Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations. 2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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. 4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments. 5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 4 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallAgreement, shall if possible, possible be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State who on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "the, Chairman"). The Chairman shall be appointed within three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph Paragraph 3 of this Article the necessary appointments have not been made, a request may be made to the President of the International Court of Justice to make the necessary appointments. If he happens to be a national of either Contracting Party, or if he is otherwise Otherwise prevented from discharging the said function, the Vice-President president shall be invited to make the necessary appointments. If the Vice-President 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Each, Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall, if possible, shall be settled as far as possible through friendly consultations or negotiationsby both Contracting Parties through diplomatic channels.
(2. ) If the dispute such disputes cannot be thus settled within six monthsmonths from the beginning of the negotiations, it shall upon they shall, at the request of either Contracting Party Party, be submitted for settlement to an Arbitral Tribunal in accordance with the provisions of this Articlead hoc arbitral tribunal.
(3. The Arbitral Tribunal ) (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the upon receipt of the request for arbitration, arbitration each Contracting Party shall appoint one member of the Tribunaltribunal. These Those two members shall then select a national of a third State who on approval of by the two Contracting Parties shall Parties, xxxXx be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")tribunal. The Chairman shall be appointed within three two months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made to either Contracting Party may, in the absence of any other arrangement, invite the President of the International Court of Justice to make the any necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he the is otherwise prevented from discharging the said functionfunctions, the Vice-President shall be invited to make the necessary appointments. If the Vice-Vice- President also happens to be is a national of either Contracting Party or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall determine its own procedure. The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be bindingfinal and binding upon the Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator member of the tribunal and of its representation in the arbitral proceedings; the cost costs of the Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the tha Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, shall be settled through consultations or as far as possible by negotiations.
2. If the a dispute according to paragraph 1 of this Article cannot be thus settled within six (6) months, it shall shall, upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions arbitral tribunal.paragraph 1 of this ArticleArticle cannot be settled within six (6) months, it shall, upon the request of either Contracting Party, be submitted to an arbitral tribunal.
3. The Arbitral Tribunal Such arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, on an ad hoc basis as follows: each Contracting Party shall appoint one member of the Tribunal. These arbitrator and these two members arbitrators shall then select agree upon a national of a third State who on approval of as their chairman to be appointed by the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")Parties. The Chairman Such arbitrators shall be appointed within three two (2) months from the date one Contracting Party has informed the other Contracting Party, of its intention to submit the dispute to an arbitral tribunal and the chairman shall be appointed within two (2) months following the appointment of the other two membersarbitrators.
4. If within the periods specified in paragraph 3 of this Article are not observed, either Contracting Party may, in the necessary appointments have not been madeabsence of any other relevant arrangement, a request may be made to invite the President of the International Court of Justice to make the necessary appointments. If he happens to be the President of the International Court of Justice is a national of either of the Contracting Party, Parties or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President also happens to be a national or in case of either Contracting Party or is prevented from discharging the said function, his inability the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall should be invited under the same conditions to make the necessary appointments.
5. The Arbitral Tribunal tribunal shall establish its own rules of procedure.
6. The arbitral tribunal shall reach its decision on the basis of the present Agreement and applicable rules of international law. It shall reach its decision by a majority of votes. Such ; the decision shall be bindingfinal and binding for both Contracting Parties.
7. Each Contracting Party shall bear the cost costs of its own arbitrator member and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall tribunal may, however, in its award determine its own procedureanother distribution of costs.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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 xxxx of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made to the President of the International Court of Justice to make the necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if as far as possible, be settled through consultations consultation or negotiationsdiplomatic channels.
(2. ) If the dispute cannot be thus so settled within six (6) months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two two(2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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 three(3) months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 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 necessary 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 necessary 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 necessary appointments.
(5. ) The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 3 contracts
Samples: Investment Agreement, Bilateral Investment Treaty, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal arbitral tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State who on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman"Chairmanâ). The Chairman shall be appointed within three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made to the President of the International Court of Justice to make the necessary appointments. If he the President happens to be a national of either Contracting Party, or if he the President is otherwise prevented from discharging the said function, the Vice-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, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal arbitral tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes that may arise between the Contracting Parties concerning the interpretation or and application of this Agreement shallshall be settled, if as far as possible, be settled through negotiations and consultations or negotiationsthrough diplomatic channels.
2. If the dispute candisputes of the Contracting Parties are not be thus settled within six months(6) months from the date of their occurrence, it the disputes shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with this Article upon the provisions request of this Articlethe Contracting Parties.
3. The Such an Arbitral Tribunal shall be constituted established for each individual case in the following wayorder. Within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select then, with the consent of both Contracting Parties, elect a national of a third State who on approval to be appointed President of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")Tribunal. The Chairman shall be appointed within three four (4) months from after the date of appointment of the other two members.
4. If the necessary appointments are not made within the periods specified time limits referred to in paragraph 3 of this Article Article, in the necessary appointments have not been madeabsence of another agreement, a request either Contracting Party may be made to invite the President of the International Court of Justice to make the necessary 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 any necessary appointments. If the Vice-President also happens to be is a national of either Contracting Party or is prevented from discharging the said functionunable to perform this function for any reason, the a subsequent member of the International Court of Justice next in seniority Justice, who is not a national of either Contracting Party and may perform this function, shall be invited to make the necessary appointments.
5. Unless otherwise agreed between the Contracting Parties, the Arbitral Tribunal shall determine its own rules of procedure. The Arbitral Tribunal shall reach render its decision on the basis of this Agreement and in accordance with the rules of international law applicable between the Contracting Parties. The Arbitral Tribunal shall make its decision by a majority of votes.
6. Such decision The decisions of the Arbitral Tribunal shall be bindingfinal and binding on both Contracting Parties.
7. Each Contracting Party shall bear the cost costs of representing its own arbitrator designated member and its representation himself in the arbitral proceedings; the cost . The expenses of the Chairman and the remaining costs other general expenses shall be borne in equal parts by both shared equally between the Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shallshould, if possible, be settled by negotiations through consultations or negotiationsdiplomatic channels.
(2. ) If the a dispute cannot thus be thus settled within six months, following the date on which such negotiation were requested by either Contracting Party, it shall upon at the request of either Contracting Party be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Articletribunal.
(3. The ) Such Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint point one member of the Tribunal. These two The appointed members shall then select a national of a third State State, who on the approval of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")Tribunal. The Chairman shall be appointed within three two months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made to either Contracting Party may, in the absence of other agreements, invite the President of the International Court of Justice to make the necessary such appointments. If he happens to be the President is a national of either Contracting Party, Party or if he otherwise is otherwise prevented from discharging the said functionfunction , the Vice-President shall be invited to make the necessary appointments. If the Vice-President also happens to be is a national of either Contracting Party or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be bindingfinal and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator member of the Tribunal and of its representation in the arbitral proceedings; the cost costs of the Chairman and the remaining costs shall be borne in equal parts by Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be final and binding on both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, shall be settled amicably through consultations or negotiationsdiplomatic channels.
(2. ) If the dispute cannot be thus settled within six six(6) months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two two(2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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 three(3) months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 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 necessary 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 necessary 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 necessary appointments.
(5. ) The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal may, however, decide that a higher proportion of the costs shall be borne by one of the two Contracting Parties and this award shall be binding on both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 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, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. Disputes ) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if as far as possible, be settled through consultations or amicable negotiations.
(2. ) If the a dispute according to paragraph (1) cannot be thus settled within six months, months it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
(3. The Arbitral Tribunal ) Such arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party shall appoint one member of the Tribunal. These and these two members shall then select agree upon a national of a third State who on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")their chairman. The Chairman Such members shall be appointed within three two months from the date of appointment of one Contracting Party has informed the other Contracting Party, that it intends to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within two membersfurther months.
(4. ) If within the periods specified in paragraph 3 (3) are not observed, either Contracting Party may, in the absence of this Article the necessary appointments have not been madeany other relevant arrangement, a request may be made to invite the President of the International Court of Justice to make the necessary appointments. If he happens to be the President of the International Court of Justice is a national of either of the Contracting Party, Parties or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President also happens to be a national or in case of either Contracting Party or is prevented from discharging the said function, his inability the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall should be invited under the same conditions to make the necessary appointments.
(5) The tribunal shall establish its own rules of procedure. 976 BGBl. III - Ausgegeben am 19. Juli 2002 - Nr. 151
(6) The Arbitral Tribunal arbitral tribunal shall reach its decision in virtue of the present Agreement and pursuant to the generally recognized rules of international law. It shall reach its decision by a majority of votes. Such ; the decision shall be final and binding. .
(7) Each Contracting Party shall bear the cost costs of its own arbitrator member and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall tribunal may, however, in its award determine its own procedureanother distribution of costs.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, if possible, be settled through consultations or negotiationsdiplomatic channels.
2. If a dispute between the dispute Contracting Parties cannot be thus settled within after a period of six months(6) months from the date of beginning of negotiation, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of the Tribunal. These tribunal and the two members shall then select jointly, a third-arbiter from a national of a third State who on approval as Chairman of the tribunal. The two Contracting Parties members shall be appointed Chairman of within two (2) months, and the Tribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within three months (3) months, from the date of appointment of notification from one Party to the other two membersParty of its, intention to submit the dispute to an arbitral tribunal.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request either Contracting Party may be made to invite the President of the International lnternational Court of Justice to make the necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President also happens to be 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 as not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be bindingbinding on both Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in in, equal parts by both the Contracting Parties. The Arbitral Tribunal tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Arbitral. Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or and negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within With in two months of the receipt request of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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 from, the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made to the President of the International Court of Justice to make the necessary 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 necessary 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 Parry shall be invited to make the necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts parte by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiationsdiplomatic channels.
(2. ) If the dispute such disputes cannot thus be thus settled within six six(6) months, it shall shall, upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this ArticleTribunal.
(3. The ) Such an Arbitral Tribunal shall be constituted for each individual case in the following way. Within two two(2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These Those two members shall then select a national of a third State who on approval of by the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")Tribunal. The Chairman shall be appointed within three two(2) months from the date of appointment of the other two members.
(4. If ) If, within the periods period specified in paragraph 3 (3) of this Article Article, the necessary appointments have not been made, a request may be made to either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointmentsappointment. If the Vice-President also happens to be is a national of either Contracting Party or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The Tribunal shall determine its own procedure.
(6) The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be bindingbinding on both Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator member of the Tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that a higher proportion of costs shall determine its own procedurebe borne by one of the two Contracting Parties.
Appears in 2 contracts
Samples: Investment Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If a dispute between the dispute Contracting Parties cannot thus be thus settled within six months, it shall upon at the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each as follows:
a) Each Contracting Party shall appoint one member of the Tribunal. These member, and these two members shall then select a national of a third State who on approval of by the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman"). tribunal;
b) The Chairman said members shall be appointed within three months months, and the Chairman within four months, from the date of appointment of on which either Contracting Party shall have informed the other two membersContracting Party that it proposes to submit the dispute to an arbitral tribunal.
4. If If, within the periods specified in paragraph 3 of this Article Article, the necessary appointments have not been made, a request may be made to either Contracting Party may, in the absence of any other relevant agreement, invite the President of the International international Court of Justice to make the necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President also happens to be is a national of either Contracting Party or if he, too, is prevented from discharging the said function, 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. a) The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator final and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by binding on both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 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, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in in. equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled be.settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and Chairman.and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; : the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus so settled within six three(3) months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two two(2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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 three(3) months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made to the President of the International Court of Justice to make the necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal arbitral tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary appointments. If he the President happens to be a national of either Contracting Party, or if he the President 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, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal arbitral tribunal shall determine its own procedure.
Appears in 2 contracts
Samples: Investment Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, shall as far as possible by negotiations If this way the dispute can not be settled through consultations or within six months from the beginning of negotiations, at the written request of any Contracting Party, he referred to the arbitral tribunal to be set up in each case in the manner specified in paragraphs 2 and 3.
2. If Within three months from the dispute cannot be thus settled within six months, it shall upon the request date of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunalarbitral tribunal. These Then, these two members of the arbitral tribunal shall then select elect a national of a third State State, who on approval of the two Both Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as arbitral tribunal. Chairman of the "Chairman"). The Chairman arbitral tribunal shall be appointed within three two months from the date of appointment of the other two membersmembers of the arbitral tribunal.
43. If within the periods period specified in paragraph 3 2 of this Article Article, the necessary appointments have not been made, any Contracting Party in the absence of a written agreement may apply to the International Court of Justice with a request may be made to make such appointments. If the President of the International Court of Justice to make the necessary 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 necessary appointments. If the Vice-President also happens to be a national of either Contracting Party or is prevented from discharging otherwise unable to discharge the said function, then make the member necessary appointments invited the Deputy President of the International Court of Justice. If the deputy chairman of the International Court of Justice is also a national of either Contracting Party or is otherwise unable to discharge the said function, then make the necessary appointments offered to the next in seniority seniority-member International Court of Justice who is not a national of either Contracting Party shall be invited in respect of where there are no other reasons that do not allow him to make the necessary appointmentsfulfill this request.
54. The Arbitral Tribunal arbitral tribunal shall reach render its decision by a majority vote. The decision of votes. Such decision the arbitral tribunal shall be bindingfinal and binding on both Contracting Parties. Each Contracting Party shall bear the cost expenses related to the activities of the arbitral tribunal of its own arbitrator member and of its representation in the arbitral arbitration proceedings; costs associated with the cost arbitration court Chairman and other expenses The Contracting Parties shall bear in equal shares. The arbitral tribunal may, however, provide in its decision that one of the Chairman Contracting Parties shall bear a larger share of the costs, and the remaining costs shall decision will be borne in equal parts by binding on both Contracting Parties.
5. The Arbitral Tribunal Except for the provisions referred to in paragraphs 1-4 of this article, the arbitral tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, if possibleposible, be settled through consultations or negotiationsthe diplomatic channel.
(2. ) If a dispute between the dispute Contracting Parties cannot thus be thus settled within six (6) months, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with the provisions of this ArticleTribunal.
(3. ) The Arbitral arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two The appointed members shall then select a national of a third State who on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman"). The the Chairman shall be appointed within three two (2) months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made to either Contracting Party may, in the President absence of other agreements, invite the president of the International Court of Justice to make the necessary such appointments. If he happens to be the President is a national citizen of either Contracting Party, Party or if he otherwise is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President also happens to be is a national citizen 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 citizen 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 other agreements, invite the president of the International Court of Justice to make such appointments. If the President is a citizen of either Contracting Party or if he otherwise is prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a citizen 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 citizen of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be bindingbinding upon both Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshall be settled, if as far as possible, be settled through consultations or negotiations.
2negotiation between the two Contracting Parties. If the such a dispute cannot thus be thus settled within six monthsmoths after the commencement of the negotiations, it shall shall, upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal arbitral tribunal, in accordance with the provisions of this Article.
3. (2) The Arbitral Tribunal arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, : each Contracting Party shall appoint one member of arbitrator; the Tribunal. These two members arbitrators shall then select a national of a third State who on approval of by the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")tribunal. The Chairman arbitrators shall be appointed within three months from and the date of appointment Chairman within five months of the other two membersreceipt of the request for arbitration.
4. (3) If within any of the periods specified in paragraph 3 of this Article (2) the necessary appointments have not been made, a request either Contracting Party may be made to invite the President of the OF THE International Court of Justice to make the any necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the . The Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President also happens to be is a national of either Contracting Party or if he too is prevented from discharging the said function, function the member Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. (4) The Arbitral Tribunal arbitral tribunal shall reach its decision on the basis of the provisions of this Agreement and of other agreements concluded between the Contracting Parties as well as on the general principles and rules of international law. The decision shall be reached by a majority of votes. Such decision shall be final and binding. .
(5) Each Contracting Party shall bear the cost of its own the arbitrator it has appointed and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. .
(6) The Arbitral Tribunal arbitral tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it . It shall upon the request of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State who on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal 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.
4. If within the periods specified in 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 necessary 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 president shall be invited to make the necessary appointments. If the Vice-President 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; : the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if as far as possible, be settled through consultations or negotiationsamicable negociations.
(2. ) If the a dispute referred to in paragraph (1) cannot be thus settled within six months, months follwing the date on which such negotiations were requested by either Contracting Party it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
(3. The Arbitral Tribunal ) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. These Those two members shall then select a national of a third State who on approval of by the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")tribunal. The Chairman shall be appointed within three two months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made to either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-Vice- President also happens to be is a national of either Contracting Party or if he too is prevented from discharging the said function, the member Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The tribunal shall establish its own rules of procedure.
(6) The arbitral tribunal shall reach its decision according to the present Agreement and pursuant to the generally recognized rules of international law. The Arbitral Tribunal It shall reach its decision by a majority of votes. Such votes which decision shall be final and binding. .
(7) Each Contracting Party shall bear the cost costs of its own arbitrator member and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall tribunal may, however, in its award determine its own procedureanother distribution of costs.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application applica- tion of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with the provisions pro- visions 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State who on approval of the two Contracting Parties shall be appointed ap- pointed Chairman of the Tribunal (hereinafter referred to as the "Chairman"). The Chairman Chair- man shall be appointed within three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments ap- pointments have not been made, a request may be made to the President of the International Interna- tional Court of Justice to make the necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision deci- sion shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six nine months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal of three members, 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 from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State who on approval of the two Contracting Parties shall be appointed as the 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.
4. If within the periods specified in 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 necessary appointments. If he the President happens to be a national of either Contracting Party, or if he the President is otherwise prevented from discharging the said function, the Vice-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, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes.
6. Such The Tribunal shall issue its decision on the basis of respect for the law, the provisions of this Agreement, as well as of the universally accepted principles of international law.
7. Subject to other provisions made by the Contracting Parties, the Tribunal shall be bindingdetermine its procedure.
8. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman Chair and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own proceduremay make a different regulation concerning the costs.
9. The decisions of the Tribunal are final and binding for each Contracting Parties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties contracting parties concerning the interpretation or and application of this Agreement shall, if possible, shall be settled as far as possible through consultations or negotiationsdiplomatic channels.
2. If the dispute cannot be thus settled within a period of six months(6) months from the date on which such negotiations were requested by either contracting party, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal Such an arbitral tribunal shall be constituted for each individual case in the following way. Within (2) within two months following the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These these two members shall then select a national of a third State who on approval of the two Contracting Parties shall be appointed as Chairman of the Tribunal (hereinafter referred to as Tribunal. the "Chairman"). The Chairman shall be appointed within three four (4) months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article article the necessary appointments have not been made, a request may be made to either Contracting Party, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If he happens to be a national of either Contracting Party, or if he the President 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 debarred from discharging the said function, the said member of the International Court of Justice next in with more seniority who is not a national of either Contracting Party or is not disqualified for discharging the said functions shall be invited to make the necessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall make its award based on the provisions of this Agreement and with recognized principles of international law.
6. The arbitral tribunal shall reach its decision by a majority of votes. Such decision the decisions of the Tribunal shall be bindingfinal and binding on both contracting parties. Each each Contracting Party shall bear the cost of its own arbitrator the member appointed by that Contracting Party and of its representation in the arbitral proceedings; . both Contracting Parties shall assume equally the cost expenses of the Chairman and as well as any other costs. the remaining costs shall be borne Tribunal may make a different decision regarding the sharing of the costs. in equal parts by both Contracting Parties. The Arbitral Tribunal all other respects, the tribunal shall determine its own rules of procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal arbitral tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary appointments. If he the President happens to be a national of either Contracting Party, or if he the President is otherwise prevented from discharging the said function, the Vice-President Vice‑President shall be invited to make the necessary appointments. If the Vice-President Vice‑President 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 necessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal arbitral tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsdiplomatic channels.
(2. ) If the a dispute cannot be thus settled within six (6) months, it shall shall, upon the request of either Contracting Party Party, be submitted to an Arbitral 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 two(2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State State, who on approval of the two Contracting Parties parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairmanchairman"). The Chairman shall be appointed within three (3) months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made by either Contracting Party to the President president of the International Court of Justice to make the necessary appointments. If he happens to be a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointmentsappointment. 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 necessary appointments.
(5) The Tribunal shall decide the dispute according to this Agreement and to the principles of international law. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be bindingbinding on both Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost . The costs of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if as far as possible, be settled through consultations or negotiationsdiplomatic channels. Failing this, the dispute shall be referred to an ad hoc Joint Committee composed of the representatives of the Contracting Parties, which shall meet without delay at the request of the Contracting Party which has acted with the greatest diligence.
2. If the dispute ad hoc Joint Committee cannot be thus settled settle the dispute within six months(6) months of the start of negotiations, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with arbitration tribunal at the provisions request of this Articleone of the Contracting Parties.
3. The Arbitral Tribunal said tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of arbitrator, and the Tribunal. These two members arbitrators shall then select together appoint a third arbitrator, who shall be a national of a third State who on approval of the two Contracting Parties shall be appointed State, as Chairman of the Tribunal (hereinafter referred to as the "Chairman")tribunal. The Chairman arbitrators shall be appointed within two (02) months, the President within three (03) months from the date of appointment on which one of the Contracting Parties has notified the other two members.
4Contracting Party of its intention to submit the dispute to an arbitration tribunal. If within the periods specified time limits laid down in paragraph 3 of this Article the necessary appointments (3) above have not been madeobserved, a request may be made to either Contracting Party shall invite the President of the International Court of Justice to make the necessary appointments. If he happens to be a national the President of either the International Court of Justice possesses the nationality of one of the Contracting PartyParties, or if he is otherwise prevented from discharging the said functionholding that office, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President also happens to be is a national of either one of the Contracting Party Parties or if he is prevented from discharging the said functionholding office, the senior member of the International Court of Justice next in seniority who is not a national of either any of the Contracting Party Parties shall be invited to make the necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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 last appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, either Contracting Party may make a request may be made to the President of the International Court of Justice to make the necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Contracting. Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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-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, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall, if as far as possible, be settled through consultations or negotiationsnegotiations between the Contracting Parties.
2. If a dispute between the dispute Contracting Parties cannot thus be thus settled within six monthsmonths after the beginning of negotiations, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal Such an arbitral tribunal shall be constituted for each individual case ad hoc in the following way. : Within two months of from the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. These Those two members shall then select a national of a third State who on approval of by the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")tribunal. The Chairman shall be appointed within three two months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made to either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President also happens to be is a national of either Contracting Party or if he too is prevented from discharging the said function, the member Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal tribunal shall reach establish its own rules of procedure.
6. The arbitral tribunal reaches its decision on the basis of the provisions of this Agreement as well as the generally accepted principles and rules of international law. The arbitral tribunal reaches its decision by a majority of votes. Such decision shall be bindingfinal and binding on both Contracting Parties.
7. Each Contracting Party shall bear the cost costs of its own arbitrator member and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal arbitral tribunal shall determine its own proceduredecide on the final payment of the costs, taking into account the adjudication of the dispute and the responsibility for the occurrence of these costs.
Appears in 1 contract
Samples: Agreement on the Promotion and Mutual Protection of Investments
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary appointments. If he the President happens to be a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes All disputes which may arise between the Contracting Parties concerning the interpretation or and application of this Agreement shallshall be, if as far as possible, be settled through consultations or negotiationsamicably.
2. If the dispute Contracting Parties cannot be thus settled reach an agreement within six monthsmonths after the beginning of negotiations, it shall the dispute shall, upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. These Those two members shall then select a national of a third State country who on approval of by the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")tribunal. The Chairman shall be appointed within three two months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been mademade within the periods specified in Paragraph 3 of this Article, a request may be made to either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-Vice- President also happens to be is a national of either Contracting Consplotracting Party or if he is otherwise prevented from discharging the said function, the member Member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be bindingThe decisions of the tribunal are final and binding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own arbitrator member of the tribunal and of its representation in the arbitral proceedings; the cost . The costs of the Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties.
6. The Arbitral Tribunal Subject to the provisions of this Article, the tribunal shall determine its own procedure.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall, if possible, shall be settled as far as possible through friendly consultations or negotiationsby both Contracting Parties through diplomatic channels.
(2. ) If the dispute disputes cannot be thus settled within six monthsmonths from the beginning of the negotiations, it shall upon they shall, at the request of either Contracting Party Party, be submitted for settlement to an Arbitral Tribunal in accordance with the provisions of this Articlead hoc arbitral tribunal.
(3. The Arbitral Tribunal ) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the upon receipt of the request for arbitration, arbitration each Contracting Party shall appoint one member of the Tribunaltribunal. These Those two members shall then select a national of a third State who on approval of by the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")tribunal. The Chairman shall be appointed within three two months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made to 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 he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-Vice President shall be invited to make the necessary appointments. If the Vice-President also happens to be president is a national of either Contracting Party or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall determine its own procedure. The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be bindingfinal and binding upon the Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it . It shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State who on approval of ot 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; : the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. [Treedt in xxxxxxx op een xxxxx xx bepalen tijdstip]
o 1. Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shallthe present Agreement, if possible, be settled through consultations or negotiations.
2. If the dispute which cannot be thus settled within six monthsa reasonable lapse of time by means of diplomatic negotiations, it shall upon shall, unless the Parties have otherwise agreed, be submitted, at the request of either Contracting Party be submitted Party, to an Arbitral Tribunal in accordance with the provisions arbitral tribunal, composed of this Article.
3three members. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Each Party shall appoint one member arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of the Tribunal. These two members shall then select either Party and who is a national of a third State who on approval that has diplomatic relations with both Contracting Parties.
o 2. If one of the Parties fails to appoint its arbitrator and has not proceeded to do so within two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within three months after an invitation from the date of appointment of other Party to make such appointment, the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request latter Party may be made to invite the President of the International Court of Justice to make the necessary appointmentsappointment. The President shall consult both Parties and such consultations will take no longer than one month after this invitation to the President has been made.
o 3. If he happens the two arbitrators are unable to be 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.
o 4. If, in the cases provided for in the paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party, or if he is otherwise prevented from discharging the said 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, function or is a national of either Party the most senior member of the International Court of Justice next in seniority available who is not a national of either Contracting Party shall be invited to make the necessary appointments.
o 5. The Arbitral Tribunal tribunal shall decide on the basis of respect for the law. Before the tribunal decides, it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably. The foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Parties so agree.
o 6. Unless the Parties decide otherwise, the tribunal shall determine its own procedure.
o 7. The tribunal shall reach its decision by a majority of votes. Such decision shall be bindingfinal and binding on the Parties.
o 8. Each Contracting Party shall bear the cost costs of its own arbitrator member of the tribunal and of its representation in the arbitral proceedings; the cost arbitration proceedings and half of the Chairman 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 in equal parts by one of the two Parties, and this award shall be binding on both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Agreement on Encouragement and Reciprocal Protection of Investments
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning regarding the interpretation or and application of the provisions of this Agreement shall, if as far as possible, be settled through consultations or negotiations.
2. If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute cannot be thus settled within six monthsbetween them, upon request by either Contracting Party, it shall upon the request of either Contracting Party be submitted to an Arbitral arbitral Tribunal constituted in accordance with the provisions of this Article.
3. The Such an Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These Those two members shall then select a national of a third State who on approval of by the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")Tribunal. The Chairman shall be appointed within three four (4) months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made to either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary 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 Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
5. With regard to other provisions made by the Contracting Parties, the court shall determine its own rules and procedures.
6. The Arbitral Tribunal shall reach its decision on the basis of this Agreement and in accordance with international law applicable between the Contracting Parties. The court shall reach its decisions by a majority of votes.
7. Such decision The decisions of the court shall be bindingfinal and binding on both Contracting Parties.
8. Each Contracting Party shall bear the cost costs of its own arbitrator member of the court and its representation in the arbitral arbitration proceedings; the cost costs of the Chairman chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, if possible, be settled through consultations or negotiationsthe diplomatic channel.
(2. ) If a dispute between the dispute Contracting Parties cannot thus be thus settled within six (6) months, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with the provisions of this ArticleTribunal.
(3. ) The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two two(2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two The appointed members shall then select a national of a third State 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 two (2) months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made to either Contracting Party may, in the absence of other agreements, invite the President of the International Court of Justice to make the necessary such appointments. If he happens to be the President is a national citizen of either Contracting Party, Party or if he otherwise is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President also happens to be is a national citizen 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 citizen of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be bindingbinding upon both Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, if possibleposible, be settled through consultations or negotiationsthe diplomatic channel.
(2. ) If a dispute between the dispute Contracting Parties cannot thus be thus settled within six (6) months, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with the provisions of this ArticleTribunal.
(3. ) The Arbitral arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two The appointed members shall then select a national of a third State who on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman"). The the Chairman shall be appointed within three two (2) months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made to either Contracting Party may, in the President absence of other agreements, invite the president of the International Court of Justice to make the necessary such appointments. If he happens to be the President is a national citizen of either Contracting Party, Party or if he otherwise is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President also happens to be is a national citizen 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 citizen of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be bindingbinding upon both Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six nine months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal of three members, 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 from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State who on approval of the two Contracting Parties shall be appointed as the 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.
4. If within the periods specified in 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 necessary appointments. If he the President happens to be a national of either Contracting Party, or if he the President 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, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes.
6. Such The Tribunal shall issue its decision on the basis of respect for the law, the provisions of this Agreement, as well as of the universally accepted principles of international law.
7. Subject to other provisions made by the Contracting Parties, the Tribunal shall be bindingdetermine its procedure.
8. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman Chair and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own proceduremay make a different regulation concerning the costs.
9. The decisions of the Tribunal are final and binding for each Contracting Parties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If a dispute between the dispute canContracting Parties can not thus be thus settled within six months, it shall upon at the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, such an arbitral tribunal shall be constituted for each individual case as follows:
(a) Each Contracting Party shall appoint one member of the Tribunal. These member, and these two members shall then select a national of a third State who on approval of by the two Contracting Parties shall be appointed Chairman of the Tribunal tribunal
(hereinafter referred to as the "Chairman"). b) The Chairman shall be appointed within three two months from the date of appointment of the other two members.
4. If If, within the periods specified in paragraph 3 of this Article Article, the necessary appointments have not been made, a request may be made to either Contracting Party may, in the absence of any other relevant agreement, invite the President of the International Court of Justice to make the necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President also happens to be is a national of either Contracting Party or if he, too, is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. (a) The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear binding on both Parties.
(b) Subject to the power of the arbitral tribunal to give a different ruling concerning costs, the cost of its own arbitrator member and of its representation in the arbitral proceedings; proceedings shall be borne by each Contracting Party and the cost of the Chairman and the remaining costs shall be borne in equal parts by both the two Contracting Parties. The Arbitral Tribunal .
(c) In all respects other than those specified in subparagraphs (a) and (b) of this paragraph, the arbitral tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiationsthe diplomatic channels.
2. If the dispute cannot be thus settled within six monthsmonth, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months month of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be bindingbinding on both Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the both Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiationsdiplomatic channels.
(2. ) If the dispute such disputes cannot thus be thus settled within six six(6) months, it shall shall, upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this ArticleTribunal.
(3. The ) Such an Arbitral Tribunal shall be constituted for each individual case in the following way. Within two two(2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These Those two members shall then select a national of a third State who on approval of by the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")Tribunal. The Chairman shall be appointed within three two(2) months from the date of appointment of the other two members.
(4. If ) If, within the periods period specified in paragraph 3 (3) of this Article Article, the necessary appointments have not been made, a request may be made to either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointmentsappointment. If the Vice-Vice- President also happens to be is a national of either Contracting Party or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The Tribunal shall determine its own procedure.
(6) The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be bindingbinding on both Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator member of the Tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that a higher proportion of costs shall determine its own procedurebe borne by one of the two Contracting Parties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled amicably through consultations or negotiationsdiplomatic channels.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the both Contracting Parties. The Arbitral Tribunal may, however, decide that a higher proportion of the costs shall be borne by one of the two. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 11 . Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, if as far as possible, be settled through consultations or negotiationsnegotiation.
22 . If a dispute between the dispute Contracting Parties cannot thus be thus settled within six monthsmonths from the time the dispute arose, it shall upon the request of either Contracting Party be submitted to an Arbitral Tribunal in accordance with the provisions of this Articlearbitral tribunal.
33 . The Arbitral Tribunal 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, each Contracting Party shall appoint one member of the Tribunaltribunal. These Those two members shall then select a national of a third State who on approval of by the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")tribunal. The Chairman shall be appointed within three two months from the date of appointment of the other two members.
44 . If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made to 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 he happens to be a any national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-Vice- President shall be invited to make the necessary appointments. If the Vice-President also happens to be is a national of either Contracting Party or if he too is prevented from discharging the said function, the member Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
55 . The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes. Such decision decisions shall be bindingbinding on both Contracting Parties. Each Contracting Party shall bear the cost of its own arbitrator member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The Arbitral Tribunal tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary appointments. If he happens to be 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 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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 last appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, a request may be made to the President of the International Court of Justice to make the necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. (1. ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if as far as possible, be settled through consultations consultation or negotiationsdiplomatic channels.
(2. ) If the dispute cannot be thus so settled within six (6) months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two two(2) months of the receipt of the request for of arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. These two members shall then select a national of a third State country, 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 (3) months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made to the President of the International Court of Justice to make the necessary 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 necessary 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 necessary appointments.
(5. ) The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes, based on respect for the provisions of this Agreement, as well as universally accepted principles of international law. Such decision shall be final and binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiationsconsultation and negotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal may, however, decide that a higher proportion of the costs shall be borne by one of the two Contracting Parties and this award shall be binding on both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations or negotiations.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party be submitted to an Arbitral 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, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall, if possible, be settled amicably through consultations or negotiationsdiplomatic channels.
2. If the a dispute cannot be thus settled within six monthsa period, it shall of three months after written notification by either Contracting Party to the other Contracting Party, such a dispute shall, upon the request of either Contracting Party Party, be submitted to an ad hoc Arbitral Tribunal Tribunal, in accordance with the provisions of under this Article.
3. The Such Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of from the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These Those two members shall then select a national of a third Third State who on approval of the two Contracting Parties shall to be appointed as Chairman of the Tribunal (hereinafter referred to as the "Chairman")Tribunal. The Chairman shall be appointed within three months from after the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 (3) of this Article the necessary appointments have not been made, a request may be made to either Contracting Party may, in absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If he happens to be the President is a national of either Contracting Party, Party or if he is otherwise prevented from discharging the said function, the Vice-President of the Court shall be invited to make the necessary appointments. If the Vice-President also happens to be is a national of either Contracting Party or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be bindingbinding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own arbitrator member of the tribunal and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining costs shall be borne in equal parts by both the Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 necessary 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 necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne born in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shall, if as far as possible, be settled through consultations consultation or negotiationsthrough diplomatic channels.
2. If the dispute cannot be thus settled within six months, it shall upon shall, at the request of either Contracting Party Party, be submitted to an Arbitral Tribunal arbitral tribunal in accordance with the provisions of this Articlearticle.
3. The Arbitral Tribunal arbitral tribunal shall be constituted set up as follows for each individual case in the following waycase. Within (2) within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These these two members shall then select a national of a third State who on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the President "Chairman"). The the Chairman shall be appointed within three (3) months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this Article article the necessary appointments have not been made, a request may be made to the President on Thursday, 24 February 2011 Official Journal of the Republic of the Congo 303président of the International Court of Justice to make the necessary appointments. If if he happens to be a national of either Contracting Party, one of the contracting parties or if he is otherwise prevented from discharging carrying out the said function, the Vice-President shall be invited to make the necessary appointments. If if the Vice-President is also happens to be a national of either Contracting Party or is prevented from discharging carrying out the said function, the said member of the International Court of Justice next in seniority senior Higher who is not a national of either Contracting Party party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal arbitral tribunal shall reach take its decision by a majority of votes. Such such decision shall be binding. Each each Contracting Party shall bear the cost of its own arbitrator and its representation in the proceedings of the arbitral proceedings; tribunal, the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Partiesthe contracting parties XXXI. The Arbitral Tribunal the arbitral tribunal shall determine its own procedure.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. 1. Disputes Dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Contacting Party, be submitted to an Arbitral 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, arbitration each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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-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, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Contracting Party shall bear the cost of its own arbitrator and its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsnegotiation.
2. If the dispute cannot be thus settled within six months, it shall upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State 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.
4. If within the periods specified in 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 necessary 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 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, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The Arbitral Tribunal arbitration tribunal shall reach its decision on the basis of the provisions of this Agreement as well as of the generally accepted principles and rules of international law. The arbitration tribunal shall decide by a majority of votesvote. Such decision Its awards shall be bindingfinal and binding on both Contracting Parties. The tribunal shall establish its own procedure.
6. Each Contracting Party shall bear the cost expenses of its own arbitrator and of its representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman and the remaining costs expenses shall be borne in equal parts by both the Contracting Parties. The Arbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations consultation or negotiationsdiplomatic channels.
2. If the any dispute cannot be thus settled within six (6) months, it shall upon shall, at the request of either Contracting Party Party, be submitted to an ad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. The Such an Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two (2) months from the xxxx of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. These two members shall then select a national of a third State State, who on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman")Tribunal. The Chairman shall be appointed within three two (2) months from the date of appointment of the other two members.
4. If If, within the periods specified in paragraph 3 of this Article Article, the necessary appointments have not been made, a request may be made by either Contracting Party to the President of the International Internationa! Court of Justice to make the necessary such appointments. If he happens to be the President is a national of either cither Contracting Party, Party or if he is otherwise xxxxxx0.xx prevented from discharging the said function, the Vice-President VicePresident shall be invited to make the necessary appointments. If the Vice-President is also happens to be a national of either Contracting Party Parly 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. The Arbitral Tribunal shall reach its decision by a majority of votes. Such decision shall be bindingbinding on both Contracting Parties.
6. Each Bach Contracting Party shall bear the cost costs of its own arbitrator and its representation in the arbitral proceedings; the cost . The costs of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that a higher proportion of costs shall determine its own procedurebe borne by one of the two Contracting Parties.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultations by consultation or negotiationsnegotiation.
2. If the such a dispute cancan not be thus settled within resolved in this way Within six months, it shall upon at the request of either Contracting Party Party, be submitted to an the Arbitral Tribunal in accordance with the provisions of this Article.
3. The Arbitral Tribunal shall be constituted established for each individual case in the following wayas follows. Within two months after receiving an application for an arbitral award, each of the receipt of the request for arbitration, each Contracting Party Parties shall appoint one member of the Tribunalthis Court. These two members shall then select elect a national citizen of a third State who on State, who, after approval of by the two Contracting Parties shall Parties, will be appointed Chairman of the Tribunal Court (hereinafter referred to as the "Chairman"President). The Chairman shall chairman will be appointed within three months from the date of appointment of the other two members.
4. If within If, during any of the periods specified in paragraph 3 of this Article 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 necessary 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 will be invited to make the necessary appointments. If the Vice-President also happens to be it turns out that he is a national citizen of either Contracting Party or is prevented if other reasons prevent him from discharging fulfilling the said specified function, the Vice President will be invited to make the necessary appointments. If it turns out that the Vice-President is also a national of a State of either Contracting Party or can not perform this function, a member of the International Court of Justice next in Justice, following a seniority who is not a national of a State of either Contracting Party shall Party, will be invited to make the necessary appointments...
5. The Arbitral Tribunal shall reach its decision decisions by a majority of votes. Such decision shall decisions will be bindingbinding on the parties to the dispute. Each Contracting Party shall bear the cost costs of its own arbitrator members of the court and its representation in the arbitral arbitration proceedings; the cost The costs of the Chairman and the remaining costs shall be borne in equal parts by both the two Contracting Parties. The Arbitral Tribunal shall will determine its own procedure.
Appears in 1 contract