made by the Contracting Parties decide otherwiseParties, the Tribunal court, shall determine its own procedure. The court shall reach its decisions by a majority of votes. 7. The Tribunal shall reach its decision by a majority decisions of votes. Such decision the court shall be final and binding on the each Contracting PartiesParty. 8. Each Contracting Party shall party xxxxx bear the costs of its appointed own member of the Tribunal court and of its representation in the arbitration proceedings and half of proceedings; the costs of the chairman and the remaining costscosts shall be borne in equal parts by the Contracting Parties. The Tribunal court may, however, in its decision direct that decide for a higher proportion of the costs shall to be borne by one of the two Contracting Parties. Such Parties and this decision shall xxxxx be binding on both Contracting Parties.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of the provisions of this Agreement, which cannot Agreement shall be settled within a reasonable amount of time by means of through diplomatic negotiationschannels, shall, unless through negotiations and consultations. 2. If the Contracting Parties have otherwise agreed, will not be submittedagreed within six months of the date of the dispute, at the request of either Contracting Party, the dispute shall be referred to an arbitral tribunal, the Court of Arbitration composed of three members. Each Contracting Party shall appoint one arbitrator arbitrator, and the two arbitrators thus appointed shall together appoint elect a third arbitrator as their chairman President, who is not shall be a national of either Contracting Party and who is a national citizen of a third State that has country maintains diplomatic relations with the states of both Contracting Parties. 23. If one of the either Contracting Parties Party fails to appoint an its arbitrator and has does not proceeded to do so agree with the invitation of the second Contracting Party shall hold such appointment within two months after an invitation from the other Contracting Party to make such appointmentmonths, the latter Contracting Party may invite request the President of the International Court of Justice, so that it make the necessary appointments. 4. If both arbitrators can not reach an agreement within two months after their appointment to the Chairman of the selection, either Contracting Party may request the President of the International Court of Justice to make conduct the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one monthrequired destination. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 45. If, in the cases provided for referred to in the paragraphs 2 3 and 3 4 of this Article, the President of the International Court of Justice is prevented from discharging can not perform the said function or if he is a national of one Contracting Party, the appointment shall be made Vice-President, and if he can not perform the appropriate function or is a national of either the state of one Contracting Party, the Vice-President shall appointment will be invited to make made the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the next most senior member of the International Court available of Justice who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 56. In making its determination the Tribunal shall The court will decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law basis of Treatiesrespect for the law. Before the Tribunal Court decides, it may at any stage of the proceedings propose their work to offer the Contracting Parties to settle the dispute amicably. The foregoing preceding provisions shall not prejudice settlement prevent the resolution of the dispute ex aequo et xxxx dispute, if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own proceduredecide. 7. The Tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on Without prejudice to other arrangements between the Contracting Parties, the Court will establish its own rules of procedure. The Court shall decide by majority vote. 8. Each Contracting Party shall bear the costs of its appointed the member of the Tribunal his Court, and of in accordance with its representation share in the arbitration proceedings and half procedure. Costs associated with the President of the costs of arbitral tribunal and other expenses borne by the chairman and Contracting Parties in equal parts. However, the remaining costs. The Tribunal Court may, however, in its decision direct that a to determine the higher proportion of the costs shall be borne by involved in one of the two Contracting Parties. Such , and this decision shall will be binding on both for each Contracting PartiesParty. 9. The Court's decisions are final and binding for each Contracting Party.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of the provisions of this Agreement, which cannot Agreement shall be settled within a reasonable amount of time by means of through diplomatic negotiations, shall, unless channels. 2. If the Contracting Parties have otherwise agreedwill not be agreed within six months of the date of the dispute, be submitted, the dispute at the request of either Contracting Party, Party will be submitted to an arbitral tribunal, composed the Arbitral Tribunal consisting of three members. Each Contracting Party shall appoint one arbitrator arbitrator, and the two arbitrators thus appointed shall together appoint elect a third arbitrator as their chairman President, who is not shall be a national of either Contracting Party and who is a national citizen of a third State that has country maintains diplomatic relations with the states of both Contracting Parties. 23. If one of the either Contracting Parties Party fails to appoint an its arbitrator and has does not proceeded to do so agree with the invitation of the second Contracting Party shall cause such appointment within two months after an invitation from the other Contracting Party to make such appointmentmonths, the latter Contracting Party may invite request the President of the International Court of Justice, so that it make the necessary appointments. 4. If both arbitrators can not reach an agreement within two months after their appointment to the Chairman of the selection, either Contracting Party may request the President of the International Court of Justice to make conduct the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one monthrequired destination. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 45. If, in the cases provided for specified in the this article, paragraphs 2 and 3 of this Article, 4 , the President of the International Court of Justice cannot fulfill this function or if he is prevented from discharging a citizen of a state of one of the said Contracting Parties, such appointment will be made by the Deputy President, and if he cannot fulfill the corresponding function or is a national of either a State of one of the Contracting PartyParties, the Vice-President shall appointment will be invited to make made by the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most next senior member of the International Court available of Justice who is not a national of either the State of any of the Contracting Party shall be invited to make the necessary appointmentsParties. 56. In making its determination the Tribunal shall The court will decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law basis of Treatiesrespect for the law. Before the Tribunal decidesCourt takes a decision, it may may, at any stage of the proceedings propose to the its work, invite Contracting Parties to settle resolve the dispute amicablyin a friendly manner. The foregoing previous provisions shall will not prejudice prevent the settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own proceduredecide. 7. The Tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on Without prejudice to other arrangements between the Contracting Parties, the Court will establish its own rules of procedure. The Court shall decide by majority vote. 8. Each Contracting Party shall bear the costs of its appointed the member of the Tribunal his Court, and of in accordance with its representation share in the arbitration proceedings and half procedure. Costs associated with the Arbitration Court of the Chairman and other costs of borne by the chairman and Contracting Parties in equal parts. However, the remaining costs. The Tribunal Court may, however, in its decision direct that a to determine the higher proportion of the costs shall be borne by involved in one of the two Contracting Parties. Such , and this decision shall will be binding on both for each Contracting PartiesParty. 9. The Court's decisions are final and binding for each Contracting Party.

Appears in 2 contracts

Samples: Investment Promotion and Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the forgoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If arbitrators appointed under Paragraph 2 cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the theâ International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. Such Arbitral Tribunal shall reach its decision on the basis of this Agreement and in accordance with the international law. 7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party This Article shall bear not be applicable to a dispute, which has been submitted to and still before any arbitral tribunal pursuant to Article 16. This will not impair the costs of its appointed member of engagement in direct and meaningful negotiations between the Tribunal and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of the provisions of this Agreement, which cannot Agreement shall be settled within a reasonable amount of time by means of as far as possible through diplomatic negotiations, shall, unless channels. 2. If the Contracting Parties have otherwise agreedwill not be agreed within six months of the date of the dispute, be submittedthe dispute shall, at the request of either Contracting Party, be referred to an the arbitral tribunal, composed tribunal consisting of three members. Each Contracting Party shall appoint one arbitrator arbitrator, and the two arbitrators thus appointed shall together appoint elect a third arbitrator as their chairman President, who is not shall be a national of either Contracting Party and who is a national citizen of a third State that has country maintains diplomatic relations with the states of both Contracting Parties. 23. If one of the either Contracting Parties Party fails to appoint an its arbitrator and has does not proceeded to do so agree with the invitation of the second Contracting Party shall cause such appointment within two months after an invitation from the other Contracting Party to make such appointmentmonths, the latter Contracting Party may invite request the President of the International Court of Justice, so that it make the necessary appointments. 4. If both arbitrators can not reach an agreement within two months after their appointment to the Chairman of the selection, either Contracting Party may request the President of the International Court of Justice to make conduct the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one monthrequired destination. 35. If the two core arbitrators are unable cases referred to agree on the chair person in the two months following their appointmentthis Article, either Contracting Party may invite the paragraphs 3, 4, President of the International Court of Justice to make can not perform the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 said function or if he is a national of this Articleone Contracting Party, the President appointment shall be made Vice-President, and if he can not perform the proper function or is a national of one Contracting Party, the appointment will be made the next most senior member of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agreeParty. 6. Unless In the absence of other arrangements between the Contracting Parties decide otherwiseParties, the Tribunal shall determine Court will establish its own rules of procedure. The Court shall decide by majority vote. 7. The Tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of the content of its appointed member of the Tribunal and of Court, as well as its representation in the arbitration proceedings and half procedure. Costs associated with the President of the costs of the chairman arbitral tribunal and the remaining costsother expenses are covered Contracting Parties in equal parts. 8. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Court's decisions are final and binding for each Contracting Parties. Such decision shall be binding on both Contracting PartiesParty.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. (1. Any ) The Contracting Parties shall endeavour to resolve any dispute between the Contracting Parties concerning them regarding the interpretation or application of the provisions of this Agreement, which Agreement through friendly negotiations. (2) If the dispute cannot thus be settled within a reasonable amount six months following the date of time by means notification of diplomatic negotiationsthe dispute, it shall, unless the Contracting Parties have otherwise agreed, be submitted, at upon the request of either Contracting Party, be submitted to an arbitral tribunalÁd-hoc Arbitral Tribunal in accordance with this Article. (3) The Arbitral Tribunal shall be formed by three members and shall be constituted as follows : within two months of the notification by a Contracting Party of its wish to settle the dispute by arbitration, composed of three members. Each each Contracting Party shall appoint one arbitrator and arbitrator. These two members shall then, within one month of the two arbitrators thus appointed shall together appoint appointment of the last one, agree upon a third arbitrator as their chairman member who is not a national of either Contracting Party and who is shall be a national of a third State that has diplomatic relations with both Contracting Parties. 2country and who shall act as the Chairman. If one The appointment of the Chairman shall be approved by the Contracting Parties fails to appoint an arbitrator within one month of that person's nomination. (4) If, within the time limits provided for in paragraphs (2) and (3) of this Article the required appointment has not proceeded to do so within two months after an invitation from been made or the other Contracting Party to make such appointmentrequired approval has not been given, the latter either Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if that person is a national of either Contracting Party, the Vice-President appointments shall be invited to make made by the necessary appointments. If Vice- President, and if the Vice-President latter is prevented from discharging the said function or if that person is a national of either Contracting Party, the most appointments shall be made by the senior member Judge of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. (5. In making its determination ) The Chairman of the Tribunal shall decide the dispute in accordance be a national of a third country which has diplomatic relations with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the both Contracting Parties. (6) The Arbitral Tribunal decides, it may at any stage shall reach its decisions by virtue of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwisethis Agreement, the Tribunal shall determine its own procedure. 7generally recognized principles of international law on this subject and the general principles of laws as recognized by both Contracting Parties. The Tribunal shall reach its decision decisions by a majority of votes. Such decision vote and shall be final and binding on the Contracting Partiesdetermine its procedure. 8. (7) Each Contracting Party shall bear the costs of its appointed member cost of the Tribunal arbitrator it has appointed and of its representation in the arbitration proceedings and half arbitral proceedings. The cost of the costs of the chairman Chairman and the remaining costscosts shall be borne in equal parts by the Contracting Parties unless agreed otherwise. The Tribunal may, however, in its decision direct that a higher proportion award determine another distribution of cost. (8) The award of the costs Arbitral Tribunal shall be borne by one of the two Contracting Parties. Such decision shall be final and binding on both Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 11 . Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement, which cannot Agreement shall as far as possible be settled through diplomatic channels. 2 . If it is not possible to settle the dispute in this way within a reasonable amount six months from the start of time by means of diplomatic the negotiations, shall, unless the Contracting Parties have otherwise agreed, it shall be submitted, at the request of either of the two Contracting PartyParties, to an arbitral tribunal, composed of three members. 3 . Each The arbitral tribunal shall be set up in the following way: each Contracting Party shall appoint one arbitrator and the these two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is elect a national of a third State that has diplomatic relations with both Contracting Parties. 2country as Chairman. If one 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 fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from informed the other Contracting Party of its intention to make such appointmentsubmit 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, the latter either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty 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 from discharging the said function or 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.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 PartyParty or if he is otherwise prevented from discharging the said function, the most senior member 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 available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. 55 . In making The arbitral tribunal shall issue its determination decision on the Tribunal shall decide basis of respect for the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to provisions contained in this Agreement or in other agreements in force between the Contracting Parties to settle as well as the dispute amicably. The foregoing provisions shall not prejudice settlement generally accepted principles of the dispute ex aequo et xxxx if the Contracting Parties so agreeinternational law. 66 . Unless the Contracting Parties decide otherwise, the Tribunal arbitral tribunal shall determine lay down its own procedure. 77 . The Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such votes and that decision shall be final and binding on the both Contracting Parties. 88 . Each Contracting Party shall bear the costs expenses of its appointed member of the Tribunal own arbitrator and of its representation those connected with representing it in the arbitration proceedings and half proceedings. The other expenses, including those of the costs of the chairman and the remaining costs. The Tribunal mayChairman, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall, which canif possible, be settled through diplomatic channels. 2. If the dispute has not be been settled within a reasonable amount period of time six months from the date on which the matter was raised by means of diplomatic negotiationseither Contracting Party, shall, unless the Contracting Parties have otherwise agreed, it may be submitted, submitted at the request of either Contracting Party, Party to an arbitral tribunal, composed of three membersArbitral Tribunal. 3. Each Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one arbitrator member, and the these two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is agree upon a national of a third State that has having diplomatic relations with both Contracting Parties. 2, as the chairman to be appointed by the two Contracting Parties. If one of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so Such members shall be appointed within two months, and such chairman within four months after an invitation from the date on which either Contracting Party has informed the other Contracting Party that it intends to make such appointmentsubmit the dispute to an Arbitral Tribunal. 4. If within the periods specified in paragraph 3 above the necessary appointments have not been made, the latter either Contracting Party may shall, in the absence of any other arrangement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty 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 or is a national of either Contracting Partyfunction, the most senior member of the Court available next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said functions, shall be invited to make the necessary appointments. 5. In making its determination the Tribunal Unless otherwise agreed, all submissions shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage be made and all hearings shall be completed within six months of the proceedings propose to date of selection of the Contracting Parties to settle the dispute amicablychairman. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Arbitral Tribunal shall determine its own procedure. 7. The Tribunal panel shall reach its decision by a majority of votes, and it shall render its decisions within two months of the date of final submissions or date of the closing of the hearings, whichever is later. The Arbitral Tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Contracting Parties. The Arbitral Tribunal shall, upon the request of either Contracting Party, explain reasons for its award. Such decision decisions shall be final and binding on the both Contracting Parties. 8. Each Contracting Party shall bear the costs cost of its appointed own member of the Tribunal and of its representation in the arbitration proceedings and half arbitral proceedings; the cost of the costs of the chairman Chairman and the remaining costscosts shall be borne in equal parts by the Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision , and this award shall be binding on both Contracting Parties. The Tribunal shall determine its own procedure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute 1- Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement, which Agreement shall be settled through diplomatic channels. 2- If both Contracting Parties cannot be settled reach an agreement within a reasonable amount six months from the start of time by means of diplomatic the negotiations, the dispute shall, unless the Contracting Parties have otherwise agreed, be submitted, at the upon request of either Contracting Party, be submitted to an arbitral tribunal, composed tribunal of three members. Each Contracting Party shall appoint one arbitrator arbitrator, and the these two arbitrators thus appointed shall together appoint nominate a third arbitrator as their chairman who is not shall be a national of either Contracting Party and who is a national citizen of a third State that has diplomatic relations with both Contracting PartiesState. 2. 3- If one of the Contracting Parties fails to appoint an has not appointed its arbitrator and has not proceeded to do so within two months after an followed the invitation from of the other Contracting Party to make such appointmentthat appointment within two months, the latter arbitrator shall be appointed upon the request of that Contracting Party may invite by the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one monthJustice. 3. 4- If both arbitrators cannot reach an agreement about the two core arbitrators are unable to agree on choice of the chair person in the chairman within two months following after their appointment, the latter shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. 5- If, in the cases provided for in the specified under paragraphs 2 3 and 3 4 of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national citizen of either Contracting Party, the Vice-President appointment shall be invited to make the necessary appointments. If made by the Vice-President President, and if the latter is prevented from discharging carrying out the said function or if he is a national citizen of either Contracting Party, the appointment shall be made by the most senior member Judge of the Court available who is not a national citizen of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. 6- The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal tribunal shall reach its decision by a majority of votes. Such . 7- The tribunal shall issue its decision shall be final and binding on the basis of respect for the law, of the rules contained in this agreement over other Agreements in force between the Contracting Parties, and as well as of the universally accepted principles of international law. 8. 8- Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. 9- Each Contracting Party shall bear the costs of its appointed member cost of the Tribunal arbitrator it has appointed and of its representation in the arbitration proceedings and half of the costs arbitral proceedings. The cost of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one of the two Contracting Parties. Such decision shall be The arbitration tribunal may make a different regulation concerning costs. 10- The decisions of the tribunal are final and binding on both for each Contracting PartiesParty.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman Chairman, who is not a national of either Contracting Party and who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. 7. Such decision Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an arbitral tribunal under the costs provisions of its appointed member this Article, if the same dispute has been brought before another arbitral tribunal under the provisions of Article 9 and is still before the Tribunal tribunal. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this the present Agreement, which cannot be settled within a reasonable amount lapse of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, to an arbitral tribunal, composed of three members. Each Contracting Party shall appoint one arbitrator arbitrator. A third arbitrator, who shall be the chairperson of the tribunal, and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national Party, shall be appointed by agreement of a third State that has diplomatic relations with both Contracting the Parties. 2. If one of the Contracting Parties fails to appoint an its arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators Parties are unable to agree on the chair person reach agreement, in the two months following their appointmentthe appointment of the two arbitrators, on the choice of the third arbitrator, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, Party the most senior member of the Court available who is not a national of either Party shall be invited to make the necessary appointments.paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Party the most senior member of the Court available who is not a national of either Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal The tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law basis of Treatiesrespect for the law. Before the Tribunal tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle that the dispute be settled amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree.ex aequo et xxxx if the Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal tribunal shall determine its own procedure. 7. The Tribunal tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member of the Tribunal and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. ARTICLE 18 1. Any dispute between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall, which if possible, be settled by means of negotiation, through diplomatic channels. 2. If the dispute cannot thus be settled within a reasonable amount six months from the beginning of time by means of diplomatic the negotiations, it shall, unless the Contracting Parties have otherwise agreed, be submitted, at the upon request of either Contracting Party, Party be submitted to an arbitration tribunal. 3. A Contracting Party shall not initiate proceedings under this Part for a dispute concerning the infringement of rights of an investor which that investor has submitted to proceedings under Part 1 of this Chapter, unless the other Contracting Party has failed to abide by or comply with the award rendered in these proceedings. In that case, the arbitral tribunaltribunal established under this Part, composed on delivery of three membersa request by a Contracting Party whose investor was a party to the dispute, may award: a) a declaration that the failure to abide by or comply with the final award is in contravention of the obligations of the other Contracting Party under this Agreement, and b) a recommendation that the other Contracting Party abide by or comply with the final award. 4. Each The arbitration tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one arbitrator and the these two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is agree upon a national of a third State that as chairman. The arbitrators shall be appointed within three months and the chairman within five months from the date on which either Contracting Party has diplomatic relations with both Contracting Parties. 2. If one of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from informed the other Contracting Party that it intends to make such appointmentsubmit the dispute to an arbitration tribunal. 5. If within the periods specified in paragraph 4 of this Article the necessary appointments have not been made, the latter either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty 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 prevented from discharging the said function or if he too is a national of either Contracting PartyParty or is otherwise prevented from discharging the said function, the most senior member Member of the Court available next in seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments. 56. In making its determination the Tribunal The arbitration tribunal shall decide on the dispute in accordance with customary basis of respect of the law, including particularly this Agreement, as well as the generally acknowledged rules and principles of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 67. Unless the Contracting Parties decide otherwise, the Tribunal tribunal shall determine its own procedure. 7. The Tribunal tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member cost of the Tribunal arbitrator appointed by itself and of its representation in the arbitration proceedings and half of the costs representation. The cost of the chairman and as well as the remaining costsother costs will be borne in equal parts by the Contracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision Parties and this award shall be binding on both Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall, which cannot if possible, be settled within a reasonable amount by negotiation between the Governments of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, to an arbitral tribunal, composed of three members. Each Contracting Party shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting Parties. 2. If the dispute cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunal. 3. The arbitration tribunal shall be set up from case to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Government of the two Contracting Parties fails to appoint an arbitrator and has not proceeded to do so Parties. The members shall be appointed within two months after an invitation months, and the chairman within four months, from the date either Contracting Party has advised the other Contracting Party of its wish to make such appointmentsubmit the dispute to an arbitration tribunal. 4. If the time limits referred to in Paragraph 3 of this Article have not been complied with, the latter either Contracting Party may may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one monthappointments. 35. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function provided for in Paragraph 4 of this Article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court available who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably6. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal arbitration tribunal shall reach its decision by a majority of votes. Such , the decision shall be being final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member cost of the Tribunal and of member appointed by that Contracting Party as well as the costs for its representation in the arbitration proceedings and half of proceedings; the costs cost of the chairman and as well as any other costs shall be borne in equal parts by the remaining coststwo Contracting Parties. The Tribunal arbitration tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision In all other respects, the procedure of the arbitration tribunal shall be binding on both Contracting Partiesdetermined by the tribunal itself.

Appears in 2 contracts

Samples: Investment Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application and ap- plication of the provisions of this Agreement, which Agreement shall be settled through diplomatic channels by means of negotiations and consultations. 2. If an agreement cannot be settled within a reasonable amount of time reached by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedwithin six (6) months of the date on which the dispute arose, be submittedthe dispute shall, at upon the request of either ei- ther Contracting Party, to be referred for consideration by an arbitral tribunal, composed of arbitration tribunal comprising three members. Each Contracting Party shall appoint one arbitrator and the two arbitrators thus appointed ar- bitrators shall together appoint select a third arbitrator as their chairman chair, who is not a national of either Contracting Party and who is shall be a national of a third State that has diplomatic maintaining diplo- matic relations with the States of both Contracting Parties. 23. If one of the Contracting Parties fails to does not appoint an its arbitrator and has not proceeded to do so within two months after an or agree with the invitation from the other second Contracting Party to make such appointmentan appointment within two (2) months, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in If neither arbitrator can reach an agreement on the cases provided for in the paragraphs 2 and 3 selection of this Article, a chair within two (2) months from their appointments either Contracting Party may invite the President of the International Court of Justice is prevented from discharging to make the necessary appointment. 5. If under the cases specified in paragraphs 3 and 4 of this article the President of the International Court of the United Nations cannot discharge the said function functions or if he is a national of either one of the Contracting PartyParties, the Vice-President appointment shall be invited to make made by the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the International Court available of Justice next in seniority who is not a national of either ei- ther of the Contracting Party shall be invited to make the necessary appointmentsParties. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties6. Before the Tribunal decidestribunal makes its decision, it may at any stage of the proceedings its work propose to the Contracting Parties to that they settle the their dispute amicably. The foregoing provisions shall not prejudice hinder the settlement of the dispute ex aequo et xxxx dispute, if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own proceduredecide. 7. The Tribunal tribunal shall establish its procedural rules without disturbing other ar- rangements between the Contracting Parties. The tribunal shall reach its decision decisions by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the maintenance costs of for its appointed member of the Tribunal and of tribunal, in accordance with its representation share in the arbitration proceedings and half proceedings. The maintenance costs for the chair of the costs of the chairman arbitration tribunal and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the other costs shall be borne by the Con- tracting Parties in equal parts. In its decision the tribunal may however allocate a higher participation in the costs to one of the two Contracting Parties. Such , and this decision shall be binding on both Contracting Parties. 9. The decisions of the tribunal are final and binding on both Contracting Parties.

Appears in 2 contracts

Samples: Investment Agreement, Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. 7. Such decision Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitration court under the costs provisions of its appointed member this Article, if the same dispute has been brought before another international arbitration court under the provisions of Article 9 and is still before the Tribunal court. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Bilateral Investment Treaty

Settlement of Disputes between the Contracting Parties. 1. Any Disputes between Contracting Parties regarding the interpretation and application of the provisions of this Agreement shall be settled by consultation and negotiation through diplomatic channels. 2. If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between the Contracting Parties concerning the interpretation or application of this Agreementthem, which cannot be settled within a reasonable amount of time upon request by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, it shall be submitted to an arbitral tribunal, composed court of three members. arbitration which shall be constituted as follows: Each Contracting Party shall appoint one arbitrator and the these two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a shall be national of a third State that has state, maintaining diplomatic relations with both Contracting Parties. 23. If one of the Contracting Parties fails to appoint an has not appointed its arbitrator and has not proceeded to do so within two months after an followed the invitation from of the other Contracting Party to make such appointmentthat appointment within two months, the latter arbitrator shall be appointed upon request by that Contracting Party may invite by the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one monthJustice. 34. If both arbitrators cannot reach an agreement about the two core arbitrators are unable to agree on choice of the chair person in the chairman within two months following after their appointment, he/she shall be appointed upon request by either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 45. If, If in the cases provided for in the specified under paragraphs 2 3 and 3 4 of this Article, the President of the International Court of Justice is prevented from discharging form carrying out the said function function, or if he/she is a national of either Contracting Party, the Vice-President appointment shall be invited to make made by the necessary appointments. If the Vice-President Vice President, and if he/she is prevented from discharging the said function or if he/she is a national of either Contracting Party, the appointment shall be made by the most senior member Judge of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agreeParty. 6. Unless With regard to other provisions made by the Contracting Parties decide otherwiseParties, the Tribunal court shall determine its own procedure. The court shall reach its decisions by a majority of votes. 7. The Tribunal shall reach its decision by a majority decisions of votes. Such decision the court shall be final and binding on the each Contracting PartiesParty. 8. Each Contracting Party party shall bear the costs of its appointed own member of the Tribunal court and of its representation in the arbitration proceedings and half of proceedings; the costs of the chairman and remaining costs shall be borne in equal parts by the remaining costsContracting Parties. The Tribunal court may, however, in its decision direct that decide for a higher proportion of the costs shall to be borne by one of the two Contracting Parties. Such Parties and this decision shall be binding on both Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within tow (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the two an arbitrator. The tow arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State, In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. IfIf , in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this ArticleArticle , the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the Vice-President appointment shall be invited to make made by the necessary appointments. If vice- President, and if the Vicevice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting contracting Party shall be invited to make the necessary appointments. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of selection of the dispute in accordance with customary Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all bearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within tow (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 87. Each Contracting Party shall bear Expenses incurred by the costs of its appointed member of Chairman, the Tribunal other arbitrators, and of its representation in the arbitration proceedings and half of the other costs of the chairman and proceedings shall be paid for equally by the remaining costsContracting Parties . The Tribunal tribunal may, however, in at its decision direct discretion, decide that a higher proportion of the costs shall be borne paid by one of the two Contracting PartiesParties . 8. Such decision A dispute shall not be binding submitted to an international arbitral tribunal under the provisions of this Article, if a dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 and is still before the tribunal . This will not impair the engagement in direct and meaningful negotiations between both Contracting Parties.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute As much as possible the disputes that may occur between the Contracting Parties concerning the interpretation or application of this Agreement, which cannot agreement should be settled cordially and through diplomatic means. 2. If this is not possible the dispute is displayed to a joint committee composed of representatives of the parties, shall meet without delay at the request of the most hastily party. 3. If the Joint Committee is unable to settle the dispute within a reasonable amount six months from the date of time by means of diplomatic the negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, it is transmitted at the request of either Contracting Party, of the contracting parties to an the arbitration court. 4. The composition of the arbitral tribunal, composed of three members. tribunal as follows: Each Contracting Party shall appoint one arbitrator an arbitrator, and the two arbitrators thus appointed shall together appoint agree to choose a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national citizen of a third State that has diplomatic relations with both Contracting Partiescountry to serve as the president of the court, the appointment of arbitrators should be done within three months, and the president of the court during five months from the date of informing any of the contracting parties the other contracting party of its intention to submit the dispute to arbitration. 25. If one the appointments are not done during the periods specified in the fourth paragraph, any of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party contracting parties may invite the President of the International Court of Justice to make the necessary appointmentprevious appointments. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If In the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President case of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Partyone of the contracting parties, or if there was a reason preventing him from exercising this function, the Vice-President shall be invited to make of the Court can do the necessary appointments. If , and if the Vice-Vice President is prevented from discharging the said function or is a national of either Contracting Partyone of the parties or if there was a reason preventing him from exercising this task, the most senior member seniority in the international Court of the Court available who Justice, which is not a national of either Contracting Party shall be one of the contracting parties is invited to make the necessary appointments. 56. In making its determination The arbitral tribunal is based on the Tribunal shall decide basis of the dispute in accordance with customary provisions of this Agreement, and the rules and principles of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine and take its own procedure. 7. The Tribunal shall reach its decision decisions by a majority of votes. Such votes and the decision shall be final and binding on upon the Contracting Partiescontracting parties. 7. The court determines its rules of procedures. 8. Each Contracting Party contracting party shall bear the costs of its appointed member own expenses of the Tribunal arbitrator appointment, fees and of its representation in the arbitration proceedings and half of the costs of contracting parties share the chairman president expenses and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Partiesother expenses.

Appears in 2 contracts

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

Settlement of Disputes between the Contracting Parties. 1. ) Any dispute between the Contracting Parties concerning the interpretation or application of this the present Agreement, which cannot be settled within a reasonable amount lapse of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, to an arbitral tribunal, tribunal composed of three members. Each Contracting Party shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting PartiesParty. 2. ) If one of the Contracting Parties fails to appoint an its arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 3) If the two arbitrators are unable to reach agreement in the two months following their appointment, on the choice of the third arbitrator, either Party may invite the President of the International Court of Justice, to make the necessary appointment. 4. ) If, in the cases provided for in the paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, Party the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal ) The tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law basis of Treatiesrespect for the law. Before the Tribunal tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle that the dispute be settled amicably. The foregoing provisions shall not prejudice settlement the power of the tribunal to decide the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. ) Unless the Contracting Parties decide otherwise, the Tribunal tribunal shall determine its own procedure. 7. ) The Tribunal tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member of the Tribunal and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. ) Any dispute between the Contracting Parties concerning the interpretation or application of this the present Agreement, which cannot be settled within a reasonable amount lapse of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, to an arbitral tribunal, composed of three members. Each Contracting Party shall appoint one arbitrator arbitrator. A third arbitrator, who shall be the chairperson of the tribunal, and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national Party, shall be appointed by agreement of a third State that has diplomatic relations with both Contracting the Parties. 2. ) If one of the Contracting Parties fails to appoint an its arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. ) If the two core arbitrators Parties are unable to agree on the chair person reach agreement, in the two months following their appointmentthe appointment of the two arbitrators, on the choice of the third arbitrator, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. ) If, in the cases provided for in the paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President VicePresident shall be invited to make the necessary appointments. If the Vice-President VicePresident is prevented from discharging the said function or is a national of either Contracting Party, Party the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal ) The tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law basis of Treatiesrespect for the law. Before the Tribunal tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle that the dispute be settled amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. ) Unless the Contracting Parties decide otherwise, the Tribunal tribunal shall determine its own procedure. 7. ) The Tribunal tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member of the Tribunal and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of the provisions of this Agreement, which Agreement shall be settled through diplomatic channels by means of negotiations and consultations. 2. If an agreement cannot be settled within a reasonable amount of time reached by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedwithin six (6) months of the date on which the dispute arose, be submittedthe dispute shall, at upon the request of either Contracting Party, to be referred for consideration by an arbitral tribunal, composed of arbitration tribunal comprising three members. Each Contracting Party shall appoint one arbitrator and the two appointed arbitrators thus appointed shall together appoint select a third arbitrator as their chairman chair, who is not a national of either Contracting Party and who is shall be a national of a third State that has maintaining diplomatic relations with the States of both Contracting Parties. 23. If one of the Contracting Parties fails to does not appoint an its arbitrator and has not proceeded to do so within two months after an or agree with the invitation from the other second Contracting Party to make such appointmentan appointment within two (2) months, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in If neither arbitrator can reach an agreement on the cases provided for in the paragraphs 2 and 3 selection of this Article, a chair within two (2) months from their appointments either Contracting Party may invite the President of the International Court of Justice is prevented from discharging to make the necessary appointment. 5. If under the cases specified in paragraphs 3 and 4 of this article the President of the International Court of the United Nations cannot discharge the said function functions or if he is a national of either one of the Contracting PartyParties, the Vice-President appointment shall be invited to make made by the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the International Court available 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. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties6. Before the Tribunal decidestribunal makes its decision, it may at any stage of the proceedings its work propose to the Contracting Parties to that they settle the their dispute amicably. The foregoing provisions shall not prejudice hinder the settlement of the dispute ex aequo et xxxx dispute, if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own proceduredecide. 7. The Tribunal tribunal shall establish its procedural rules without disturbing other arrangements between the Contracting Parties. The tribunal shall reach its decision decisions by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the maintenance costs of for its appointed member of the Tribunal and of tribunal, in accordance with its representation share in the arbitration proceedings and half proceedings. The maintenance costs for the chair of the costs of the chairman arbitration tribunal and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the other costs shall be borne by the Contracting Parties in equal parts. In its decision the tribunal may however allocate a higher participation in the costs to one of the two Contracting Parties. Such , and this decision shall be binding on both Contracting Parties. 9. The decisions of the tribunal are final and binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any Disputes between Contracting Parties regarding the interpretation and application of the provisions of this Agreement shall be settled by consultations and negotiations through diplomatic channels. 2. If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between the Contracting Parties concerning the interpretation or application of this Agreementthem, which cannot be settled within a reasonable amount of time upon request by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, it shall be submitted to an arbitral tribunal, composed court of three members. arbitration which shall be constituted as follows: Each Contracting Party shall appoint one arbitrator and the these two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a shall be national of a third State that has diplomatic state, maintaining dlplomatic relations with both Contracting Parties. 23. If one of the Contracting Parties fails to appoint an has not appointed its arbitrator and has not proceeded to do so within two months after an followed the invitation from of the other Contracting Party to make such appointmentthat appointment within two months, the latter arbitrator shall be appointed upon request by that Contracting Party may invite by the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one monthJustice. 34. If both arbitrators cannot reach an agreement about the two core arbitrators are unable to agree on choice of the chair person in the chairman within two months following after their appointment, he/she shall be appointed upon request by either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 45. If, If in the cases provided for in the specified under paragraphs 2 3 and 3 4 of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function function, or if he/she is a national of either Contracting Party, the Vice-President appointment shall be invited to make made by the necessary appointments. If the Vice-President Vice President, and if he/she is prevented from discharging the said function or if he/she is a national of either Contracting Party, the appointment shall be made by the most senior member judge of the Court available court who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agreeParty. 6. Unless With regard to other provisions made by the Contracting Parties decide otherwiseParties, the Tribunal court shall determine its own procedure. The court shall reach its decisions by a majority of votes. 7. The Tribunal shall reach its decision by a majority decisions of votes. Such decision the court shall be final and binding on the each Contracting PartiesParty. 8. Each Contracting Party party shall bear the costs of its appointed own member of the Tribunal court and of its representation in the arbitration proceedings and half of proceedings; the costs of the chairman and the remaining costscosts shall be bome in equal parts by the Contracting Parties. The Tribunal court may, however, in its decision direct that decide for a higher proportion of the costs shall to be borne by one of the two Contracting Parties. Such Parties and this decision shall be binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. Any ) The Contracting Parties shall endeavour to resolve any dispute between the Contracting Parties concerning them regarding the interpretation or application of the provisions of this Agreement, which Agreement through friendly negotiations. (2) If the dispute cannot thus be settled within a reasonable amount six months following the date of time by means notification of diplomatic negotiationsthe dispute, it shall, unless the Contracting Parties have otherwise agreed, be submitted, at upon the request of either Contracting Party, be submitted to an arbitral tribunalAd-hoc Arbitral Tribunal in accordance with this Article. (3) The Arbitral Tribunal shall be formed by three members and shall be constituted as follows: within two months of the notification by a Contracting Party of its wish to settle the dispute by arbitration, composed of three members. Each each Contracting Party shall appoint one arbitrator and arbitrator. These two members shall then, within one month of the two arbitrators thus appointed shall together appoint appointment of the last one, agree upon a third arbitrator as their chairman member who is not a national of either Contracting Party and who is shall be a national of a third State that has diplomatic relations with both Contracting Parties. 2country and who shall act as the Chairman. If one The appointment of the Chairman shall be approved by the Contracting Parties fails to appoint an arbitrator within one month of that person's nomination. (4) If, within the time limits provided for in paragraph 2 and 3 of this Article the required appointment has not proceeded to do so within two months after an invitation from been made or the other Contracting Party to make such appointmentrequired approval has not been given, the latter either Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on President of the chair International Court of Justice is prevented from carrying out the said function or if that person in is a national of either Contracting Party, the two months following their appointmentappointments shall be made by the Vice- President, and if the latter is prevented or if that person is a national of either Contracting Party, the appointments shall be made by the senior Judge of the Court who is not a national of either Contracting Party.paragraph 2 and 3 of this Article the required appointment has not been made or the required approval has not been given, either Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. 4appointments. If, in the cases provided for in the paragraphs 2 and 3 of this Article, If the President of the International Court of Justice is prevented from discharging carrying out the said function or if that person is a national of either Contracting Party, the Vice-President appointments shall be invited to make the necessary appointments. If made by the Vice-President President, and if the latter is prevented from discharging the said function or if that person is a national of either Contracting Party, the most appointments shall be made by the senior member Judge of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. (5. In making its determination ) The Chairman of the Tribunal shall decide the dispute in accordance be a national of a third country which has diplomatic relations with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the both Contracting Parties. (6) The Arbitral Tribunal decides, it may at any stage shall reach its decisions by virtue of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwisethis Agreement, the Tribunal shall determine its own procedure. 7generally recognized principles of international law on this subject and the general principles of law as recognized by both Contracting Parties. The Tribunal shall reach its decision decisions by a majority of votes. Such decision vote and shall be final and binding on the Contracting Partiesdetermine its procedure. 8. (7) Each Contracting Party shall bear the costs of its appointed member cost of the Tribunal arbitrator it has appointed and of its representation in the arbitration proceedings and half arbitral proceedings. The cost of the costs of the chairman Chairman and the remaining costscosts shall be borne in equal parts by the Contracting Parties unless agreed otherwise. The Tribunal may, however, in its decision direct that a higher proportion award determine another distribution of costs. (8) The award of the costs Arbitral Tribunal shall be borne by one of the two Contracting Parties. Such decision shall be final and binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall, which cannot if possible, be settled within a reasonable amount by negotiations between the Governments of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, to an arbitral tribunal, composed of three members. Each Contracting Party shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting Parties. 2. If the dispute cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunal. 3. The arbitration tribunal shall be set up from case to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties fails to appoint an arbitrator and has not proceeded to do so Parties. The members shall be appointed within two months after an invitation months, and the chairman within four months, from the date either Contracting Party, has advised the other Contracting Party of its wish to make such appointmentsubmit the dispute to an arbitration tribunal. 4. If the time limits referred to in Paragraph (3) of this Article have not been complied with, the latter either Contracting Party may may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one monthappointments. 35. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function provided for in Paragraph (4) of this Article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court available who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably6. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal arbitration tribunal shall reach its decision by a majority of votes. Such , the decision shall be being final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member cost of the Tribunal and of member appointed by that Contracting Party as well as the costs for its representation in the arbitration proceedings and half of proceedings; the costs cost of the chairman and as well as any other costs shall be borne in equal parts by the remaining coststwo Contracting Parties. The Tribunal arbitration tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision In all other respects, the tribunal itself shall be binding on both Contracting Partiesdetermine the procedure of the arbitration tribunal.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the The Contracting Parties concerning agree to consult and negotiate any matter relating to the interpretation or application of this Agreement, which canagreement arises in any case of disagreement in respect thereto. The Contracting Parties shall grant the necessary care and opportunities to carry out such consultations and negotiations. 2. In case the consultations and negotiations not be settled settle the dispute within a reasonable amount period of time by means of diplomatic negotiationssix months from the start, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting PartyParty may, without prejudice to agree otherwise, to submit the dispute to an arbitral tribunal, tribunal composed of three members. Each Contracting Party shall appoint one arbitrator and the an arbitrator. These two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is elect a national of a third State that has diplomatic relations with both who on approval of the two Contracting Parties. 2Parties shall be appointed Chairman of the Tribunal. If one any of the Contracting Parties fails arbitrators is not available to perform its functions, it shall appoint an arbitrator and has not proceeded to do so substitute as provided for in this article. 3. The Contracting Parties shall appoint their respective arbitrators within two months after an invitation from the date on which a Party has notified the other in writing of its wish to submit the dispute to an arbitral tribunal. The President of the tribunal shall be appointed within two months from the last date of the appointment of arbitrators referred to above. 4. If within the periods specified in paragraph (3) of this article shall not make the necessary appointments, either Contracting Party to make such appointmentmay, in the latter Contracting Party may absence of any other agreement, invite the President of the International Court of Justice to make proceed with the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President is a national of one of the International Court of Justice to make the necessary appointment. 4. Ifcontracting parties or, in the cases provided if for in the paragraphs 2 and 3 of this Articleany reason, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Partyfunction, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either of the contracting parties or if he is also prevented from discharging the said function or is a national of either Contracting Partyfunction, the most senior member of the International Court available of Justice who is next in seniority and is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making The tribunal shall determine its determination own procedures unless the Tribunal parties agree otherwise and shall decide the dispute in accordance with customary the provisions of this Agreement and the applicable rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions arbitral tribunal shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 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 votes and that decision shall be final and binding on the both Contracting Parties. 86. Each Contracting Party shall bear the costs of its appointed the member of the Tribunal and of its representation in the arbitration proceedings and half arbitral proceedings. The cost of the costs of the chairman Chairman and the remaining costscosts shall be borne in principle in equal parts by the Contracting Parties. The Tribunal mayHowever, however, in the arbitral tribunal shall determine its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision , and this award shall be binding on both Contracting Partiesthe same.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement, which cannot be settled within a reasonable amount of time by means of diplomatic negotiationsIn this regard, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party Xxxxx may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, . the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either cither Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. 7. Such decision Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitration tribunal under the costs provisions of its appointed member this Article, if a dispute on the same matter has been brought before another international, arbitration tribunal under the provisions of Article 9 and is still before the Tribunal tribunal. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute 1- Disputes between the Contracting Parties concerning the interpretation or application of this AgreementAgreement should, which if possible, be settled, through diplomatic channels. 2- If a dispute between the Contracting Parties thus cannot be settled within six months from notification of a reasonable amount of time by means of diplomatic negotiationsdispute, shall, unless the Contracting Parties have otherwise agreed, be submitted, at it shall upon the request of either Contracting Party, be submitted to an arbitral tribunal, composed consisting of three members. Each Contracting Party shall appoint appoints one arbitrator and member of the two arbitrators thus appointed shall together appoint tribunal, who then select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman who is a national citizen of a third State that State, which has diplomatic relations with both Contracting Parties. 2. 3- If one of the Contracting Parties fails to does not appoint an its arbitrator and has does not proceeded to do so within two months after an agree with the invitation from of the other Contracting Party to make such appointmentnecessary appointment during two months, the latter may invite the president of the International Court of Justice to make any necessary appointments. 4- If two appointed arbitrators do not reach agreement, concerning the appointment of the Chairman, any Contracting Party may invite apply to the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one monthappointments. 5- If in cases, indicated in paragraphs (3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President ) and (4) of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this present Article, the President of the International Court of Justice is prevented from discharging the said function can not exercise these functions or if he is a national of either Contracting Partyone of the contracting Parties, the Vice-Deputy President shall be invited to make the all necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior and if he can not make these appointments, next by seniority member of the Court available Intentional Court, who is not a national citizen of either any Contracting Party shall be invited to make the necessary all appointments. 5. In making 6- The tribunal shall reach its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international lawdecision considering respect to laws, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at On any stage of making a decision, the proceedings tribunal may propose to the Contracting Parties to settle the dispute amicablyreach an agreement by friendly way. The foregoing Previous provisions shall not prejudice create obstacles to such settlement of the dispute ex aequo et xxxx if the Contracting Parties so agreea dispute. 6. Unless the Contracting Parties decide otherwise, the Tribunal 7- The tribunal shall determine its own procedure. 7rules of proceedings, not violating other agreements of Contracting Parties. The Tribunal shall reach tribunal reaches its decision decisions by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. 8- Each Contracting Party shall bear the costs cost of its appointed own member of the Tribunal and of its representation tribunal, according to their part in the arbitration proceedings and half of the costs of the chairman and the remaining costsarbitral proceedings. The Tribunal may, however, in its decision direct that a higher proportion cost of the costs Chairman and other expenses shall be borne in equal parts by the Contracting Parties. The tribunal may determine more higher part in covering expenses for one of the two Contracting Parties. Such And its decision shall be binding on both for each Contracting Party. 9- Decisions of the Tribunal shall be final and binding for Contracting Parties.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the Vice-President appointment shall be invited to make made by the necessary appointments. If Vice- President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. Such Arbitral Tribunal shall reach its decision on the basis of this Agreement and in accordance with international law applicable between the Contracting Parties. 7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitral tribunal under the costs provisions of its appointed member this Article, if a dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 and is still before the Tribunal tribunal. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and in a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. 7. Such decision Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitration court under the costs provisions of its appointed member this Article, if the same dispute has been brought before another international arbitration court under the provisions of Article 9 and is still before the Tribunal court. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and an arbitrator. In the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting Parties. 2. If event one of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. Such Arbitral Tribunal shall reach its decision shall be final on the basis of this Agreement and binding on in accordance with international law applicable between the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member of the Tribunal and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

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Settlement of Disputes between the Contracting Parties. 1. Any dispute between the The two Contracting Parties shall as far as possible settle any dispute concerning the interpretation or application of this Agreement, which canAgreement or other consultations through diplomatic channels. 2. If the dispute has not be been settled within a reasonable amount six (6) months from the date when either Contracting Party requested such consultations or the date of time by means application of regulation through diplomatic negotiationschannels and if both Contracting Parties do not agree in writing, shall, unless otherwise it shall be permitted to one of the Contracting Parties have otherwise agreed, be submitted, at by written notification to the request of either other Contracting Party, to submit the dispute to an arbitral tribunaltribunal which will meet for this purpose, composed in accordance with the following provisions of three membersthis article. 3. Each The arbitral tribunal shall be constituted as follows: each Contracting Party shall appoint one arbitrator member and the these two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is agree upon a national of a third State that has diplomatic relations State, with both President and will be appointed by the two Contracting Parties. 2. If one of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so The two members shall be appointed within two months after an invitation (2) and the Chairman within four (4) months, from the date of notification by either contracting party from the other Contracting Party of its intention to make such appointmentsubmit the dispute to an arbitral tribunal. 4. If the time limits laid down in paragraph 3 above are not observed, the latter either Contracting Party may may, in the absence of any other arrangement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either one of the Contracting PartyParties or if he is prevented from performing the abovementioned task, the Vice-President of the International Court of Justice shall be invited requested to make the necessary appointments. If the Vice-President is prevented from discharging of the said function or International Court of Justice is a national of either one of the Contracting PartyParties, or if he is prevented from attending to the abovementioned duties, the most senior member Member of the International Court available of Justice succeeding him in the order of precedence who is not a national of either one of the Contracting Party Parties shall be invited requested to make the necessary appointments. 5. In making its determination the The Arbitral Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 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 This decision shall be taken in accordance with the provisions of this Convention and with the rules of international law recognised in accordance with their application and shall be final and binding on the both Contracting Parties. 8. Each Contracting Party shall bear the costs fees of the member it has appointed and the fees of its appointed member of the Tribunal and of its representation representative in the arbitration proceedings and half of the costs arbitral proceedings. The fees of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs other expenses shall be borne equally by one of the two Contracting Parties. Such decision shall be binding The Arbitral Tribunal may, depending on both its assessment, decide to charge a higher percentage or the totality of the indicated costs to one of the Contracting Parties. The arbitral tribunal shall determine its own procedures with regard to all other aspects.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes arising between the Contracting Parties concerning the interpretation or and application of this Agreement, which Agreement shall be settled as far as possible through amicable negotiations. To this end the contracting party affected shall notify in writing the dispute to the other Contracting Party. 2. If an agreement cannot be settled achieved within a reasonable amount six months of time by means the date of diplomatic negotiationsthe submission of the dispute, shall, unless either Contracting Party may submit it to an ad hoc arbitral tribunal in accordance with the Contracting Parties have otherwise agreed, provisions of this article. 3. The arbitral tribunal shall consist of three members and shall be submitted, at constituted in the following manner: within two months after the date of notification of the request of either Contracting Partyfor arbitration, to an arbitral tribunal, composed of three members. Each each Contracting Party shall appoint one arbitrator and the an arbitrator. Those two arbitrators thus appointed within 60 days from the appointment of the last one, shall together appoint select a third arbitrator as their chairman member who is not a national of either Contracting Party and who is shall be a national of a third State that has diplomatic relations with both Contracting Parties. 2State, who shall chair the Tribunal. If one The designation of the Chairman shall be approved by the Contracting Parties fails to appoint an arbitrator and within thirty days after the date of his nomination. 4. If within the periods specified in paragraph 2 of this article, the appointment has not proceeded to do so within two months after an invitation from been made or required the other Contracting Party to make such appointmentapproval has been granted, the latter either Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If appointment, and if the Vice-President latter is prevented from discharging the said function or is a national of either of the Contracting PartyParties, the most senior member judge of the Court available next in seniority who is not a national of either one of the Contracting Party Parties shall be invited to make the necessary appointmentsappointment. 5. In making its determination The arbitral tribunal shall decide on the basis of the provisions of this Agreement and the principles of international law and the general principles of law recognized by the Contracting Parties. The Tribunal shall decide the dispute in accordance with customary rules by a majority of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal votes and shall determine its own procedureprocedural rules. 7. The Tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 86. Each Contracting Party shall bear the costs of its appointed member of the Tribunal and of arbitrator, as well as those relating to its representation in the arbitration proceedings and half arbitral proceedings. The cost of the Chairman and the remaining costs of the chairman and proceedings shall be removed in equal parts by the remaining costsContracting Parties unless they agree otherwise. 7. The Tribunal may, however, in its decision direct that a higher proportion decisions of the costs Tribunal shall be borne by one of the two Contracting Parties. Such decision shall be final and binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 11 . Any dispute between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall, which if possible, be settled by negotiations, through diplomatic channels. 2 . If the dispute cannot thus be settled within a reasonable amount six months from the beginning of time by means of diplomatic the negotiations, it shall, unless the Contracting Parties have otherwise agreed, be submitted, at the upon request of either Contracting Party, Party be submitted to an arbitral arbitritration tribunal, composed of three members. 3 . The arbitration tribunal shall be constituted ad hoc as follows: Each Contracting Party shall appoint one arbitrator and the these two arbitrators thus appointed shall together appoint agree upon a third arbitrator as their chairman who is not a national of either Contracting Party and who is shall be a national of a third State that has which maintains diplomatic relations with both Contracting Parties. 2. If one of The arbitrators shall be appointed within three months, the chairman within five months from the date on which either Contracting Parties fails to appoint an arbitrator and Party has not proceeded to do so within two months after an invitation from informed the other Contracting Party that it intends to make such appointmentsubmit 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, the latter either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable 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 or if he too is a national of either Contracting Party or is otherwise prevented from discharging the said function, the Member of the Court next in seniority, who is not a national of either Contracting Party, shall be invited to agree on make the chair person in necessary appointments.paragraph 3 of this Article the two months following their appointmentnecessary appointments have not been made, either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment. 4appointments. If, in the cases provided for in the paragraphs 2 and 3 of this Article, If the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty 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 prevented from discharging the said function or if he too is a national of either Contracting PartyParty or is otherwise prevented from discharging the said function, the most senior member Member of the Court available next in seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments. 55 . In making its determination the Tribunal The arbitration tribunal shall decide on the dispute in accordance with customary 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 principals of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 66 . Unless the Contracting Parties decide otherwise, the Tribunal tribunal shall determine its own procedure. 7. The Tribunal tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 87 . Each Contracting Party shall bear the costs cost of its appointed member of the Tribunal arbitrator appointed by itself and of its representation in the arbitration proceedings and half of the costs representation. The cost of the chairman and as well as the remaining costsother costs will be born in equal parts by the Contracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne born by one of the two Contracting Parties. Such decision Parties and this award shall be binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes arising between the Contracting Parties concerning the interpretation or and application of this Agreement, which Agreement shall be settled as far as possible through amicable negotiations. 2. If an agreement cannot be settled achieved within a reasonable amount period of time by means six months from the date of diplomatic negotiationsnotification of the dispute, shall, unless either Contracting Party may submit it to an ad hoc arbitral tribunal in accordance with the Contracting Parties have otherwise agreed, provisions of this Article. 3. The arbitral tribunal shall consist of three members and shall be submitted, at constituted in the following manner: within two months after the date of notification of the request of either Contracting Partyfor arbitration, to an arbitral tribunal, composed of three members. Each each Contracting Party shall appoint one arbitrator and the an arbitrator. Those two arbitrators thus appointed within thirty days after the appointment of the last one, shall together appoint select a third arbitrator as their chairman member who is not a national of either Contracting Party and who is shall be a national of a third State that has diplomatic relations with both Contracting Parties. 2State, who shall chair the Tribunal. If one The designation of the Chairman shall be approved by the Contracting Parties fails to appoint an arbitrator and within thirty days after the date of his nomination. 4. If within the periods specified in paragraph 3 of this article, the appointment has not proceeded to do so within two months after an invitation from been made or required the other Contracting Party to make such appointmentapproval has been granted, the latter either Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either of the Contracting Parties, the Vice President shall make the appointment, and if the latter is prevented or is a national of either of the Contracting PartyParties, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member judge of the Court available who in seniority who is not a national of either one of the Contracting Party Parties shall be invited to make the necessary appointmentsappointment. 5. In making its determination The President of the Tribunal shall decide the dispute in accordance be a national of a third State with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the which both Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agreemaintain diplomatic relations. 6. Unless The arbitral tribunal shall decide on the basis of the provisions of this Agreement and the principles of international law and the general principles of law recognized by the Contracting Parties Parties. The Tribunal shall decide otherwise, the Tribunal by a majority of votes and shall determine its own procedureprocedural rules. 7. The Tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member of the Tribunal and of arbitrator, as well as those relating to its representation in the arbitration proceedings and half arbitral proceedings. The cost of the Chairman and the remaining costs of the chairman and proceedings shall be removed in equal parts by the remaining costsContracting Parties unless they agree otherwise. 8. The Tribunal may, however, in its decision direct that a higher proportion decisions of the costs Tribunal shall be borne by one of the two Contracting Parties. Such decision shall be final and binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning relative to the interpretation or application of this Agreement, which cannot Agreement shall as far as possible be settled through diplomatic channels. 2. If it were not possible to settle the dispute in this way within a reasonable amount six months from the start of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, it shall be submitted, submitted at the request of either of the two Contracting Party, Parties to an arbitral tribunal, composed a court of three membersarbitration. 3. Each The Court of Arbitration shall be set up in the following way: each Contracting Party shall appoint one an arbitrator and these two arbitrators shall elect a citizen from a third country as President. The arbitrators shall be appointed within three months and the President within five months from the date on which either of the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Patties inform the other Contracting Party and who is of its intention to submit the dispute to a national court of a third State that has diplomatic relations with both Contracting Partiesarbitration. 24. If one of the two Contracting Parties fails to does not appoint an its arbitrator and has not proceeded to do so within two months after an invitation from before the established deadline, the other Contracting Party may request the President of the International Court of Justice to make such appointment. In the event that the two arbitrators do not reach an agreement on the appointment of the third arbitration before the established deadline, either of the latter Contracting Party Parties may invite in turn call on the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appropriate appointment. 45. If, If in the cases case provided for in the paragraphs 2 and 3 paragraph 4 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointment.paragraph 4 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointment. 56. In making The court of arbitration shall issue its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention decision on the Law basis of Treaties. Before respect for the Tribunal decides, it may at any stage law of the proceedings propose to rules contained in this Agreement or in other agreement in force between the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement and as well as of the dispute ex aequo et xxxx if the Contracting Parties so agreeuniversally recognized principles of international law. 67. Unless the Contracting Parties decide otherwise, the Tribunal court shall determine lay down its own procedure. 78. The Tribunal court shall reach take its decision by a majority of votes. Such vote and that decision shall be final and binding on the both Contracting Parties. 89. Each Contracting Party shall bear the costs of its appointed member expenses of the Tribunal arbitrator appointed by it and of its representation those connected with representing it in the arbitration proceedings and half proceedings. The other expenses, including those of the costs of the chairman and the remaining costs. The Tribunal mayPresident, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized tules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. 7. Such decision Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitration court under the costs provisions of its appointed member this Article, if the same dispute has been brought before another international arbitration court under the provisions of Article 9 and is still before the Tribunal court. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 1 contract

Samples: Bilateral Investment Treaty

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to achieve such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedures, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is late. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. Such Arbitral Tribunal shall reach its decision on the basis of this Agreement and in accordance with international law applicable between the Contracting Parties. 7. Expenses incurred by the Chairman, the arbitrators and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitral tribunal under the costs provisions of its appointed member this Article, if a dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 and is still before the Tribunal tribunal. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall be, which if possible, settled by negotiations through diplomatic channels. 2. In the absence of a settlement through diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties; this commission shall convene without undue delay at the request of the first party to take action. 3. If the joint commission cannot be settled within a reasonable amount of time by means of diplomatic negotiationssettle the dispute, shall, unless the Contracting Parties have otherwise agreed, latter shall be submitted, at the request of either Contracting Party, to an arbitral tribunal, composed of three members. arbitration tribunal set up as follows for each individual case: a) Each Contracting Party shall appoint one arbitrator and within a period of two months from the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of date on which either Contracting Party and who is has informed the other Party of its intention to submit the dispute to arbitration. Within a period of two months following their appointment, these two arbitrators shall appoint by mutual agreement a national of a third State that has which maintains diplomatic relations with both Contracting Parties, and who shall be designated as chairman of the tribunal. 2. b) If one appointments of arbitrators have not been made within the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite the President period specified in paragraph (a) of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointmentthis Article, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointmentappointments. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, c) If the President of the International Court of Justice is prevented from discharging a national of either Contracting Party or of a country with which one of the said function Contracting Parties has no diplomatic relations or if, for any other reason, he cannot exercise this function, the Vice- President of the International Court of Justice shall be requested to make the appointments. d) If the Vice-President is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President Party or is prevented from discharging the said function or is a national of either Contracting Partyfunction, the most senior member of the International Court available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably4. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal tribunal thus constituted shall determine its own rules of procedure. 7. The Tribunal Its decisions shall reach its decision be taken by a majority of votes. Such decision ; they shall be final and binding on the Contracting Parties. 85. Each Contracting Party shall bear the costs resulting from the appointment of its appointed member of arbitrator, The expenses in connection with the Tribunal and of its representation in the arbitration proceedings and half of the costs appointment of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion administrative costs of the costs tribunal shall be borne equally by one of the two Contracting Parties, unless the arbitral tribunal decides otherwise. 6. Such decision shall be binding on both The arbitral tribunal may interpret its decisions at the request of either Contracting PartiesParty.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. Such Arbitral Tribunal shall reach its decision on the basis of this Agreement and in accordance with international law applicable between the Contracting Parties. 7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitral tribunal under the costs provisions of its appointed member this Article, if a dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 of this Agreement and is still before the Tribunal tribunal. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes arising between the contracting parties concerning the interpretation and application of this Agreement shall be settled as far as possible through amicable negotiations. 2. If an agreement is not reached within six months from the date of the notification of the dispute, any of the Contracting Parties concerning may refer the interpretation or application dispute to an Ad-hoc Arbitral Tribunal in accordance with the provisions of this Agreement, which cannot Article. 3. The arbitral tribunal shall consist of three members and shall be settled constituted in the following manner: within a reasonable amount two months after the date of time by means notification of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Partyfor arbitration, to an arbitral tribunal, composed of three members. Each each Contracting Party shall appoint one arbitrator and the an arbitrator. These two arbitrators thus appointed within thirty days after the appointment of the last one, shall together appoint select a third arbitrator as their chairman member who is not a national of either Contracting Party and who is shall be a national of a third State that has diplomatic relations with both Contracting Parties. 2State, who shall chair the Tribunal. If one The designation of the Chairman shall be approved by the Contracting Parties fails to appoint an arbitrator and within thirty days after the date of his nomination. 4. If within the periods specified in paragraph 2 of this article, the appointment has not proceeded to do so within two months after an invitation from been made or required the other Contracting Party to make such appointmentapproval has been granted, the latter either Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If appointment, and if the Vice-President latter is prevented from discharging the said function or is a national of either of the Contracting PartyParties, the most senior member judge of the Court available who in antiguedad and who is not a national of either one of the Contracting Party Parties shall be invited to make the necessary appointmentsappointment. 5. In making its determination The President of the Tribunal shall decide the dispute in accordance be a national of a third State with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agreewhich both contracting parties maintain diplomatic relations. 6. Unless The arbitral tribunal shall decide on the Contracting Parties basis of the provisions of this Agreement and the principles of international law and the general principles of law recognized by the contracting parties. The Tribunal shall decide otherwise, the Tribunal by a majority of votes and shall determine its own procedureprocedural rules. 7. The Tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed member of the Tribunal and of arbitrator, as well as those relating to its representation in the arbitration proceedings and half arbitral proceedings. The cost of the Chairman and the remaining costs of the chairman and proceedings shall be removed in equal parts by the remaining costscontracting parties unless they agree otherwise. 8. The Tribunal may, however, in its decision direct that a higher proportion Decisions of the costs arbitral tribunal shall be borne by one of the two Contracting Parties. Such decision shall be final and binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement, which Agreement shall be settled as far as possible through diplomatic channels. 2. If the dispute cannot be settled in this way within a reasonable amount six months from the beginning of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, dispute shall be submitted, at the request of either Contracting Party, of the two contracting parties to an arbitral arbitration tribunal, composed of three members. 3. Each The arbitration tribunal shall be constituted as follows: each Contracting Party shall appoint one arbitrator and the these two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is elect a national of a third State that country as Chairman. the arbitrators shall be appointed within three months and the Chairman within five months from the date on which either Contracting Party has diplomatic relations with both Contracting Partiesinformed the other contracting party of its intention to submit the dispute to an arbitration tribunal. 24. If one of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so appointed its arbitrator within two months after an invitation from the deadline, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If if the two core arbitrators are unable fail to agree on the chair person in appointment of the two months following their appointmentthird arbitrator within the prescribed period, either Contracting Party may invite appeal to the President of the International Court of Justice to make the necessary appointment. 45. If, If in the cases provided for referred to in the paragraphs 2 and 3 paragraph 4 of this Articlearticle, the President of the International Court of Justice is prevented from discharging cannot discharge the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If if the Vice-President cannot discharge the said function or is prevented from discharging a national of either Contracting Party shall be invited to make the necessary appointments to the most senior member of the Court who is in a position to do so and who is not a national of any of the Parties contratantes.párrafo 4 of this article, the President of the International Court of Justice cannot discharge the said function or is a national of either Contracting Party, the most senior member of Vice-President shall be invited to make the Court available who necessary appointments. if the Vice-President cannot discharge the said function or is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination appointments to the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage most senior member of the proceedings propose Court who is in a position to do so and who is not a national of either of the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agreeParties. 6. The arbitration tribunal shall deliver its opinion on the basis of respect for the Law, the rules contained in this Agreement or in other agreements in force between the contracting parties, and the universally recognized principles of international law. 7. Unless the Contracting Parties decide otherwise, the Tribunal tribunal shall determine its own procedure. 78. The Tribunal tribunal shall reach its decision by a majority of votes. Such votes and that decision shall be final and binding on the Contracting Partiesboth contracting parties. 89. Each Contracting Party shall bear the costs of its the arbitrator appointed member of the Tribunal by it and of its representation in the arbitration proceedings and half of arbitral proceedings. the costs of other expenses, including the chairman and the remaining costs. The Tribunal mayPresident, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one of the two Contracting Parties. Such decision shall be binding on both Contracting Partiescontracting parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 11 . Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement, which cannot Agreement shall as far as possible be settled through diplomatic channels. 2 . If it were not possible to settle the dispute in this way within a reasonable amount six months from the start of time by means of diplomatic the negotiations, shall, unless the Contracting Parties have otherwise agreed, it shall be submitted, at the request of either of the two Contracting PartyParties, to an arbitral tribunal, composed of three members. 3 . Each The arbitral tribunal shall be set up in the following way: each Contracting Party shall appoint one arbitrator and the these two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is elect a national of a third State that has diplomatic relations with both Contracting Parties. 2country as Chairman. If one 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 fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from informed the other Contracting Party of its intention to make such appointmentsubmit 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, the latter either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty 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 from discharging the said function or 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.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 PartyParty or if he is otherwise prevented from discharging the said function, the most senior member 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 available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. 55 . In making The arbitral tribunal shall issue its determination decision on the Tribunal shall decide basis of the dispute provisions contained in accordance with customary rules this Agreement as well as the generally accepted principles of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 66 . Unless the Contracting Parties decide otherwise, the Tribunal arbitral tribunal shall determine lay down its own procedure. 77 . The Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such votes and that decision shall be final and binding on the both Contracting Parties. 88 . Each Contracting Party shall bear the costs expenses of its appointed member of the Tribunal own arbitrator and of its representation those connected with representing it in the arbitration proceedings and half proceedings. The other expenses, including those of the costs of the chairman and the remaining costs. The Tribunal mayChairman, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall, which if possible, be settled by consultation through diplomatic channels. 2. If any dispute cannot be settled within a reasonable amount of time by means of diplomatic negotiationssix (6) months, it shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article. 3. Such an Arbitral Tribunal shall be constituted for each individual case in the following way: Within two (2) months from the date of receipt of the request for arbitration, composed of three members. Each each Contracting Party shall appoint one arbitrator and member of the Tribunal. These two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is then select a national of a third State that has diplomatic relations with both Contracting PartiesState, who 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. 24. If one within the periods specified in paragraph (3) of this Article the Contracting Parties fails to appoint an arbitrator and has necessary appointments have not proceeded to do so within two months after an invitation from the other been made, a request may be made by either Contracting Party to make such appointment, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3such appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty or otherwise prevented from discharging the said function, the Vice-Vice- President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or also is a national of either Contracting PartyParty or prevented from discharging the said function, the most senior member of the International Court available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the appointments.paragraph (3) of this Article the necessary appointments have not been made, a request may be made by either Contracting Party to the President of the International Court of Justice to make such appointments. If the President is a national of either Contracting Party or otherwise prevented from discharging the said function, the Vice-President shall be invited to make the appointments. If the Vice-President also is a national of either Contracting Party or 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. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the both Contracting Parties. 86. Each Contracting Party shall bear the costs of its appointed member of the Tribunal own arbitrator and of its representation in the arbitration proceedings and half of the arbitral proceedings. The costs of the chairman Chairman and the remaining costscosts shall be borne in equal parts by both Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. 7. Such decision The Arbitral Tribunal shall be binding on both Contracting Partiesdetermine its own procedure.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the application and interpretation of this Agreement. In this regard, The Contacting Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties concerning the interpretation or application of this Agreement, which cannot be settled reach an agreement within a reasonable amount six months after the beginning of time by means of diplomatic negotiationsthe dispute between themselves through the foregoing procedure, shall, unless the Contracting Parties have otherwise agreed, dispute may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that who has diplomatic relations with both Contracting Parties. 2. If one of the Contracting Parties Parties. In the event either Contracting Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the two core arbitrators are unable to agree on choice of the chair person in the Chairman within two months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, If the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the Vice-President appointment shall be invited to make made by the necessary appointments. If Vice- President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The arbitral tribunal shall, have one month from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman, to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. If within one month the arbitral tribunal has not fixed its rules of procedure, as codified in the Vienna Convention on the Law rules of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions UNCITRAL shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agreebe applicable. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Contracting Parties decide otherwisedate of selection of the third arbitrator, and the Tribunal tribunal shall determine render its own proceduredecision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is latter. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes. 7. The Tribunal tribunal with respect to the dispute issue shall reach its decision by a majority apply the rules of votesthis Agreement. Such decision The venue of arbitration shall be final and binding on the Contracting PartiesHague, the Netherlands. 8. Each Contracting Party shall bear Expenses incurred by the costs of its appointed member of Chairman, the Tribunal other arbitrators, and of its representation in the arbitration proceedings and half of the other costs of the chairman and proceedings shall be paid for equally by the remaining costsContracting Parties. The Tribunal tribunal may, however, in at its decision direct discreation, decide that a higher proportion of the costs shall be borne paid by one of the two Contracting Parties. 9. Such decision A dispute shall not be binding on submitted to an international arbitration court under the provisions of this Article, if the same dispute has been brought before another international arbitration court under the provisions of Article IX and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Contracting Parties.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an am arbitral tribunal, composed tribunal of three members, 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a 2 third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the Vice-President appointment shall be invited to make made by the necessary appointments. If Vice- President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall bc made and ail hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. 7. Such decision Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitral tribunal under the costs provisions of its appointed member this Article, if a dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 and is still before the Tribunal tribunal. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party,, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the two core arbitrators are unable to agree on choice of the chair person in the Chairman within two months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. 7. Such decision Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitration court under the costs provisions of its appointed member this Article, if the same dispute has been brought before another international arbitration court under the provisions of Article. 9 and is still before the Tribunal court. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning relating to the interpretation or application appli- cation of this AgreementAgreement shall, which cannot as far as possible, be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless amicably through negotiations between the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, to an arbitral tribunal, composed of three members. Each Contracting Party shall appoint one arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting Parties. 2. If a dispute cannot be settled within six months from the date on which a Contract- ing Party requested negotiations pursuant to paragraph 1 of this Article, the dispute may, at the request of either of the Contracting Parties, be submitted to an arbitral tribunal. 3. The arbitral tribunal mentioned in paragraph 2 of this article shall be constituted for each specific case, as follows: each Contracting Party shall appoint a member, and the two members thus appointed shall jointly appoint a citizen of a third State who, following approval by the two Contracting Parties, shall be appointed President. The members of the tribunal shall be appointed within two months following the date on which one of the Con- tracting Parties informs the other of its intention to submit the dispute to arbitration. 4. In the event of failure to meet the deadlines mentioned in paragraph 3 of this article, and in the absence of any other agreement, either of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court is a citizen of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President one of the International Court of Justice Contracting Parties or is prevented from discharging the said function or is a national of either Contracting Partyful- filling that function, the Vice-President shall will be invited requested to make the necessary appointmentsappoint- ments. If the Vice-President is a citizen of one of the Contracting Parties or is also prevented from discharging filling the said function or is a national of either Contracting Partyfunction, the next most senior member of the International Court available of Justice who is not a national citizen of either one of the Contracting Party Parties shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal arbitral tribunal shall determine establish its own procedureprocedures and will rule on the dispute on the basis of this Agreement and princi- ples of international law accepted by the two Contracting Parties. 76. The Tribunal arbitral tribunal shall reach its make his decision by a majority of votes. Such decision , and such deci- sion shall be final and binding on the both Contracting Parties. 87. Each Contracting Party shall bear Unless the costs tribunal provides otherwise in the light of its appointed member particular circumstances, the expenses of the Tribunal and of its representation in arbitral procedure, including the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal mayarbitrators' fees, however, in its decision direct that a higher proportion of the costs shall be borne by one of shared equally between the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall, which if possible, be settled through consultation or negotiation. 2. If the dispute cannot be so settled within a reasonable amount of time by means of diplomatic negotiationssix months, shall, unless the Contracting Parties have otherwise agreed, be submitted, at 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. 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, composed of three members. Each each Contracting Party shall appoint one arbitrator and member of the Tribunal. These two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is then select a national of a third State that has diplomatic relations with both who on approval of the two Contracting PartiesParties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman" ) . The Chairman shall be appointed within three months from the date of appointment of the other two members. 24. If one within the periods specified in paragraph 3 of this Article the Contracting Parties fails necessary appointments have not been made, a request may be made to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable he happens to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is 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 necessary appointments. If the Vice-President also happens to be a national of either Contracting Party or is prevented from discharging the said function or is a national of either Contracting Partyfunction, the most senior member of the International Court available of Justice next in seniority who is not a national of either Contracting Party 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. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8binding. Each Contracting Party shall bear the costs cost of its appointed member of the Tribunal own arbitrator and of its representation in the arbitration proceedings and half arbitral proceedings; the cost of the costs of the chairman Chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one of the two both Contracting Parties. Such decision The Arbitral Tribunal shall be binding on both Contracting Partiesdetermine its seat, the applicable substantive law, its procedure, rules of evidence and the term of arbitration, unless the parties otherwise agree.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, be the disputes maybe submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 87. Each Contracting Party shall bear the costs of its appointed member of the Tribunal arbitrator and of its representation in the arbitration proceedings and half of the arbitral proceedings. The relevant costs of the chairman Chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs tribunal shall be borne in equal parts by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties. 8. A dispute shall not be submitted to an international arbitration tribunal under the provisions of this Article, if a dispute on the same matter has been brought before another international arbitration tribunal under the provisions of Article 9 and is still before the court.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes arising between the Contracting Parties concerning the interpretation or application of this AgreementAgreement shall be settled, which as far as possible, by consultations and negotiations. 2. If a dispute between the Contracting Parties cannot thus be settled within a reasonable amount six months from the date of time by means the commencement of diplomatic negotiations, it shall, unless the Contracting Parties have otherwise agreed, be submitted, at upon the request of either Contracting Party, Party be referred to an arbitral arbitration tribunal, composed . 3. The arbitration tribunal referred to in paragraph 2 of this Article Shall Be Constituted on an Ad Hoc Basis for Each individual case in the following way: within three members. Each months as of receipt of the request for arbitration each Contracting Party shall appoint one arbitrator. Within two months these two arbitrators shall select the third arbitrator and - a third country national who on approval by the two arbitrators thus Contracting Parties shall be appointed shall together appoint a third arbitrator as their chairman who Chairman of the arbitration tribunal. 4. If the arbitration tribunal is not a national set up within the periods specified in paragraph 3 of this Article, either Contracting Party and who is a national may, in the absence of a third State that has diplomatic relations with both Contracting Parties. 2. If one of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the any other Contracting Party to make such appointmentagreement, the latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function or is a national of either Contracting Partyfunction, the Vice-Vice President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-Vice President is prevented from discharging of the said function or International Court of Justice is a national of either Contracting Party, or if he too is prevented from discharging the most senior member said function, each Contracting Party may request that the Member of the International Court available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make makes the necessary appointments. 5. In making its determination the Tribunal The arbitration tribunal shall decide on the dispute in accordance with customary basis of the provisions of this Agreement as well as of the generally accepted principles and rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions arbitration tribunal shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 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 votesvote. Such decision Its awards shall be final and binding on the both Contracting Parties. 86. Each Contracting Party shall bear the costs of its appointed member of the Tribunal own arbitrator and of its representation in the arbitration proceedings and half of the proceedings. The costs of the chairman Chairman and the remaining costsexpenses shall be borne in equal parts by the Contracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision , and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedure.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning ) Disputes relating to the interpretation or application of this Agreementagreement, which cannot if possible, shall be settled through negotiation through diplomatic channels. 2) If the dispute is not settled within a reasonable amount six months from the date on which the matter was raised by either of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedParties, be submittedthen it is permissible, and at the request of either Contracting Party, to refer the dispute to an arbitral tribunal, composed . 3) The arbitral tribunal consists of three members. the following: Each Contracting Party shall appoint one appoints an arbitrator and the two arbitrators thus appointed shall together appoint choose a third arbitrator as their chairman who is not a national of either Contracting Party and who is a that shall be national of a third State country that has diplomatic relations with both Contracting Parties. 2, as president of the arbitral tribunal. If The two arbitrators must be appointed within three months and the president appointed within five months, starting from the date of notification of one of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the other party of its intention to submit the dispute to the arbitral tribunal. 4) If the arbitrators have not agreed within the time limits specified in paragraph 3 of this Article, one of the Contracting Party to make such appointment, the latter Contracting Party may Parties shall invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make holds the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 nationality of this Article, the President one of the International Court of Justice is prevented Contracting Parties or if an impediment prevents him from discharging the said function or is a national of either Contracting Partyexercising this task, the Vice-President shall be invited required to make the necessary appointments. If , and if the Vice-President is prevented holds the nationality of one of the Contracting Parties or if an impediment prevents him from discharging the said function or is a national of either Contracting Partyexercising this task, the most senior member of the International Court available of Justice who does not has the nationality of one of the Contracting Parties, shall be required to carry out the aforementioned appointments. In all cases, the president is not required to be a national of either Contracting Party shall be invited to make the necessary appointmentsa third country that has diplomatic relations with both parties. 5. In making ) The arbitral tribunal shall make its determination decisions on the Tribunal shall decide basis of the dispute in accordance with customary provisions of this agreement and the rules and principles of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal shall reach its decision Decisions are taken by a majority of votes. Such decision It shall be final and binding on for the Contracting Parties. 8. 6) The arbitral tribunal shall determine rules for its working methods. 7) Each Contracting Party shall bear the costs of its appointed member of the Tribunal judgment and of its representation in the arbitration proceedings process. The president's expenses and half the rest of the costs of expenses are divided equally between the chairman and contracting parties, unless the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on both Contracting Partiestribunal decides otherwise.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 11 . Any dispute between the Contracting Parties concerning relative to the interpretation or application of this Agreement, which cannot Agreement shall as far as possible be settled through diplomatic channels. 2 . If it were not possible to settle the dispute in this way within a reasonable amount three months from the start of time by means of diplomatic the negotiations, shall, unless the Contracting Parties have otherwise agreed, it shall be submitted, at the request of either of the two Contracting PartyParties, to an arbitral tribunal, composed of three members. 3 . Each The arbitral tribunal shall be set up in the following way: each Contracting Party shall appoint one arbitrator and the these two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is elect a national of a third State that has diplomatic relations with both Contracting Parties. 2country as Chairman. If one 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 fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from informed the other Contracting Party of its intention to make such appointmentsubmit 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, the latter either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable 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 agree on make the chair person 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 two months following their appointmentnecessary appointments.paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment. 4appointments. If, in the cases provided for in the paragraphs 2 and 3 of this Article, If the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty 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 or is a national of either Contracting Partyfunction, the most senior member Member of the International Court available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. 55 . In making The arbitral tribunal shall issue its determination decision on the Tribunal shall decide basis of respect for the dispute law, of the provisions contained in accordance with customary rules this Agreement or in other agreements in force between the Contracting Parties, and as well as of interpretation the generally accepted principles of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 66 . Unless the Contracting Parties decide otherwise, the Tribunal arbitral tribunal shall determine lay down its own procedure. 77 . The Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such votes and that decision shall be final and binding on the both Contracting Parties. 88 . Each Contracting Party shall bear the costs expenses of its appointed member of the Tribunal own arbitrator and of its representation those connected with representing it in the arbitration proceedings and half proceedings. The other expenses, including those of the costs of the chairman and the remaining costs. The Tribunal maypresident, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this AgreementAgreement should, which if possible, be settled through the diplomatic channels. 2. If a dispute between the Contracting Parties cannot thus be settled within a reasonable amount six months from the beginning of time by means of diplomatic the negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at 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 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, composed of three members. Each each Contracting Party shall appoint one arbitrator and member of the Tribunal. These two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is then select a national of a third State that has diplomatic relations with both who on approval of the two Contracting PartiesParties shall be appointed Chairman of the Tribunal. The Chairman shall be appointed within three months from the date of appointment of the other two members. 24. If one within the periods specified in paragraph 3 of this Article the Contracting Parties fails to appoint an arbitrator and has necessary appointments have not proceeded to do so within two months after an invitation from the other been made, either Contracting Party to make such appointmentmay, in the latter Contracting Party may absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, President is a national of either Contracting Party may invite or if he is otherwise prevented from discharging the President said function, the vice-president shall be invited to make the 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 to make the necessary appointment. 4. If, next in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court available seniority who is not a national of either Contracting Party shall be invited to make the 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 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 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 appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal arbitral tribunal shall reach its decision decisions by a majority of votes. Such decision shall be final and binding on the both Contracting Parties. 8. Each Contracting Party shall bear the costs cost of its appointed own member of the Tribunal tribunal and of its representation in the arbitration proceedings and half arbitral proceedings; the cost of the costs of the chairman Chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one of the two Contracting Parties. Such decision The arbitral tribunal shall be binding on both Contracting Partiesdetermine its own procedure.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this AgreementAgreement should, which if possible, be settled through the diplomatic channel. (2) If a dispute between the Contracting Parties cannot thus be settled within a reasonable amount six months from the beginning of time by means of diplomatic the negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal. (3) Such 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, composed of three members. Each each Contracting Party shall appoint one arbitrator and member of the tribunal. Those two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is then select a national of a third State that has diplomatic relations with both who on approval by the two Contracting Parties. 2. If one Parties shall be appointed Chairman of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so tribunal. The Chairman shall be appointed within two months after an invitation 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 to make such appointmentmay, in the latter Contracting Party may absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty 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 from discharging the said function or 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.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 PartyParty or if he is otherwise prevented from discharging the said function, the most senior 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 available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. ) The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the both Contracting Parties. 8. Each Contracting Party shall bear the costs cost of its appointed own member of the Tribunal tribunal and of its representation in the arbitration proceedings and half arbitral proceedings; the cost of the costs of the chairman Chairman and the remaining costscosts shall in principle be borne in equal parts by the Contracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision , and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedure.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between The two parties will attempt in good faith and mutual cooperation to reach a rapid and fair settlement of disputes related to the interpretation or application. In this connection, the Contracting Parties concerning agree to apply direct negotiations to reach such settlement. If the interpretation or application differences between the parties are not regulated Within 6 months from the date of this Agreementits origin, which cannot each Contracting Party be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, submitted to an arbitral tribunal, composed tribunal consisting of three members. 2. Each Contracting Party two months of receiving the above requirement shall appoint one arbitrator and the two arbitrators thus so appointed shall together appoint a third arbitrator as their chairman who is not a national the approval of either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting PartiesParties to any third-country nationals within two months, as the court's president. 23. If one the period referred to in the second paragraph of this Article the necessary appointments have not been made, the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from shall, in the absence of any other Contracting Party to make such appointmentagreement, the latter Contracting Party may invite the President of the International Court of Justice to make for the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If for any reason he can not perform the two core arbitrators are unable to agree on said function, the chair person in appointments carry To convene the two months following their appointmentUN International Court Vice President. And even if the Vice President is a national of one Contracting Party, either Contracting Party may invite or if for any other reason can not fulfill this function, it will be the President of the UN International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice next senior member who is prevented from discharging the said function or is not a national citizen of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably4. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal shall reach its decision Court's decisions are taken by a majority of votesvote. Such decision shall be decisions are final and binding on the Contracting Parties. 8for all parties. Each Contracting Party shall bear the costs cost of its appointed member of the Tribunal arbitrator and of its representation in the arbitration proceedings proceedings. with the Chairman and half of other costs shall be shared equally between the costs of the chairman and the remaining costsContracting Parties. The Tribunal tribunal may, however, in its decision direct decide that a higher proportion of the costs shall be borne by one of the two Contracting PartiesParties and that decision will be final for both parties. Such The court has set a trial procedure. 5. Unless otherwise agreed between the contracting parties, the trial will take place in The Hague / Netherlands /. 6. All claims must be submitted and all hearings held within eight months from the date of appointment of a member of the 3rd, if there is no other agreement. The Court must publish its final decision shall be binding within 2 months from the closing date of the General Meeting or, depending on both what happened later. 7. It is not allowed to submit a dispute to arbitration pursuant to the rules of this Article, if the dispute is submitted to a court of arbitration, in accordance with Article 8 of the rules, and its hearings are not yet completed. this All this, however, does not prevent the holding of direct and constructive negotiations between the Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the application or interpretation or application of this Agreement, which cannot be settled within a reasonable amount lapse of time by means of diplomatic negotiationsnegotiations between the Contracting Parties, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, to an arbitral tribunal, composed of three members. Each Contracting Party shall appoint one arbitrator member of the tribunal and the these two arbitrators members thus appointed shall together appoint a third arbitrator member of the tribunal as their chairman Chairman who is not a national of either Contracting Party and who is a national of a third State that has diplomatic relations with both Contracting PartiesParty. 2. If one of the Contracting Parties fails to appoint an arbitrator its member and has not proceeded to do so within two months after an the date of the invitation from the other Contracting Party to make such appointment, the latter Contracting Party may invite the President of the International Court of Justice in The Hague to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If the two core arbitrators members are unable to agree on the chair person reach agreement, in the two months following their appointment, on the choice of the third member, either Contracting Party may invite the President of the International Court of Justice in The Hague to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice in The Hague is prevented from discharging the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the International Court available of Justice in The Hague next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. 5. In making The arbitration tribunal shall reach its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention decision on the Law basis of Treatiesrespect for law as well as for the provisions of the present Agreement. Before the Tribunal arbitration tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle that the dispute be settled amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine arbitration tribunal determines its own procedure. 7. The Tribunal arbitration tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the Contracting Parties. 8. Each Contracting Party shall bear the costs of its appointed own member of the Tribunal tribunal and of its representation in the arbitration proceedings and half of arbitral proceedings, while the costs of the chairman Chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne born in equal parts by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties, unless the tribunal decides otherwise.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within twelve (12) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. 7. Such decision Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitration tribunal under the costs provisions of its appointed member this Article, if a dispute on the same matter has been brought before another international arbitration tribunal under the provisions of Article 10 and is still before the Tribunal tribunal. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 1 contract

Samples: Investment Agreement

Settlement of Disputes between the Contracting Parties. 11 . Any dispute between the Contracting Parties concerning relative to the interpretation or application of this Agreement, which cannot Agreement shall as far as possible be settled through diplomatic channels. 2 . If it were not possible to settle the dispute in this way within a reasonable amount six months from the start of time by means of diplomatic the negotiations, shall, unless the Contracting Parties have otherwise agreed, it shall be submitted, at the request of either of the two Contracting PartyParties, to an arbitral tribunal, composed of three members. 3 . Each The tribunal shall be set up in the following way: each Contracting Party shall appoint one an arbitrator and the these two arbitrators thus appointed shall together appoint nominate a third arbitrator as their chairman who is not a national of either Contracting Party and who is shall be a national of a third State that has State, which maintains diplomatic relations with both Contracting Parties. 2. If one The arbitrators shall be appointed within three months and the president within five months from the date on which either of the two Contracting Parties fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from informed the other Contracting Party of its intention to make such appointmentsubmit the dispute to a court of arbitration. 4 . If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, the latter either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment. 4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty 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 from discharging the said function or is a national of either Contracting Partyfunction, the most senior member Member of the International Court available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make 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 any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice- President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make necessary appointments. 55 . In making The tribunal shall issue its determination decision on the Tribunal shall decide basis of the dispute rules contained in accordance with customary rules this Agreement or in other agreements in force between the Contracting Parties, and as well as of interpretation the universally accepted principles of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 66 . Unless the Contracting Parties decide otherwise, the Tribunal court shall determine lay down its own procedure. 77 . The Tribunal tribunal shall reach its decision by a majority of votes. Such votes and that decision shall be final and binding on the both Contracting Parties. 88 . Each Contracting Party shall bear the costs of its appointed member expenses of the Tribunal arbitrator appointed by it and of its representation those connected with representing it in the arbitration proceedings and half proceedings. The other expenses, including those of the costs of the chairman and the remaining costs. The Tribunal maypresident, however, in its decision direct that a higher proportion of the costs shall be borne in equal parts by one of the two Contracting Parties. Such decision shall be binding on both Contracting Parties.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this AgreementAgreement should, which if possible, be settled through the diplomatic channel. (2) If a dispute between the Contracting Parties cannot thus be settled within a reasonable amount six months from the beginning of time by means of diplomatic the negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal. (3) Such 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, composed of three members. Each each Contracting Party shall appoint one arbitrator and member of the tribunal. Those two arbitrators thus appointed members shall together appoint a third arbitrator as their chairman who is not a national of either Contracting Party and who is then select a national of a third State that has diplomatic relations with both who on approval by the two Contracting Parties. 2. If one Parties shall be appointed Chairman of the Contracting Parties fails to appoint an arbitrator and has not proceeded to do so tribunal. The Chairman shall be appointed within two months after an invitation 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 to make such appointmentmay, in the latter Contracting Party may absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3appointments. If the two core arbitrators are unable 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 agree on make the chair person 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 two months following their appointmentnecessary appointments.paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointment. 4appointments. If, in the cases provided for in the paragraphs 2 and 3 of this Article, If the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting PartyParty 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 from discharging the said function or is a national of either Contracting Partyfunction, the most senior member of the International Court available of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. ) The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree. 6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure. 7. The Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on the both Contracting Parties. 8. Each Contracting Party shall bear the costs cost of its appointed own member of the Tribunal tribunal and of its representation in the arbitration proceedings and half arbitral proceedings; the cost of the costs of the chairman Chairman and the remaining costscosts shall in principle be borne in equal parts by the Contracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision Parties and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedure.

Appears in 1 contract

Samples: Investment Protection Agreement

Settlement of Disputes between the Contracting Parties. 1. Any The Contracting Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Contracting Parties them concerning the interpretation or application of this Agreement. In this regard, which cannot be settled within a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreedagree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, at upon the request of either Contracting Party, to an arbitral tribunal, composed tribunal of three members. 2. Each Within two (2) months of receipt of a request, each Contracting Party shall appoint one arbitrator and the an arbitrator. The two arbitrators thus appointed shall together appoint select a third arbitrator as their chairman who is not a national of either Contracting Party and Chairman, who is a national of a third State that has diplomatic relations with both State. In the event either Contracting Parties. 2. If one of the Contracting Parties Party fails to appoint an arbitrator and has not proceeded to do so within two months after an invitation from the specified time, the other Contracting Party to make such appointment, the latter Contracting Party may invite request the President of the International Court of Justice to make the necessary appointment. The President shall consult both Parties which consultations shall not take no longer than one month. 3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two core arbitrators are unable to agree on the chair person in the two (2) months following after their appointment, the Chairman shall be appointed upon the request of either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentJustice. 4. If, in the cases provided for in the specified under paragraphs 2 (2) and 3 (3) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President shall be invited to make the necessary appointments. If President, and if the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court available who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty. 5. In making its determination The tribunal shall have three (3) months from the Tribunal shall decide date of the dispute in accordance with customary selection of the Chairman to agree upon rules of interpretation procedure consistent with the other provisions of public international lawthis Agreement. In the absence of such agreement, as codified in the Vienna Convention on tribunal shall request the Law of Treaties. Before the Tribunal decides, it may at any stage President of the proceedings propose International Court of Justice to the Contracting Parties to settle the dispute amicably. The foregoing provisions shall not prejudice settlement designate rules of the dispute ex aequo et xxxx if the Contracting Parties so agreeprocedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the Contracting Parties decide otherwisedate of selection of the Chairman, and the Tribunal tribunal shall determine render its own procedure. 7decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Tribunal arbitral tribunal shall reach its decision decisions, which shall be final and binding, by a majority of votes. 7. Such decision Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be final and binding on paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. Each Contracting Party A dispute shall bear not be submitted to an international arbitral tribunal under the costs provisions of its appointed member this Article, if a dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 and is still before the Tribunal tribunal. This will not impair the engagement in direct and of its representation in the arbitration proceedings and half of the costs of the chairman and the remaining costs. The Tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Parties. Such decision shall be binding on meaningful negotiations between both Contracting Parties.

Appears in 1 contract

Samples: Investment Agreement

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