Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other diplomatic channels. 2. IIf the dispute has not been settled within six months from the date of the receipt of the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article. 3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one member, and the need to agree upon a national of a third country, the two members designated by the two Contracting Parties shall serve as President. These members shall be appointed within two months and the president within four months from the date of notification of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the dispute. 4. If the above appointments have not been made in the periods specified in paragraph 3 any Contracting Party shall invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, the next member in seniority of the International Court of Justice, who is not a citizen of a Contracting Party shall make the necessary appointments. 5. The decisions of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 7 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Any dispute arising between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other shall, as far as possible, be settled through diplomatic channels.
2. IIf the lf a dispute has cannot been be settled in this way within six months from the date of the receipt of (6) months, it shall, at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by of one of the Contracting Parties, each Contracting Party, in writing, be submitted to the other Contracting Party, may submit a petition to the an ad hoc arbitral tribunal in accordance with the following paragraphs of this Article.
tribunal. 3. The Arbitral Tribunal will be established as follows: This tribunal shall consist of three (03) arbitrators. Within two (2) months of receipt of the written notification requesting arbitration, each Contracting Party shall appoint one memberarbitrator. These two arbitrators shall, and the need to agree upon within two months, jointly select a national citizen of a third countrycountry having diplomatic relations with both Contracting Parties, the two members designated by the two Contracting Parties shall serve as President. These members shall be appointed within two months and the president within four months from the date of notification Chairman of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the disputearbitral tribunal.
4. If lf the above appointments have arbitral tribunal is not been made constituted within four (4) months of receipt in writing of the request for arbitration, either Contracting Party may, in the periods specified in paragraph 3 absence of any Contracting Party shall other agreement, invite the President of the International Court of Justice to make the necessary appointmentssuch appointments as it deems necessary. If the President is a citizen of one of the Contracting Parties or is otherwise prevented from exercising the said functions, the member of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, the next member in seniority of the International Court of Justice, who is not a citizen of a one of the Contracting Party Parties or is not otherwise prevented from exercising the said functions shall be invited to make the necessary appointmentssuch appointments as are deemed necessary.
5. The decisions of the arbitral tribunal Arbitral Tribunal shall be adopted by a majority vote. These decisions shall be made choose its own procedure and make its award in accordance with the rules provisions of this Agreement and with the universally recognized principles of the international law which are applicable, law.
6. The Arbitral Tribunal shall make its award by a majority of votes. The award shall be final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon tribunal may, at the request of one of the Contracting Parties, give reasons for its decision. Any dispute arising out of the interpretation or application of this Agreement shall, as far as possible, be resolved by consultation through the channel. Each Member Contracting Party shall bear the costs relating to the appointment of the arbitrators and its member designated by representation at the arbitral tribunal as well as its representation in the arbitral tribunalproceedings. The other costs relating to the President and the expenses of the President of the Court as well as the implementation of judicial proceedings are Tribunal shall be borne equally distributed between by the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 7 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement shall be settled as far as possible by negotiation or other diplomatic channelsnegotiations.
2. IIf the If a dispute has according to paragraph 1 of this Article cannot been be settled within six months from the date of the receipt of (6) months, it shall, upon the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each of either Contracting Party, in writing, be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs of this Articletribunal.
3. The Arbitral Tribunal will Such arbitral tribunal shall be established constituted on an ad hoc basis as follows: each Contracting Party shall appoint one member, arbitrator and the need to these two arbitrators shall agree upon a national of a third country, the two members designated State as their chairman to be appointed by the two Contracting Parties shall serve as PresidentParties. These members Such arbitrators shall be appointed within two months and the president within four (2) months from the date of notification of the arbitration court of one Contracting Party has informed the other Contracting Party, of its intention to submit the Contracting Party intends dispute to transfer an arbitral tribunal and the disputechairman shall be appointed within two (2) months following the appointment of the two arbitrators.
4. If the above appointments have not been made in the periods specified in paragraph 3 any of this Article are not observed, either Contracting Party shall may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President either of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party Parties or if he is otherwise prevented from discharging the said function, for any reason, the next Vice-President or in case of his inability the member in seniority of the International Court of Justice, who is not a citizen of a Contracting Party shall Justice next in seniority should be invited under the same conditions to make the necessary appointments.
5. The decisions tribunal shall establish its own rules of the procedure.
6. The arbitral tribunal shall be adopted reach its decision on the basis of the present Agreement and applicable rules of international law. It shall reach its decision by a majority vote. These decisions of votes; the decision shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Partiesbinding.
7. Each Member Contracting Party shall bear the costs of its own member designated by the arbitral tribunal as well as and of its legal representation in the arbitral tribunalarbitration proceedings. The other expenses costs of the President of chairman and the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the remaining costs shall be borne in equal parts by one both Contracting PartyParties. For all other casesThe tribunal may, the arbitration tribunal shall establish however, in its own procedureaward determine another distribution of costs.
Appears in 5 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Any dispute between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other shall be settled, as far as possible, between the Contracting Parties through diplomatic channels.
2. IIf If the dispute has cannot been be settled within six months from the date beginning of the receipt of negotiations, it shall be submitted to an ad hoc tribunal at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Articleeither contracting party.
3. The Arbitral Tribunal will arbitral tribunal shall be established constituted as follows: each Contracting Party shall appoint one member, arbitrator and the need to these two arbitrators shall agree upon a national of a third country, State to be appointed as Chairman of the two members designated by the two Contracting Parties shall serve as Presidenttribunal. These members The arbitrators shall be appointed within two three months and the president Chairman within four five months from the date of notification of the arbitration court of on which either Contracting Party has informed the other Contracting Party, Party of its intention to submit the Contracting Party intends dispute to transfer the disputean arbitral tribunal.
4. If within the periods fixed in paragraph (3) above appointments have not been made in the periods specified in paragraph 3 any respected, either Contracting Party shall invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one either Contracting Party, Party or if for any other reason cannot fulfill he is prevented to exercise this function, for any other reason, the Vice President of the International Court of Justice shall be invited for to make the appointmentnecessary appointments. If the Vice President of the International Court of Justice is a national of either one of the Contracting Party or if he is otherwise prevented from discharging the said to exercise this function, for any reason, the next member with most senior function in seniority of the International Court of Justice, who is not a citizen national of a the Contracting Party Parties, shall be invited to make the necessary appointments.
5. The decisions arbitral tribunal decides on the basis of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with the rules provisions of this Agreement and rules and principles of the international law which are applicable, law. The arbitral tribunal shall reach its decisions by a majority of voices. The decision shall be final and legally binding on for both Contracting Parties.
6. The Court's judgments are final and binding upon the Contracting Partiestribunal decides on its own procedure.
7. Each Member Contracting Party shall bear the costs fees of its member designated by the arbitral tribunal as well as arbitrator and its representation in the arbitral tribunalarbitration proceedings. The other expenses of Fee concerning the President of the Court as well as the implementation of judicial proceedings and other fees are equally distributed between borne in equal parts by the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 5 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. The Contracting Parties shall settle disputes ) Disputes concerning the interpretation or application of this Agreement by negotiation or other shall be settled, if possible, through diplomatic channels.
(2. IIf ) If, within six (6) months from the beginning of negotiations, the dispute has is not been settled settled, it shall, at the request of either Contracting Party, be submitted to an Arbitration Tribunal.
(3) The said tribunal shall be constituted ad hoc. Each Contracting Party shall appoint an arbitrator within six three (3) months from the date on which one of the receipt of the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to Parties has notified the other Contracting Partyof its intention to submit the dispute to arbitration. Within two (2) months of their appointment, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party two arbitrators shall appoint one member, and the need to agree upon designate by common agreement a national of a third country, the two members designated by the two Contracting Parties shall serve State to act as President. These members shall be appointed within two months and the president within four months from the date of notification chairman of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the disputearbitral tribunal.
(4. ) If the time-limits laid down in paragraph (3) above appointments have not been made observed, either Contracting Party shall, in the periods specified in paragraph 3 absence of any Contracting Party shall other agreement, invite the President of the International Court of Justice to make the necessary appointmentsdesignations. If the President of the International Court of Justice is a national of one or other Contracting Party, or if he is prevented for any other reason cannot fulfill this function, for any other reasonfrom exercising that office, the Vice Vice-President of the International Court of Justice shall be invited for make the appointmentnecessary appointments. If the Vice Vice-President of the International Court of Justice is a national of either one or other Contracting Party Party, or if for some other reason he is otherwise prevented from discharging the said function, for any reasonholding office, the next member in seniority most senior judge of the International Court of Justice, Justice who is not a citizen national of a one of the Contracting Party Parties shall make the necessary appointments.
(5. ) The Tribunal shall take its decision by a majority vote and shall itself determine its own rules.
(6) The Tribunal shall decide on the basis of respect for the principles of international law, the provisions of this Agreement, and national legislation.
(7) The decisions of the arbitral tribunal Tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon enforceable by operation of law for the Contracting Parties. It shall interpret the award at the request of either Contracting Party.
(8) Each Member Contracting Party shall bear the costs expenses of its member designated by arbitrator and advisers in the arbitral tribunal proceedings, as well as its representation in half of the arbitral tribunal. The other expenses of the President of the Court as well as Tribunal and of the implementation of judicial proceedings are equally distributed between the Contracting Partiesother expenses. NeverthelessThe Tribunal may, the arbitral tribunal may however, decide in its award that the a greater part proportion of the costs shall be borne by one Contracting Party. For all other caseseither party, and the award shall be binding on both parties.
(9) Except as provided above, the arbitration tribunal Tribunal shall establish its own rules of procedure.
Appears in 4 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall shall, as far as possible, settle disputes any dispute concerning the interpretation or application of this Agreement by negotiation through consultations or other diplomatic channels.
2. IIf If the dispute has not been settled within six (6) months from following the date of the receipt of the request for on which such negotiations consultations or other diplomatic channels, channels were requested by either Contracting Party and unless otherwise agreed by the Contracting PartiesParties otherwise agree in w'riting, each either Contracting PartyParty may, in writing, by written notice to the other Contracting Party, may submit a petition the dispute to the an ad hoc arbitral tribunal in accordance with the following paragraphs provisions of this Article.
3. The Arbitral Tribunal will arbitral tribunal shall be established constituted as follows: each Contracting Party shall appoint one member, and the need to these two members shall agree upon a national of a third countryState, the two members designated which maintains diplomatic relations W / X With both Contracting Parlies and who on approval by the two Contracting Parties Parlies, shall serve be appointed as PresidentChairman of the arbitral tribunal. These Such members shall be appointed within two months (2) months, and the president such Chairman within four months (4) months, from the date of notification of the arbitration court of on which either Contracting Parly has informed the other Contracting Party, the Contracting Party that it intends to transfer submit the disputedispute to an arbitral tribunal.
4. If the above appointments have not been made in the periods specified in paragraph 3 any (3) above have not been complied with, either Contracting Party shall may. in the absence of any other arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one either Contracting Party, Party or if for any other reason cannot fulfill this i f he is otherwise prevented from discharging the said function, for any other reason, the Vice Vice-President of the International Court of Justice shall be invited for inv ited to make the appointmentnecessary appointments. If the Vice Vice-President of the International Internationa] Court of Justice is a national of either Contracting Party or if he he, too, is otherwise prevented from discharging the said function, for any reason, the next member in seniority of the International Court of Justice, Justice next in seniority who is not a citizen national of a either Contracting Party Party' shall be invited to make the necessary appointments.
5. The decisions of the arbitral tribunal shall be adopted take its decision by a majority voteof votes. These decisions Such decision shall be made in accordance with the rules of this Agreement and such recognized rules of the international law which are applicable, as may be applicable and shall be final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Bach Contracting Parties. Each Member Party shall bear the costs of its own member designated by the arbitral tribunal as well as and of its representation in the arbitral tribunalarbitration proceedings. The other expenses of the President of the Court Chairman as well as any other costs of the implementation arbitration proceedings shall be borne in equal parts by the two Contracting Parties. However, the arbitral tribunal may, at its discretion, direct that a higher proportion or all of judicial proceedings are equally distributed between such costs be paid by one of the Contracting Parties. NeverthelessIn all other respects, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish determine its own procedure.
Appears in 4 contracts
Samples: Bilateral Investment Treaty, Investment Agreement, Bilateral Investment Treaty
Settlement of Disputes between the Contracting Parties. 1. The Disputes arising between the Contracting Parties shall settle disputes concerning regarding the interpretation or application of this Agreement by negotiation or other shall be settled, as far as possible, through direct diplomatic channelsnegotiations.
2. IIf Fn the absence of a settlement through diplomatic channels, the dispute has shall be submitted to a joint commission consisting of representatives of the two Contracting Parties; this commission shall convene without undue delay at the request of the first party to take action.
3. If the joint commission cannot been settled settle the dispute within six (6) months from the date of on which it was constituted, the receipt of latter shall be submitted, at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each of either Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral an arbitration tribunal in accordance with the following paragraphs of this Article.set up as follows for each individual case:
3. The Arbitral Tribunal will be established as follows: each a. Each Contracting Party shall appoint one memberarbitrator within a period of two months from the date on which either Contracting Party has informed the other Party of its intention to submit the dispute to arbitration. Within a period of two months following their appointment, and the need to agree upon these two arbitrators shall appoint by mutual agreement a national of a third country, the two members designated by the two state which is not a Contracting Party with which both Contracting Parties shall serve maintain diplomatic relations as President. These members shall be appointed within two months and the president within four months from the date of notification chairman of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the disputetribunal.
4. b. If the above appointments these time limits have not been made in the periods specified in paragraph 3 any complied with, either Contracting Party shall invite request the President of the International Court of Justice to make the necessary appointments. appointment(s).
c. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging of a State with which one of the said functionContracting Parties has no diplomatic relations or if, for any other reason, he cannot exercise this function, the next member in seniority Vice- President of the International Court of Justice, who is not a citizen of a Contracting Party Justice shall be requested to make the necessary appointmentsappointment(s).
4. The Tribunal thus constituted shall determine its own rules of procedure. Its decisions shall be taken by a majority of the votes; they shall be final and binding on the Contracting Parties. The Arbitration tribunal shall rule based on the provisions of this Agreement and principles of international law applicable to the subject matter.
5. The decisions Each of the arbitral tribunal Contracting Parties shall be adopted by a majority vote. These decisions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party shall equally bear the costs of its member designated by the arbitrators and the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Neverthelessproceeding, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedureunless otherwise established.
Appears in 3 contracts
Samples: Investment Promotion and Protection Agreement, Investment Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Any dispute between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement shall, as far as possible, be settled by negotiation or other consultations through diplomatic channels.
2. IIf the If a dispute has cannot been thus be settled within six (6) months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc arbitral tribunal.
3. Such arbitral tribunal comprises of three arbitrators. The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two months from the date (2) of the receipt of the request for such negotiations or other diplomatic channelsarbitration, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one member, and member of the need to agree upon Tribunal. These two members shall then select a national of a third countryState who, the two members designated by on approval of the two Contracting Parties Parties, shall serve be appointed Chairman of the Tribunal (hereinafter referred to as Presidentthe "Chairman"). These members The Chairman shall be appointed within two months and the president within four three (3) months from the date of notification of the arbitration court appointment of the other Contracting Party, the Contracting Party intends to transfer the disputetwo members.
4. If within the above periods specified m paragraph 3 of this Article the necessary appointments have not been made, a request may be made in the periods specified in paragraph 3 any by either Contracting Party shall invite to the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one either Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, the next member in seniority Vice-President of the International Court of JusticeJustice shall be invited to make the appointments. If the Vice-President of the International Court of Justice 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 citizen national of a either Contracting Party shall be invited to make the necessary appointments.
5. The decisions of the arbitral tribunal shall be adopted by a majority vote. These decisions determine its own procedure and shall be made reach its award in accordance with the rules provisions of this Agreement and the principles of the international law which are applicable, final and legally binding on recognized by both Contracting Parties.
6. The Court's judgments are final and binding upon the Contracting Partiesarbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding. Each Member Contracting Party shall bear the costs cost of its member designated by the arbitral tribunal as well as own arbitrator and its representation in the arbitral tribunal. The other expenses proceedings; the cost of the President of Chairman and the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the remaining costs shall be borne in equal parts by one both Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.Parties
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning regarding the interpretation or application of the provisions of this Agreement by negotiation or other shall be settled though the diplomatic channels.,
2. IIf If the dispute has Disputes referred to in paragraph 1 of this Article cannot been be amicably settled within a period of six months from the date of the receipt of on which a Contracting Party has submitted a request in writing it shall be referred, at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by of one of the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.Arbitration Tribunal
3. The Arbitral Arbitration Tribunal will shall be established as follows: set-up on an ad-hoc basis for each concrete case. Each Contracting Party shall appoint one memberarbitrator and these two arbitrators shall, and the need to agree upon by mutual consent, select a national of a third country, the two members designated by the two Contracting Parties shall serve State as PresidentChairman. These members The arbitrators shall be appointed within two months and the president within four months from the date of notification of the arbitration court of on winch one Contracting Party has notified the other Contracting Party, of its intention to refer the Contracting Party intends dispute to transfer the disputeArbitration Tribunal. The Chairman shall be appointed within a period of three months from that date.
4. If one of the above appointments have Contracting Parties has not been made in appointed its arbitrator and has not followed the periods specified in paragraph 3 any invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall invite be appointed upon the request of the latter Contracting Party by the President of the International Court of Justice to make the necessary appointmentsJustice,
5. If both arbitrators cannot reach an agreement as concerns the choice of the Chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice,
6. If, in the cases specified under paragraphs 4 and 5 of this Article, the President of the International Court of Justice is a national of one Contracting Party, prevented from carrying out the said function or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice he is a national of either Contracting Party Party, the appointment shall be made by the Vice President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, for any reasona national of either Contracting Party, the next member in seniority appointment shall be made by the most senior Judge of the International Court of Justice, who is not a citizen national of a either Contracting Party shall make the necessary appointmentsParty.
57. The Arbitration Tribunal shall decide by a majority of votes, and establish the procedure to be followed in its work.
8. The decisions of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on for both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties.
9. Each Member Contracting Party shall bear the costs of its member designated by the arbitral tribunal as well as arbitrator it has appointed and of its representation in the arbitral tribunalproceedings. The other expenses costs of the President of Chairman and the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the remaining costs shall be borne in equal parts by one the Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedureParties.
Appears in 3 contracts
Samples: Investment Promotion and Protection Agreement, Investment Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall settle disputes seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the interpretation or application of this Agreement by negotiation or other diplomatic channelsAgreement. In this regard, the Contracting Parties agree to engage in direct and meaningful negotiations to arrive at such solutions.
2. IIf the dispute has not been settled within six months from the date of the receipt of the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Each Contracting Parties, each Contracting Party, in writing, Party may offer to the other Contracting Party, may submit a petition to Party consultations on any question concerning the arbitral tribunal in accordance with the following paragraphs interpretation or application of this ArticleAgreement. The Contrasting Party which receives such a proposal must consider it with kindness and take all appropriate measures to facilitate the holding of consultations.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one member, and If the need to agree upon a national of a third country, the two members designated by the two Contracting Parties shall serve as President. These members shall be appointed cannot reach an agreement within two months and the president within four a period of six (6) months from the date of notification of the arbitration court disputes between them by the foregoing procedure, the disputes may be submitted, at the request of the other either Contracting Party, the Contracting Party intends to transfer the disputean arbitral tribunal of three members.
4. If the above appointments have not been made in the periods specified in paragraph 3 any Within two (2) months of receipt of a request, each Contracting Party shall invite appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the event either Contracting Party fails to appoint an arbitrator within the specified time, the other Contracting Xxxxx may request the President of the International Court of Justice to make the necessary appointmentsappointment.
5. If both arbitrators cannot reach an agreement about the choice of the Chairman within two (2) months after their appointment, the Chairman shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice.
6. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court.of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court who is not a national of either Contracting Party.
7. The tribunal shall have three (3) months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice is a national to designate rules of one Contracting Partyprocedure, or if for any other reason cannot fulfill this functiontaking into account generally recognized rules of international arbitral procedure.
8. Unless otherwise agreed, for any other reason, the Vice President all submissions shall be made and all hearings shall be completed within eight (8) months of the International Court date of Justice shall be invited for the appointment. If the Vice President selection of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging Chairman, and the said function, for any reason, tribunal shall render its decision within two (2) months after the next member in seniority date of the International Court final submissions or the date of Justicethe closing of the hearings, who whichever is not a citizen of a Contracting Party shall make the necessary appointments.
5later. The decisions of the arbitral tribunal shall reach its decisions, which shall be adopted final and binding, by a majority voteof votes. These decisions The arbitral tribunal shall be made render its decision on the basis of this Agreement and in accordance with the rules of this Agreement international law applicable between the Contracting Parties.
9. Expenses incurred by the Chairman, the other arbitrators, and other costs of the international law which are applicable, final and legally binding on both proceedings shall be paid for equally by the Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Neverthelessmay, the arbitral tribunal may however, for objective reasons, decide that the a greater part of the costs shall be borne paid by one or the other of the Contracting PartyParties.
10. For all other cases, the A dispute shall not be submitted to an international arbitration tribunal shall establish its own procedureunder the provisions of this Article, if a dispute on the same matter has been brought before another international, arbitration tribunal under the provisions of Article 10 and is still before the tribunal. This will not impair the engagement in direct and meaningful negotiations between both Contracting Parties.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application appli- cation of this Agreement by negotiation or other shall be settled through diplomatic channels.
2. IIf the If such a dispute has cannot been be thus settled within six (6) months from of the date of on which the receipt of dispute arose, it shall, at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each of either Contracting Party, in writing, be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs provisions of this Articlearticle.
3. The Arbitral Tribunal will An arbitral tribunal shall be established as followsfor each individual case in the following manner: within two (2) months of receipt of a written application for arbitration, each Contracting Party shall appoint one member, and member of the need to agree upon tribunal. Those two members shall then select a national of a third countryState who, the two members designated by on approval of the two Contracting Parties shall serve as President. These members States, shall be appointed chair of the tribunal (hereinafter “the Chair”). The Chair shall be ap- pointed within two months and the president within four three (3) months from the date of notification of the arbitration court appointment of the other Contracting Party, the Contracting Party intends to transfer the disputetwo members.
4. If the above appointments have not been made in within any of the periods specified in paragraph 3 any of this article the necessary appointments have not been made, either Contracting Party shall may, in the absence of an- other arrangement, invite the President of the International Court of Justice to make the any necessary appointments. If it becomes apparent that the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he there are other reasons preventing the President from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If it becomes apparent that the Vice-President is otherwise also a national of either Contracting Party or is prevented from discharging the said function, for any reason, the next member in seniority of the International Court of Justice, Justice next in seniority who is not a citizen national of a either Contracting Party shall be invited to make the necessary appointmentsappointments and may perform the said function without hin- drance.
5. The decisions of the arbitral tribunal shall be adopted reach its decisions by a majority voteof votes. These decisions Such deci- sions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both each Contracting Parties. The Court's judgments are final and binding upon the Contracting PartiesParty. Each Member Contracting Party shall bear the costs of its member designated by own members of the arbitral tribunal as well as and of its representation in the arbitral tribunal. The judicial proceedings; the costs related to the Chair and the other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne in equal parts by one both Contracting PartyParties. For all other cases, the arbitration The arbitral tribunal shall establish its own proceduredetermine which Contracting Party shall bear the higher proportion of costs.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall settle disputes seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the interpretation or application of this Agreement by negotiation or other diplomatic channelsAgreement. In this regard, the Contracting Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, upon the request of either Contracting Party, to an arbitral tribunal .
2. IIf the dispute has not been settled within six Within two months from the date of the upon receipt of the request for such negotiations or other diplomatic channelsa request, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one memberan arbitrator. The two arbitrators shall select a third arbitrator as Chairman, and the need to agree upon who is a national of a third country, State. In the two members designated by event either Contracting Party fails to appoint an arbitrator within the two Contracting Parties shall serve as President. These members shall be appointed within specified two months and the president within four months from the date of notification of the arbitration court of time, the other Contracting Party, the Contracting Party intends to transfer the dispute.
4. If the above appointments have not been made in the periods specified in paragraph 3 any Contracting Party shall invite may request the President of the International Court of Justice to make the necessary appointmentsappointment.
3. If both arbitrators cannot reach an agreement about the choice of the Chairman who should be a national of a third country which has diplomatic relations with both Contracting Parties, within two months after their appointment, the Chairman shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of one either Contracting Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if for any other reason cannot fulfill this function, for any other reasonhe is a national of either Contracting Party, the Vice appointment shall be made by the most senior member of the Court who is not a national of either Contracting Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice shall be invited for the appointment. If the Vice President to designate rules of the International Court procedure, taking into account generally recognized rules of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, the next member in seniority of the International Court of Justice, who is not a citizen of a Contracting Party shall make the necessary appointmentsinternational arbitral procedure.
56. The Arbitral Tribunal shall reach its decisions of taking into account the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with the rules provisions of this Agreement and , the principles of the international law which are applicable, final on this subject and legally binding on both the general principles of law as recognized by the Contracting Parties. The Court's judgments are Tribunal shall reach its decisions by a majority vote and shall determine its procedure.
7. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the date of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding upon the Contracting Parties. Each Member Party shall bear the costs binding, by a majority of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedurevotes.
Appears in 2 contracts
Settlement of Disputes between the Contracting Parties. 1. The Dispute between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other diplomatic channelsshall, as far as possible, be settled through negotiation.
2. IIf If a dispute between the dispute has Contracting Parties can not been thus be settled within six months from the date time the dispute arose, it shall upon request of either Contracting Party be submitted to an arbitral tribunal.
3. Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: arbitration each Contracting Party shall appoint one member, and member of the need to agree upon arbitral tribunal. Those two members shall then select a national of a third country, the two members designated state who on approval by the two Contracting Parties shall serve as Presidentbe appointed Chairman of the arbitral tribunal. These members The Chairman shall be appointed within two months and the president within four months from the date of notification of the arbitration court appointment of the other Contracting Party, the Contracting Party intends to transfer the disputetwo members.
4. If within the above periods specified in paragragh (3) of this Article the necessary appointments have not been made made, either Contracting Party may, in the periods specified in paragraph 3 absence of any Contracting Party shall other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonthe Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he is too prevented from discharging the said function, the next member in seniority of the International Court of Justice, Justice next in seniority who is not a citizen national of a either Contracting Party shall be invited to make the necessary appointments.
5. The decisions of the arbitral tribunal shall be adopted reach its decision by a majority voteof votes. These such decisions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding ad hoc arbitral tribunal shall, upon the request of either Contracting PartiesParty, explain the reasons of its award. The tribunal shall determine its own procedures.
6. Each Member Contracting Party shall bear the cost of its appointed arbitrator and of its representations in arbitral proceedings. The relevant costs of its member designated by the arbitral tribunal as well as its representation in chairman and the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the remaining costs shall be borne in equal parts by one the Contracting Party. For all other casesParties, unless otherwise decided by the arbitration tribunal shall establish its own proceduretribunal.
Appears in 2 contracts
Samples: Agreement on the Mutual Promotion and Protection of Investments, Mutual Promotion and Protection of Investments Agreement
Settlement of Disputes between the Contracting Parties. 1. The Any dispute between the Contracting Parties shall settle disputes concerning the interpretation or application of provisions of this Agreement by negotiation or other shall be settled through diplomatic channels.
2. IIf the If a dispute has cannot been thus be settled within six months, it shall, upon the request of either Contracting Party, be submitted to an ad hoc arbitral tribunal.
3. Such tribunal comprises of three arbitrators. Within two months from the date of on which wither Contracting Party receives the receipt of the request written notice requesting for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to arbitration from the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one memberarbitrator. Those two arbitrators shall, and the need to agree upon within further two months, together select a third arbitrator who is a national of a third country, the two members designated State which has diplomatic relations with both Contracting Parties. The third arbitrator shall be appointed by the two Contracting Parties shall serve as President. These members shall be appointed within two months and the president within four months from the date of notification Chairman of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the disputearbitral tribunal.
4. If the above appointments have arbitral tribunal has not been made constituted within four months from the receipt of the written notice requesting arbitration, either Contracting Party may, in the periods specified in paragraph 3 absence of any Contracting Party shall other agreement, invite the President of the International Court of Justice to make appoint the necessary appointmentsarbitrator(s) who has or have not yet been appointed. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonfunctions, the next most senior member in seniority of the International Court of Justice, Justice next in seniority who is not a citizen national of a either Contracting Party shall be invited to make the necessary appointmentsappointment(s).
5. The decisions of the arbitral tribunal shall be adopted by a majority votedetermine its own procedure. These decisions The arbitral tribunal shall be made reach its award in accordance with the rules provisions of this Agreement and the general principles of the international law which are applicable, law.
6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and legally binding on upon both Contracting Parties. The Court's judgments are final and binding ad-hoc arbitral tribunal shall, upon the request of either Contracting PartiesParty, explain the reasons of its award.
7. Each Member Contracting Party shall bear the costs of its member designated by the arbitral tribunal as well as appointed arbitrator and of its representation in the arbitral tribunalproceedings. The other expenses relevant costs of the President of Chairman and the Court as well as the implementation of judicial proceedings are equally distributed between tribunal shall be borne in equal parts by the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish 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. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement shall be settled as far as possible by negotiation or other diplomatic channelsnegotiations.
2. IIf the If a dispute has under paragraph 1 of this Article cannot been be settled within six (6) months from the date of the receipt of it shall upon the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the of either Contracting Parties, each Contracting Party, in writing, Party be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs of this Articlethree members.
3. The Arbitral Tribunal will Such arbitral tribunal shall be established constituted ad hoc as follows: each Contracting Party shall appoint one member, member and the need to these two members shall agree upon a national of a third country, the two members designated by the two Contracting Parties shall serve State as Presidenttheir chairman. These Such members shall be appointed within two months and the president within four (2) months from the date of notification of the arbitration court of one Contracting Party has informed the other Contracting PartyParty of its intention to submit the dispute to an arbitral tribunal, the Contracting Party intends to transfer the disputechairman of which shall be appointed within two (2) further months.
4. If the above appointments have not been made in the periods specified in paragraph 3 any of this Article are not observed, either Contracting Party shall may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President either of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party Parties or if he is otherwise prevented from discharging the said function, for any reason, the next Vice-president or in case of his inability the member in seniority of the International Court of Justice, who is not a citizen Justice next in seniority according to the Rules of a Contracting Party shall the Court should be invited under the same conditions to make the necessary appointments.
5. The decisions of the arbitral tribunal shall be adopted by a majority voteestablish its own rules of procedure unless the Contracting Parties decide otherwise.
6. These decisions The arbitral tribunal shall be made reach its decision in accordance with the rules virtue of this Agreement and pursuant to the rules of international law. It shall reach its decision by a majority of votes; the international law which are applicable, decision shall be final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Partiesbinding.
7. Each Member Contracting Party shall bear the costs of its own member designated by the arbitral tribunal as well as and of its legal representation in the arbitral tribunalarbitration proceedings. The other expenses costs of the President of chairman and the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the remaining costs shall be borne in equal parts by one both Contracting PartyParties. For all other casesThe tribunal may, the arbitration tribunal shall establish however, in its own procedureaward determine another distribution of costs.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The All disputes arising between the Contracting Parties shall settle disputes concerning relating to the interpretation or and application of this Agreement by negotiation or other diplomatic channels.
2shall, in the first place, be settled amicably through consultations and negotiations. IIf the dispute has In case of disagreement cannot been be settled within six months from the date of the receipt start of the request for such negotiations or other diplomatic channelsdispute, either Contracting Party may, subject to its laws and unless otherwise agreed by the Contracting Partiesregulations, each Contracting Party, in writing, while sending a notice to the other Contracting Party, may submit a petition refer the case to an Arbitral Tribunal of three members consisting of two arbitrators appointed by the arbitral tribunal in accordance with the following paragraphs of this Article.
3Contracting Parties. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one member, and the need to agree upon a national of a third country, the two members designated arbitrators appointed by the two Contracting Parties shall serve as Presidentappoint a Chairman within sixty days after the last arbitrator is appointed. These members shall be If either Contracting Party is unable to appoint an arbitrator within the specified period, or if the arbitrators appointed within two months and the president within four months from the date of notification of the arbitration court of the other Contracting Party, by the Contracting Party intends Parties are unable to transfer appoint a Chairman within the dispute.
4. If the above appointments have not been made in the periods specified in paragraph 3 any period, either Contracting Party shall may invite the President of the International Court of Justice to make the necessary appointments. If The Chairman must be a national of a third State having diplomatic relations with both Contracting Parties at the time of the appointment.
2. In the events the Chairman is appointed by the International Court of Justice, if the President of the International Court of Justice is a national of one Contracting Party, prevented from carrying out the said function or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonParty, the next member in seniority appointment shall be made by the Vice-President of the International Court of Justice, and if the Vice-President is also prevented from carrying out the said function or he is a national of either Contracting Party, the appointment shall be made by the senior member of the said court who is not a citizen national of a either Contracting Party shall make the necessary appointmentsParty.
53. Taking all other conditions that Contracting Parties have agreed to; the Tribunal shall lay down its own procedures and determine the place of arbitration.
4. The decisions of the arbitral tribunal Arbitration Tribunal shall be adopted by rule with a majority vote. These vote and its decisions shall be made in accordance with final and binding on both Contracting Parties. Both Contracting Parties shall pay the rules costs of this Agreement their own arbitration and of their representative at the international law which are applicablehearings. The costs of the Chairman and any other costs shall be divided equally between the Contracting Parties. In any case, the Tribunal will decide on its own that a higher proportion of the costs will be paid by one of the Contracting Parties and this decision shall be final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party Arbitration Tribunal shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish lay down its own procedureprocedures.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. ) The Contracting Parties shall shall, as far as possible, settle disputes concerning any dispute relating to the interpretation or and application of this Agreement by negotiation through consultations or other diplomatic channels.
(2. IIf ) If the dispute has is not been settled within six months from of the date of the receipt of the request for requesting such negotiations consultations or other diplomatic channels, and unless otherwise agreed channels by either of the Contracting Parties, each and unless the Contracting PartyParties agree in writing to the contrary, in writing, then either Contracting Party may by written notification to the other Contracting Party, may submit a petition the dispute to the an arbitral tribunal established for this purpose in accordance with the following paragraphs provisions of this Articlearticle.
(3. ) The Arbitral Tribunal will arbitral tribunal shall be established formed as follows: each Each of the Contracting Party Parties shall appoint one member, member and the need to agree upon these two members shall approve a national citizen of a third country, country to be the president of the arbitral tribunal established by the Contracting Parties. These two members designated by the two Contracting Parties shall serve as President. These members shall be are appointed within two months months, and the president within four months from the date of notification to either of the arbitration court of Contracting Parties to the other Contracting Party, the Contracting Party intends of its intention to transfer the disputesubmit a dispute to an arbitration court.
(4. ) If the above appointments have not been made in the periods specified in paragraph 3 any above are not observed, then either Contracting Party shall may, in the absence of any other arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national citizen of one either of the two Contracting PartyParties, or if for any other reason cannot fulfill this functionhe finds an impediment to the performance of the said mission, for any other reason, he shall ask the Vice Vice-President of the International Court of Justice shall be invited for to make the appointmentnecessary appointments. If the Vice Vice-President of the International Court of Justice is a national citizen of either of the two Contracting Party Parties, or if he is otherwise prevented from discharging finds an impediment to his performance of the said functionmentioned task, for any reason, the next then a member in seniority of the International Court of Justice, Justice who comes next in seniority who is not a citizen of a either of the Contracting Party shall Parties is required to make the necessary appointments.
(5. ) The decisions of the arbitral tribunal arbitration court shall be adopted take its decision by a majority vote. These decisions This decision shall be made taken in accordance with this agreement and the accepted and applicable rules of this Agreement international law, and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are it shall be final and binding upon for each of the Contracting Parties. Each Member Party of the Contracting Parties shall bear the costs fees of its the member designated by of the arbitral tribunal appointed by that Contracting Party, as well as the fees of its representation in the arbitral tribunalprocedures. The other expenses of As for the President of the Court president's fees, as well as any other costs related to the implementation arbitration procedures, they shall be borne equally by both Contracting Parties. However, the arbitral tribunal may, at its discretion, allocate a greater part or all of judicial proceedings are equally distributed between the costs to be paid by either of the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs The Arbitral Tribunal shall be borne by one Contracting Party. For determine its procedures in relation to all other cases, the arbitration tribunal shall establish its own procedurematters.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall settle disputes seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the interpretation or application of this Agreement by negotiation or other diplomatic channelsAgreement. In this regard, the Contracting Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, upon the request of either Contracting Party, to an arbitral tribunal of three members.
2. IIf the dispute has not been settled within six Within three months from the date of the receipt of the request for such negotiations or other diplomatic channelsa request, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one memberan arbitrator. The two arbitrators shall select a third arbitrator as Chairman, and the need to agree upon who is a national of a third countryState. In the event either Contracting Party fails to appoint an arbitrator within the specified time, the two members designated by the two Contracting Parties shall serve as President. These members shall be appointed within two months and the president within four months from the date of notification of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the dispute.
4. If the above appointments have not been made in the periods specified in paragraph 3 any Contracting Party shall invite may request the President of the International Court of Justice to make the necessary appointmentsappointment.
3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out. the said function or if he is a national of one either Contracting Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if for any other reason cannot fulfill this function, for any other reasonhe is a national of either Contracting Party, the Vice appointment shall be made by the most senior member of the Court who is not a national of either Contracting Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such an agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account the generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited for the appointment. If the Vice President made and all hearings shall be completed within eight months of the International Court date of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, the next member in seniority selection of the International Court Chairman, and the tribunal shall render its decision within three months after the date of Justicethe closing of the hearings or the final submissions, who is not a citizen of a Contracting Party shall make the necessary appointmentswhichever occurs later.
57. The decisions of the arbitral tribunal shall be adopted reach its decision by a majority voteof votes. These decisions Such decision shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties.
8. The Court's judgments are final Each Contracting Party shall bear the cost of its own member of the tribunal and binding upon of its representations in the tribunal arbitral proceedings; the cost of the chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. Each Member Party shall bear the costs The tribunal may, however, in its decision direct that a higher proportion of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one of the two Contracting PartyParties.
9. For all other casesA dispute shall not be submitted to an international arbitration court under the provisions of this Article, if the dispute in the same manner has been brought before arbitration tribunal shall establish its own procedurecourt under the provisions of Article 8 and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Contracting Parties.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement shall be settled as far as possible by negotiation or other diplomatic channelsnegotiation.
2. IIf the If a dispute has according to paragraph 1 of this Article cannot been be settled within six (6) months from the date of the receipt of it shall, upon the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each of either Contracting Party, in writing, be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs of this Articletribunal.
3. The Arbitral Tribunal will Such arbitral tribunal shall be established constituted ad hoc as follows: each Contracting Party shall appoint one member, arbitrator and the need to these two arbitrators shall agree upon a national of a third country, the two members designated by the two Contracting Parties shall serve State as Presidenttheir chairman. These members Such arbitrators shall be appointed within two months and the president within four (2) months from the date of notification of the arbitration court of one Contracting Party has informed the other Contracting Party, of its intention to submit the Contracting Party intends dispute to transfer an arbitral tribunal, the disputechairman of which shall be appointed within two (2) further months.
4. If the above appointments have not been made in the periods specified in paragraph 3 any of this Article are not observed, either Contracting Party shall may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President either of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party Parties or if he is otherwise prevented from discharging the said function, for any reason, the next Vice-President or in case of his inability the member in seniority of the International Court of Justice, who is not a citizen of a Contracting Party shall Justice next in seniority should be invited under the same conditions to make the necessary appointments.
5. The decisions of the arbitral tribunal shall be adopted establish its own rules of procedure.
6. The arbitral tribunal shall reach its decision in virtue of the present Agreement and pursuant to the rules of international law. It shall reach its decision by a majority voteof votes. These decisions The decision shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Partiesbinding.
7. Each Member Contracting Party shall bear the costs of its member designated by the arbitral tribunal as well as own arbitrator and of its legal representation in the arbitral tribunalarbitration proceedings. The other expenses costs of the President of chairman and the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the remaining costs shall be borne in equal parts by one both Contracting PartyParties. For all other casesThe tribunal may, the arbitration tribunal shall establish however, in its own procedureaward determine another distribution of costs.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement shall be settled as far as possible by negotiation or other diplomatic channelsnegotiations.
2. IIf the If a dispute has according to paragraph 1 of this Article cannot been be settled within six (6) months from of the date of the receipt of the request for on which such negotiations or other diplomatic channels, and unless otherwise agreed were requested in writing by the Contracting Parties, each either Contracting Party, in writing, it shall at the request of either Contracting Party be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs of this Article.tribunal
3. The Arbitral Tribunal will Such arbitral tribunal shall be established constituted ad hoc as follows: each Contracting Party shall appoint one member, arbitrator and the need to these two arbitrators shall agree upon a national of a third country, the two members designated by the two Contracting Parties shall serve State as Presidenttheir chairman. These members Such arbitrators shall be appointed within two months and the president within four three (3) months from the date of notification of the arbitration court of one Contracting Party has informed the other Contracting Party, of its intention to submit the Contracting Party intends dispute to transfer an arbitral tribunal, the disputechairman of which shall be appointed within three (3) further months.
4. If the above appointments have not been made in the periods specified in paragraph 3 any of this Article are not observed, either Contracting Party shall may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President either of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, the next Vice-President or in case of his inability the member in seniority of the International Court of JusticeJustice next in seniority, who is not a citizen of a Contracting Party shall should be invited under the same conditions to make the necessary appointments.
5. The decisions tribunal shall establish its own rules of the procedure.
6. The arbitral tribunal shall be adopted reach its decision in virtue of the present Agreement and pursuant to the rules of international law. It shall reach its decision by a majority vote. These decisions of votes; the decision shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Partiesbinding.
7. Each Member Contracting Party shall bear the costs of its own member designated by the arbitral tribunal as well as and of its legal representation in the arbitral tribunalarbitration proceedings. The other expenses costs of the President of chairman and the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the remaining costs shall be borne in equal parts by one both Contracting PartyParties. For all other casesThe tribunal may, the arbitration tribunal shall establish however, in its own procedureaward determine another distribution of costs.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The ) Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other diplomatic channelsshall be settled through negotiation.
2. IIf ) If the dispute has between the Contracting Parties cannot been be settled within six months from the date commencement of the receipt of the request for such negotiations or other diplomatic channelsnegotiations, and unless otherwise agreed by the either Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, Party may submit a petition the dispute to the arbitral an arbitration tribunal in accordance with the following paragraphs consisting of this Articlethree members.
3. ) The Arbitral Tribunal will arbitral tribunal shall be established constituted as follows: each Each Contracting Party shall appoint one memberarbitrator. The two appointed arbitrators shall appoint the President of the tribunal, and the need to agree upon who shall be a national of a third country, the two members designated by the two Contracting Parties shall serve as Presidentstate. These members The arbitrators shall be appointed within two three months and the president President of the tribunal within four five months from of the date of notification of the arbitration court of by either Contracting Party to the other Contracting Party, Party of the Contracting Party intends request to transfer submit the disputedispute to arbitration.
4. If ) IIf either Contracting Party fails, within the above appointments have not been made in the periods period specified in paragraph 3 any Contracting Party (3) of this Article, to appoint an arbitral tribunal, or if the two arbitrators fail to agree on the appointment of the President, the Parties shall invite request the President of the International Court of Justice to make the necessary appointmentsappointment. If the President of the International Court of Justice is a national of one either Contracting Party, or if for any other reason cannot fulfill this function, for any other reasonthey are otherwise prevented from performing said task, the Vice President of the International Court of Justice shall be invited for make the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is they are otherwise prevented from discharging the performing said function, for any reasontask, the next most senior member in seniority of the International Court of Justice, who is not a citizen of a Contracting Party Justice shall make the necessary appointmentsappointment.
5. The decisions of ) When considering a dispute, the arbitral tribunal shall be adopted apply the provisions of the present Agreement, as well as other agreements in force between the Contracting Parties and the rules of international law.
6) The tribunal shall decide by a majority vote. These of votes, and its decisions shall be made in accordance with the rules of this Agreement binding and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Partiesfinal. Each Member Contracting Party shall bear the costs cost of its member designated by own arbitrator and its representative, while the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the remaining costs shall be borne in equal parts by one both Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedureParties.
Appears in 1 contract
Samples: Agreement for the Reciprocal Promotion and Protection of Investments
Settlement of Disputes between the Contracting Parties. 1. The Any dispute between the Contracting Parties shall settle disputes concerning the regarding interpretation or application of this Agreement by negotiation or other shall be settled, as far as possible, between the Contracting Parties through diplomatic channels.
2. IIf If the dispute has cannot been be settled within six months from the date beginning of the receipt of negotiations, it shall be submitted to an arbitral tribunal at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each of either Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will arbitral tribunal shall be established constituted as follows: each Contracting Party shall appoint one memberarbitrator, and the need to these two arbitrators shall agree upon a national of a third country, State to be appointed as Chairman of the two members designated by the two Contracting Parties shall serve as Presidenttribunal. These members The arbitrators shall be appointed within two three months and the president Chairman within four five months from the date of notification of the arbitration court of on which either Contracting Party has informed the other Contracting Party, Party of its intention to submit the Contracting Party intends dispute to transfer the disputean arbitral tribunal.
4. If the above appointments have not been made in within the periods specified in paragraph 3 any (3) of this Article the necessary appointments have not been made, either Contracting Party shall may invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one of the Contracting Party, Parties or if for any other reason cannot fulfill this he is otherwise prevented from discharging the said function, for any other reason, the Vice President of the International Court of Justice shall be invited for to make the appointmentnecessaRy appointments. If the Vice President of the International Court of Justice is a national of either one of the Contracting Party Parties or if he is otherwise also prevented from discharging the said function, for any reason, the next member in seniority of the International Court of Justice, Justice next in seniority who is not a citizen national of a the Contracting Party Parties shall be invited to make the necessary appointments.
5. The decisions of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with rule on the rules basis of the provisions of this Agreement and rules and principles of the international law which are applicable, law. The tribunal shall reach its decision by a majority of votes. The decision shall be final and legally binding on both Contracting Parties.
6. The Court's judgments are final and binding upon the Contracting Partiestribunal shall determine its own procedure.
7. Each Member Contracting Party shall bear the costs of its member designated by arbitrator and its representation to the arbitral tribunal as well as its representation in the arbitral tribunalproceedings. The other expenses cost of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the Chairman and any other costs shall be borne in equal parts by one the Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedureParties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning regarding the interpretation or application of the provisions of this Agreement by negotiation or other shall be settled through diplomatic channels.
2. IIf If a dispute between the dispute has Contracting Parties cannot been thus be settled within six months from after the date beginning of the receipt negotiations, it shall, upon request of the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each either Contracting Party, in writing, be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs of this Article.
3three members. The Arbitral Tribunal will be established as follows: each Each Contracting Party shall appoint one memberarbitrator, and the need to agree upon these two arbitrators shall appoint a chairman who shall be a national of a third country, State.
3. If one of the two members designated by the two Contracting Parties shall serve as President. These members shall be has not appointed within two months its arbitrator and has not followed the president within four months from the date of notification of the arbitration court invitation of the other Contracting PartyParty to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party intends to transfer by the disputePresident of the International Court of Justice.
4. If the above appointments have appointment of a chairman has not been made in within two months after the periods specified in paragraph 3 any appointment of the two arbitrators, either Contracting Party shall may invite the President of the International Court of Justice to make the necessary appointmentsappointment of a chairman.
5. If If, in the cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is a national of one Contracting Party, prevented from carrying out the said function or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented or if he is otherwise prevented from discharging the said function, for any reasona national of either Contracting Party, the next member in seniority appointment shall be made by the most senior Judge of the International Court of Justice, who is not a citizen national of a either Contracting Party.
6. Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The tribunal reaches its decision on the basis of the provisions of the present agreement and of the general principles and rules of international law. Furthermore each Contracting Party shall make bear the necessary appointmentscost of the arbitrator it has appointed and of its representation in the arbitral proceedings. The cost of the chairman and the remaining costs shall be borne in equal parts by the Contracting Parties unless agreed otherwise.
57. The decisions of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one for each Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. The ) Disputes between the Contracting Parties shall settle disputes concerning the interpretation Interpretation or application of this Agreement by negotiation or other diplomatic channelsshall, as far as possible, be settled amicably through negotiations.
(2. IIf ) If a dispute between the dispute has Contracting Parties cannot been be settled within six months, it shall upon the request of either Contracting Party be submitted to an adhoc Arbitration Tribunal as provided in this Article.
(3) The Arbitration Tribunal shall consist of three arbitrators. Within two months from the date of the receipt of the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Partiesarbitration, each of the two Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party parties shall appoint one member, arbitrator and the need to agree upon a national of a third country, the within two members designated by months from then the two Contracting Parties shall serve as President. These members appoint a third arbitrator who shall be appointed within two months and the president within four months from the date of notification Chairman of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the disputeTribunal.
(4. ) If the above appointments have not been made in within the periods specified in paragraph 3 any (3) of this Article the necessary appointments have not been made, either Contracting Party shall invite may, in the absence of any other agreement, ask the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party Parties or if he is otherwise prevented from discharging the said function, for any reasonthe Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of one of the Contracting Parties or if he is prevented from discharging the said function, the next member in seniority Member of the International Court of Justice, Justice next in seniority who is not a citizen national of a either Contracting Party shall be invited to make the necessary appointments.
(5. ) The decisions of the arbitral tribunal Arbitration Tribunal shall be adopted reach its decision by a majority voteof votes. These Such decisions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Each Contracting Parties. Each Member Party shall bear pay the costs of its member designated by own arbitrator and of its representative at the arbitral tribunal as well as its representation in the arbitral tribunalhearings. The other expenses cost of the President of the Court as well as the implementation of judicial proceedings are Chairman and any other costs shall be divided equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs The Arbitration Tribunal shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish lay down its own procedureprocedures.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall settle disputes seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the interpretation or application of this Agreement by negotiation or other diplomatic channelsAgreement. In this regard, the Contracting Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, upon the request of either Contracting Party, to an arbitral tribunal.
2. IIf the dispute has not been settled within six Within two months from the date of the upon receipt of the request for such negotiations or other diplomatic channelsa request, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one memberan arbitrator. The two arbitrators shall select a third arbitrator as Chairman, and the need to agree upon who is a national of a third country, State. In the two members designated by event either Contracting Party fails to appoint an arbitrator within the two Contracting Parties shall serve as President. These members shall be appointed within specified two months and the president within four months from the date of notification of the arbitration court of time, the other Contracting Party, the Contracting Party intends to transfer the dispute.
4. If the above appointments have not been made in the periods specified in paragraph 3 any Contracting Party shall invite may request the President of the International Court of Justice to make the necessary appointmentsappointment.
3. If both arbitrators cannot reach an agreement about the choice of the Chairman who should be a national of a third country which has diplomatic relations with both Contracting Parties, within two months after their appointment, the Chairman shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of one either Contracting Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if for any other reason cannot fulfill this function, for any other reasonhe is a national of either Contracting Party, the Vice appointment shall be made by the most senior member of the Court who is not a national of either Contracting Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. The Arbitral Tribunal shall be invited for reach its decisions taking into account the appointment. If the Vice President provisions of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonthis Agreement, the next member in seniority principles of the International Court of Justice, who is not a citizen of a Contracting Party shall make the necessary appointments.
5. The decisions of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final on this subject and legally binding on both the general principles of law as recognized by the Contracting Parties. The Court's judgments are Tribunal shall reach its decisions by a majority vote and shall determine its procedure.
7. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the date of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding upon binding, by a majority of votes.
8. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Contracting Parties. Each Member Party shall bear The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties.
9. NeverthelessA dispute shall not be submitted to an international arbitration court under the provisions of this Article, if the arbitral tribunal may decide that same dispute has been brought before another international arbitration court under the greater part provisions of Article VIII and is still pending before said court. This will not impair the costs shall be borne by one engagement in direct and meaningful negotiations between both Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedureParties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Any dispute between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other shall as far as possible, be settled through diplomatic channels.
2. IIf the Where a dispute has cannot been be settled in this way within six months from the date beginning of the receipt of negotiations, it shall be submitted, at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, of either contracting party to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs of this Articletribunal.
3. The Arbitral Tribunal will arbitral tribunal shall be established constituted ad hoc as follows: each Contracting Party shall appoint one member, arbitrator and the need to agree upon two arbitrators shall select a national of a third country, State as Chairman of the two members designated by the two Contracting Parties shall serve as Presidentarbitral tribunal. These members The arbitrators shall be appointed within two three months and the president Chairman within four five months from the date of notification receipt of the arbitration court notice of the other Contracting Party, the Contracting Party intends to transfer the disputearbitration.
4. If the above appointments have not been made in within the periods specified in paragraph 3 any (3) of this Article the necessary appointments have not been made, either Contracting Party shall may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise unable for any reason to carry out those functions, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he is also prevented from discharging carrying out the function, the said function, for any reason, the next member in seniority of the International Court of JusticeJustice immediately next in seniority, and who is not a citizen national of a either Contracting Party shall be invited to make the necessary appointments.
5. The decisions of the arbitral tribunal shall be adopted decide on the basis of respect for the Law, the provisions of this Agreement as well as the principles of international law.
6. The tribunal shall determine its own procedure. It will interpret the award at the request of either Contracting Party. The tribunal shall reach its decision by a majority voteof votes. These decisions such decision shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon on the Contracting Partiesparties.
7. Each Member Contracting Party shall bear the costs cost of its member designated by own arbitrator and its representation. the arbitral tribunal as well as its representation in costs related to the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the Chair and any remaining costs shall be borne in equal parts by one the Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedureParties.
Appears in 1 contract
Samples: Bilateral Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other should, as far as possible, be settled through diplomatic channels.
2. IIf If a dispute between the dispute has Contracting Parties can not been thus be settled within six months from the date time the dispute arose, it shall, upon the request of either Contracting Party, be submitted to an arbitral tribunal consisting of three members.
3. Such an arbitral tribunal shall be constituted for each individual case in the following way:
(a) Within three months of receipt of the request for such negotiations or other diplomatic channelsarbitration, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one member, and the need to agree upon arbitrator respectively. Those two members shall then select a national of a third countryState which has diplomatic relations with both Contracting Parties, the two members designated who on approval by the two Contracting Parties shall serve as Presidentbe appointed Chairman of the tribunal. These members The Chairman shall be appointed within two months and the president within four three months from the date of notification of the arbitration court appointment of the other Contracting Party, the Contracting Party intends to transfer the disputetwo arbitrators.
4. (b) If within the above period specified in subparagraph (a) the necessary appointments have not been made made, either Contracting Party may, in the periods specified in paragraph 3 absence of any Contracting Party shall other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one either Contracting Party, or if for any other reason cannot fulfill this he is otherwise prevented from discharging the above function, for any other reason, the Vice Vice-President of the International Court of Justice shall be invited for to make the appointmentnecessary appointments. If the Vice President of the International Court of Justice VicePresident is a national of either Contracting Party or if he too is otherwise prevented from discharging the said function, above function for any other reason, the next member in seniority Member of the International Court of Justice, Justice next in seniority who is not a citizen national of a either Contracting Party shall be invited to make the necessary appointments.
54. The arbitral tribunal shall adopt its decision based upon the provisions of this Agreement and other agreements concluded between the Contracting Parties as well as generally accepted principles, procedures and rules of international law. The arbitral tribunal shall reach its decision by a majority of votes. The arbitral tribunal shall determine its own procedure. The decisions of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon both of the Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement shall be settled as far as possible by negotiation or other diplomatic channelsnegotiations.
2. IIf the If a dispute has under paragraph I of this Article cannot been be settled within six months from the date of the receipt of it shall upon the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the of either Contracting Parties, each Contracting Party, in writing, Party be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs of this Articlethree members.
3. The Arbitral Tribunal will Such arbitral tribunal shall be established as follows: each constituted ad hoc. Each Contracting Party shall appoint one member, member and the need to these two members shall agree upon a national of a third country, the two members designated by the two Contracting Parties shall serve State as Presidenttheir chairman with whom both countries have a diplomatic relation. These Such members shall be appointed within two months and the president within four months from the date of notification of the arbitration court of one Contracting Party has informed the other Contracting PartyParty of its intention to submit the dispute to an arbitral tribunal, the Contracting Party intends to transfer the disputechairman of which shall be appointed within two further months.
4. If the above appointments have not been made in the periods specified in paragraph 3 any of this Article are not observed, either Contracting Party shall may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President either of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party Parties or if he is otherwise prevented from discharging the said function, for any reason, the next Vice-president or in case of his inability the member in seniority of the International Court of Justice, who is not a citizen Justice next in seniority according to the Rules of a Contracting Party shall the Court should be invited under the same conditions to make the necessary appointments. The appointed judge should be a national of a State that has diplomatic relations with the Contracting parties.
5. The decisions of the arbitral tribunal shall be adopted by a majority voteestablish its own rules of procedure unless the Contracting Parties decide otherwise.
6. These decisions The arbitral tribunal shall be made reach its decision in accordance with the rules virtue of this Agreement and pursuant to the rules of international law. It shall reach its decision by a majority of votes; the international law which are applicable, decision shall be final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Partiesbinding.
7. Each Member Contracting Party shall bear the costs of its own member designated by the arbitral tribunal as well as and of its legal representation in the arbitral tribunalarbitration proceedings. The other expenses costs of the President of chairman and the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the remaining costs shall be borne in equal parts by one both Contracting PartyParties. For all other casesThe tribunal may, the arbitration tribunal shall establish however, in its own procedureaward determine another distribution of costs.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall settle disputes Disputes between the contracting parties concerning the interpretation or application of this Agreement by negotiation or other shall be settled as far as possible through consultations through diplomatic channels.
2. IIf the If any dispute has cannot been be settled within six months from the date of the receipt of (6) months, at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each of either Contracting Party, in writing, be submitted to the other Contracting Party, may submit a petition to the an ad hoc arbitral tribunal in accordance with the following paragraphs provisions of this Articlearticle.
3. The Arbitral Tribunal will Such an arbitral tribunal shall be established as followsconstituted for each individual case in the following way: within two (2) months from the date of receipt of the request for arbitration, each Contracting Party shall appoint one member, and member of the need to agree upon Tribunal. these two members shall select a national of a third country, the two members designated by State who on approval of the two Contracting Parties shall serve as Presidentbe appointed Chairman of the Tribunal. These members the Chairman shall be appointed within two months and the president within four (2) months from the date of notification of the arbitration court appointment of the other Contracting Party, the Contracting Party intends to transfer the disputetwo members.
4. If the above necessary appointments have not been made in within the periods specified in paragraph 3 any above, either Contracting Party shall invite may request the President of the International Court of Justice to make the necessary such appointments. If if the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging exercising such function otherwise, the said function, Vice-President shall be requested to make such appointments. if the Vice-President is also a national of either Contracting Party or is prevented from exercising this function for any another reason, it shall request the next member in seniority of the International Court of Justice, Justice to continue in seniority who is not a citizen national of a either of the Contracting Party shall Parties to make the necessary appointments.
5. The decisions of the arbitral tribunal shall be adopted take its decisions by a majority voteof votes. These decisions such decision shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Partiescontracting parties.
6. The Court's judgments are final and binding upon the Contracting Partiesarbitral tribunal shall determine its own procedure.
7. Each Member Contracting Party shall bear the costs of its member designated by the arbitral tribunal as well as own arbitrator and those arising from its representation in the arbitral tribunalproceedings. The other expenses the costs related to the Chair of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal and any other resulting expenditure shall be shared equally by the contracting parties. the arbitral tribunal shall determine its own procedure. the Tribunal may decide however, in its decision that the greater part a higher proportion of the direct costs shall be borne by one Contracting Party. For all other cases, of the arbitration tribunal shall establish its own proceduretwo contracting parties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall settle disputes seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the interpretation or application of this Agreement by negotiation or other diplomatic channelsAgreement. In this regard, the Contracting Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, upon the request of either Contracting Party, to an arbitral tribunal of three members.
2. IIf Such an Arbitral Tribunal shall be constituted for each individual case in the dispute has not been settled within six following way. Within two (2) months from the date of the receipt of the request for such negotiations or other diplomatic channelsarbitration, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one member, and member of the need to agree upon Tribunal. Those two members shall then select a national of a third country, the two members designated State who on approval by the two both Contracting Parties shall serve be appointed as Presidentthe Chairman of the Tribunal. These members The Chairman shall be appointed within two months and the president within four (4) months from the date of notification of the arbitration court appointment of the other two members.
3. If both arbitrators cannot reach an agreement about the choice of the Chairman within four (4) months after their appointment, the Chairman shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the VicePresident, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Contracting Party intends to transfer Party, the disputeappointment shall be made by the most senior member of the Court who is not a national of either Contracting Party.
45. If The tribunal shall have three (3) months from the above appointments have not been made in date of the periods specified in paragraph 3 any Contracting Party selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall invite request the President of the International Court of Justice to make the necessary appointmentsdesignate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. If the President Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the International Court date of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President selection of the International Court of Justice Chairman, and the tribunal shall be invited for render its decision within two (2) months after the appointment. If the Vice President date of the International Court of Justice is a national of either Contracting Party final submissions or if he is otherwise prevented from discharging the said function, for any reason, the next member in seniority date of the International Court closing of Justicethe hearings, who whichever is not a citizen of a Contracting Party shall make the necessary appointments.
5later. The decisions of the arbitral tribunal shall reach its decisions, which shall be adopted final and binding, by a majority voteof votes.
7. These decisions The Arbitral Tribunal shall be made in accordance with reach its decision on the rules basis of this Agreement and of the in accordance with international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon applicable between the Contracting Parties.
8. Each Member Contracting Party shall bear the costs of the member appointed by that Contracting Party and of its member designated by representation at the arbitral tribunal proceedings. Both Contracting Parties shall assume an equal share of the cost of the Chairman, as well as its representation in other common costs.
9. A dispute shall not be submitted to an international arbitration tribunal under the arbitral provisions of this Article, if a dispute on the same matter has been brought before another international arbitration tribunal under the provisions of Article 11 and is still before the tribunal. The other expenses of However, this will not impair the President of the Court as well as the implementation of judicial proceedings are equally distributed engagement in direct and meaningful negotiations between the both Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes arising between the Contracting Parties shall settle disputes concerning on the interpretation or application of this Agreement by negotiation or other shall, as far as possible, be settled through diplomatic channels.
2. IIf If the dispute has Contracting Parties do not been settled reach agreement within six months from the date of the receipt start of negotiations, the dispute shall be submitted, at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each of either Contracting Party, in writing, to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs of this Articletribunal.
3. The Arbitral Tribunal will arbitral tribunal provided for in paragraph 2 of this article shall be established on an ad hoc basis as follows: each Contracting Party shall appoint one memberan arbitrator within three months of receipt of Dispute to the arbitral tribunal. Both arbitrators, and the need to agree upon a national of a third country, the two members designated by the two Contracting Parties shall serve as President. These members shall be appointed within two months and months, by common accord shall propose a third-country national as the president within four months from the date of notification chairman of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the disputearbitral tribunal.
4. If the above appointments have not been made time limits set out in the periods specified preceding paragraph are not observed, both Contracting Parties may, in paragraph 3 the absence of any Contracting Party shall invite other provision, request the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is prevented or is a national of one either Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice Vice-President of the International Court of Justice shall be invited for the appointmentrequired to make such appointments. If the Vice President latter is also prevented or is a national of one of the Contracting Parties, the member of the International Court of Justice shall be requested to continue in the hierarchy that makes the appointments, provided that such member is not a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, the next member in seniority of the International Court of Justice, who is not a citizen of a Contracting Party shall make the necessary appointmentsParty.
5. The decisions of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with decide on the rules basis of the law, the provisions of this Agreement and the principles of the applicable international law which are applicable, law. The arbitral tribunal shall decide by majority vote. Their sentences shall be final and legally binding on enforceable for both Contracting Parties. The Court's judgments are final and binding upon the Contracting Partiesarbitral tribunal shall define its own rules of procedure.
6. Each Member Contracting Party shall bear the expenses of the respective arbitrator, as well as their representation in the arbitration proceedings. Both Contracting Parties shall bear the costs of its member designated by the arbitral tribunal as well as its representation in President and the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial arbitration proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedurein equal parts.
Appears in 1 contract
Samples: Bilateral Investment Agreement
Settlement of Disputes between the Contracting Parties. (1. The ) Any dispute arising between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other Agreement, as far as possible, be settled through diplomatic channels.
(2. IIf ) If a dispute between the dispute has Contracting Parties cannot been be settled in this way within six months from after the date beginning of negotiations, the dispute shall be submitted, at the request of either Contracting Party to an arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted in the following way. Within three months of the receipt of a written, by a Contracting Party of the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting PartyParty to submit the dispute to an arbitration tribunal, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one member, and member of the need to agree upon Tribunal. These two members shall select a national of a third country, State who shall be appointed Chairman of the two members designated by the two Contracting Parties shall serve as PresidentTribunal. These members The Chairman shall be appointed within two months and the president within four months from the date of notification of the arbitration court appointment of the other Contracting Party, the Contracting Party intends to transfer the disputetwo members.
(4. ) If the above appointments have not been made in within the periods specified in paragraph 3 any (3) of this article shall not make the necessary appointments, either Contracting Party shall may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one of the Contracting PartyParties or, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonthe Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either of the Contracting Parties or if he is found also prevented from discharging the function, the next said member in seniority of the International Court of Justice, Justice who is next in order of precedence and is not a citizen national of a 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 a decision shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the costs of the member of the Tribunal and of its representation in the arbitral proceedings. The decisions cost of the Chairman and the remaining costs shall be borne in principle in equal parts by the Contracting Parties. However, the arbitral tribunal shall determine its decision that a higher proportion of costs be adopted borne by a majority voteone of the two Contracting Parties. These decisions The award shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon tribunal shall determine its own procedure unless the Contracting Parties. Each Member Party Parties decide otherwise.
(6) The arbitration tribunal shall bear deliver its opinion on the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses basis of the President of the Court as well as the implementation of judicial proceedings are equally distributed rules contained in this Agreement or in other agreements in force on this matter between the Contracting Parties. Nevertheless, and on the arbitral tribunal may decide that the greater part universally recognized principles of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedureInternational Law.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement shall be settled as far as possible by negotiation or other diplomatic channelsnegotiations.
2. IIf the If a dispute has according to paragraph 1 of this Article cannot been be settled within six months from the date of the receipt of (6) months, it shall, upon the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each of either Contracting Party, in writing, be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs of this Articletribunal.
3. The Arbitral Tribunal will Such arbitral tribunal shall be established constituted on an ad hoc basis as follows: each Contracting Party shall appoint one member, arbitrator and the need to these two arbitrators shall agree upon a national of a third country, the two members designated State as their chairman to be appointed by the two Contracting Parties shall serve as PresidentParties. These members Such arbitrators shall be appointed within two months and the president within four (2) months from the; the date of notification of the arbitration court of one Contracting Party has informed the other Contracting Party, of its intention to submit the Contracting Party intends dispute to transfer an arbitral tribunal and the disputechairman shall be appointed within two (2) months following the appointment of the two arbitrators.
4. If the above appointments have not been made in the periods specified in paragraph 3 any of this Article are not observed, either Contracting Party shall may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President either of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party Parties or if he is otherwise prevented from discharging the said function, for any reason, the next Vice- President or in case of his inability the member in seniority of the International Court of Justice, who is not a citizen of a Contracting Party shall Justice next in seniority should be invited under the same conditions to make the necessary appointments.
5. The decisions tribunal shall establish its own rules of the procedure.
6. The arbitral tribunal shall be adopted reach its decision on the basis of the present Agreement and applicable rules of international law. It shall reach its decision by a majority vote. These decisions of votes; the decision shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Partiesbinding.
7. Each Member Contracting Party shall bear the costs of its own member designated by the arbitral tribunal as well as and of its legal representation in the arbitral tribunalarbitration proceedings. The other expenses costs of the President of chairman and the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the remaining costs shall be borne in equal parts by one both Contracting PartyParties. For all other casesThe tribunal may, the arbitration tribunal shall establish however, in its own procedureaward determine another distribution of costs.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall settle disputes Any dispute concerning the interpretation or application of this Agreement by negotiation or other shall be settled as far as possible through diplomatic channelschannels between the contracting parties.
2. IIf the dispute has not been settled If within six months from the date time when it was raised by either contracting party, the dispute is not settled, it shall be submitted, at the request of either contracting party to an arbitral tribunal.
3. The arbitral tribunal referred to in paragraph 2 above shall be imposed on an ad hoc basis, on a case-by-case basis, in the following manner: within three months of the receipt of the written request for such negotiations or other diplomatic channelsarbitration, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one membermember of the arbitration court. these two Members shall designate, and the need to agree upon within two months, a third member who shall be a national of a third country. with the agreement of both contracting parties, the two members designated by latter shall assume the two Contracting Parties shall serve as President. These members shall be appointed within two months and the president within four months from the date of notification chair of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the disputearbitration.
4. If Where an arbitral tribunal is not constituted within the above appointments have not been made time limits provided for in the periods specified in paragraph 3 any preceding paragraph, either Contracting Party shall invite may, in the President absence of any other agreement, have recourse to the International Court of Justice and request the President to make the necessary appointments. If if the President of the International Court of Justice is a national of one Contracting Party, either party or if for any other reason cannot fulfill this function, for any other reasonprevented from discharging his or her duties, the Vice Vice-President of the International Court of Justice shall be invited for requested to make the appointmentappointments. If in the Vice President of the International Court of Justice is event that it also prove to be a national of either Contracting Party or if he is otherwise prevented from discharging unable to perform this task, request that the said functionappointment be addressed, for any reasonthis time, in the next member first in seniority authority - Member of the International Court of Justice, Justice who is are not a citizen nationals of a either of the Contracting Party shall make the necessary appointmentsParties.
5. The decisions of the arbitral arbitration tribunal shall be adopted by a majority vote. These take its decisions shall be made in accordance with the rules provisions of this Agreement and in conformity with the principles and rules of international law as accepted. decisions of the international law which are applicable, arbitration shall be taken by a majority of votes. they shall be final and legally binding on duty to both Contracting Parties. The Court's judgments are final and binding upon the Contracting PartiesTribunal shall establish its own rules of procedure.
6. Each Member Contracting Party shall bear the costs of its own member designated by the arbitral tribunal as well as and of its representation participation in the arbitral tribunal. The other expenses work of the President arbitration. the cost of the Court as well as Chairman and the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part remaining costs of the costs arbitration shall be borne in equal parts by one Contracting Party. For all other casesthe two sides, unless the arbitration tribunal shall establish its own procedurecourt decides otherwise.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Any dispute between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement shall, as far as possible, be settled by negotiation or other diplomatic channels.means. Failing this, the dispute shall be submitted to an ad hoc joint committee made up of representatives of the Contracting Parties; this committee shall meet without delay at the request of the earliest Contracting Party,
2. IIf If the ad hoc Joint Committee is unable to settle the dispute has not been settled within six (06) months from the date of the receipt start of negotiations, it shall be submitted to an arbitration tribunal at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by of one of the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will said tribunal shall be established constituted as follows: each Contracting Party shall appoint one memberan arbitrator, and the need to agree upon two arbitrators shall together appoint a third arbitrator, who shall be a national of a third countryState, as President of the two members designated by the two Contracting Parties shall serve as Presidenttribunal. These members shall The arbitrators must be appointed within two three (3) months, the Chairman within five (5) months and the president within four months from of the date of notification on which one of the arbitration court of Contracting Parties has notified the other Contracting Party, Party of its intention to submit the Contracting Party intends dispute to transfer the disputean arbitration tribunal.
4. If the time limits laid down in paragraph (3) above appointments have not been made in the periods specified in paragraph 3 any observed, either Contracting Party shall invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national possesses the nationality of one of the Contracting PartyParties, or if for any other reason cannot fulfill he is prevented from exercising this function, for any other reason, the Vice Vice-President of the International Court of Justice shall be invited for to make the appointmentnecessary appointments. If the Vice Vice-President possesses the nationality of one of the International Court of Justice Contracting Parties or is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonexercising his functions, the next most senior member in seniority of the International Court of Justice, who is not a citizen national of a one of the Contracting Party Parties, shall be invited to make the necessary said appointments.
5. The decisions arbitral tribunal shall rule on the basis of the arbitral provisions of this Agreement and the rules and principles of International Law. The decision of the tribunal shall be adopted by a majority voteof votes. These decisions It shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon on the Contracting Parties.
6. The court sets its own rules of procedure.
7. Each Member Contracting Party shall bear the costs of its member designated by the arbitral tribunal as well as its arbitrator and his representation in the arbitral tribunalarbitration proceedings. The other expenses costs of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the Chairman and other costs shall be borne equally by one the Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedureParties.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or and application of this Agreement by negotiation or other diplomatic channels.
2shall be settled through negotiations. IIf If so the dispute has will not been be settled within six months from the date of the receipt of its occurrence, then at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each of either Contracting Party, in writing, to the other Contracting Party, may submit a petition it shall be referred to the arbitral tribunal in accordance with the following paragraphs of this Articletribunal.
32. The Arbitral Tribunal will arbitral tribunal shall be established as follows: constituted for each individual case. The Contracting Party Parties shall appoint one membermember of the court, and the need to agree upon a as well as co-national of a third country, State as chairman of the two court. The members designated by of the two Contracting Parties shall serve as President. These members Court shall be appointed within two months and the president chairman of the court - within four three months from the date of notification when one of the arbitration court Contracting Parties declares its intention to submit the dispute to an arbitral tribunal.
3. If specified in the second paragraph of this article the terms are not observed, in the absence of any other Contracting Partyagreement, the either Contracting Party intends to transfer the dispute.
4. If the above appointments have not been made in the periods specified in paragraph 3 any Contracting Party shall invite the President of may request the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, make such appointments will be invited to the next member in seniority Deputy Chairman of the International Court of Justice. If the Vice-President of the International Court of Justice is a national of either Contracting Party or is otherwise prevented from discharging the said function, make an appointment will be offered next in seniority of the member of the International Court of Justice who is not a citizen national of a either Contracting Party.
4. The arbitral tribunal shall render its decision by majority vote. Such decision shall be binding. Each Contracting Party shall make bear the necessary appointments.
5expenses related to the activities of its designated member of the court; costs associated with the chairman of the court activity, and other expenses The Contracting Parties shall bear in equal shares. The decisions of For all other matters the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Any dispute between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other shall be settled, as far as possible, through diplomatic channels. Failing this, the dispute shall be submitted to an ad hoc joint committee composed of the representatives of the Contracting Parties; The latter shall meet without delay at the request of the most diligent Contracting Party.
2. IIf If the ad hoc Joint Committee can not settle the dispute has not been settled within six (6) months from the date beginning of the receipt of negotiations, it shall be submitted to an arbitral tribunal at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by of one of the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will Such tribunal shall be established constituted as follows: each Contracting Party shall appoint one memberarbitrator, and the need to agree upon two arbitrators shall jointly designate a third arbitrator, who shall be a national of a third countryState, as President of the two members designated by the two Contracting Parties shall serve as Presidenttribunal. These members The arbitrators shall be appointed within two months and three (3) months, the president President within four five (5) months from the date of notification on which one of the arbitration court of Contracting Parties notified the other Contracting Party, Party of his To submit the Contracting Party intends dispute to transfer the disputean arbitral tribunal.
4. If the time limits laid down in paragraph (3) above appointments have not been made in the periods specified in paragraph 3 any complied with, either Contracting Party shall invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national has the nationality of one of the Contracting PartyParties, or if for any other reason cannot fulfill he is prevented from exercising this function, for any other reason, the Vice Vice-President of the International Court of Justice shall be invited for to make the appointmentnecessary appointments. If the Vice Vice-President has the nationality of one of the Contracting Parties or if he is prevented from exercising his mandate, the most senior member of the International Court of Justice who is not a national of either Party Contracting Party or if he is otherwise prevented from discharging the said functionParties, for any reason, the next member in seniority of the International Court of Justice, who is not a citizen of a Contracting Party shall be invited to make the necessary such appointments.
5. The decisions arbitral tribunal shall decide on the basis of the arbitral provisions of this Agreement and of the rules and principles of international law. The decision of the tribunal shall be adopted by a majority voteof votes. These decisions It shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon on the Contracting Parties. Each Member Contracting Party shall apply this decision in accordance with its laws and regulations.
6. The tribunal shall determine its own rules of procedure.
7. Each Contracting Party shall bear the costs expenses of its member designated by the arbitral tribunal as well as arbitrator and of its representation in the arbitral tribunalarbitration proceedings. The other expenses costs of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the and other costs shall be borne equally by one the Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedureParties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. (1. The ) Any dispute between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other shall be settled, to the extent possible, through diplomatic channels.
(2. IIf the ) Where a dispute has cannot been be settled by diplomatic means within six (6) months from the date of the receipt commencement of negotiations, it shall, at the request for such negotiations or other diplomatic channelsof either contracting party, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal;
(3) The arbitral tribunal shall be constituted ad hoc in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as followsmanner: each Contracting Party shall appoint one member, an arbitrator and the need to agree upon two (2) arbitrators shall choose a national of a third country, State as Chairman of the two members designated by the two Contracting Parties shall serve as Presidentarbitral tribunal. These members The arbitrators shall be appointed within two months and three (3) months, the president chairman within four months from the date of notification five (5) months, of the arbitration court receipt of the other Contracting Party, the Contracting Party intends to transfer the disputenotice of arbitration.
(4. ) If the above necessary appointments have not been made in within the periods time limits specified in paragraph 3 any (3) of this Article, either Contracting Party shall invite may, in the absence of any other agreement, request the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented for any reason from discharging performing the said functions, the Vice-President shall be invited to make the requested appointments. If the Vice-President is a national of either Contracting Party or is unable to perform the said function, for any reason, the next member in seniority of the International Court of Justice, Justice next in order of precedence who is not a citizen national of a either Contracting Party shall be invited to make the necessary appointments.
(5. ) The decisions of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made decide on the basis of the provisions of this Agreement and other Agreements in force between the Contracting Parties, in accordance with the rules principles of this Agreement and international law.
(6) The tribunal shall determine the procedure. It shall decide by majority vote at the request of the international law which are applicable, final and legally binding on both either Contracting PartiesParty. The Court's judgments are award shall be final and binding upon on the Parties.
(7) Each Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunalown arbitrator and his representative. The other expenses costs of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the Chairman and any other costs shall be borne equally by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedureParties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. (1. The Contracting Parties shall settle disputes concerning ) Disputes relating to the interpretation or application of this Agreement shall be settled, if possible by negotiation or other negotiations through diplomatic channels.
(2. IIf ) If the dispute has not been settled within a period of six months from the date of on which the receipt of the request for such negotiations or other diplomatic channels, and unless otherwise agreed matter was raised by the Contracting Parties, each either Contracting Party, in writing, it may be submitted at the request of either Contracting Party to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Articlean Arbitral Tribunal.
(3. ) The Arbitral said Tribunal will shall be established created as followsfollows for each specific case: each Each Contracting Party shall appoint one memberarbitrator, and the need to agree upon two thus appointed shall appoint by mutual agreement a third arbitrator, who must be a national of a third countrycountry which maintains diplomatic relations with both Contracting Parties, and who shall be designated as Chairman of the two members designated Tribunal by the two Contracting Parties shall serve as PresidentParties. These members shall All the arbitrators must be appointed within two months and the president within four months from the date of notification of the arbitration court of by one Contracting Party to the other Contracting Party, Party of its intention to submit the Contracting Party intends dispute to transfer the disputearbitration.
(4. ) If the above appointments of arbitrators have not been made in within the periods period specified in paragraph 3 any of this Article, either Contracting Party shall may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, the next most senior member in seniority of the International Court of Justice, Justice who is not a citizen national of a either Contracting Party shall be invited to make the necessary appointments.
(5. ) The decisions of the arbitral tribunal Tribunal shall be adopted reach its decision by a majority voteof votes. These decisions This decision shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon Tribunal shall set its own rules of procedure. It shall interpret such decision at the Contracting Parties. Each Member Party shall bear the costs request of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one either Contracting Party. For all other casesUnless decided otherwise by the Tribunal, in accordance with special circumstances, the arbitration tribunal legal costs, including the fees of the arbitrators, shall establish its own procedurebe shared between the two Contracting Parties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes arising between the Contracting Parties shall settle disputes concerning regarding the interpretation or application of this Agreement by negotiation or other diplomatic channelsshall be settled as far as possible through direct negotiations.
2. IIf If an agreement is not reached within six (6) months from the date on which the dispute has not been settled was notified, any of the Contracting Parties may submit the dispute to an ad-hoc Arbitration Tribunal, in accordance with the provisions of this Article.
3. The tribunal shall be comprised of three members and, unless otherwise agreed by the Contracting Parties, shall be established as follows: within six two (2) months from the date of the receipt of the request for such negotiations or other diplomatic channelsarbitration, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one memberan arbitrator. Those two arbitrators shall then, and within three (3) months from the need to date of the last appointment, agree upon a third member who shall be a national of a third countryState with which both Contracting Parties maintain diplomatic relations, and who shall chair the two members designated tribunal. The appointment of the Chair shall be approved by the two Contracting Parties shall serve as President. These members shall be appointed within two months and the president within four months from the date thirty (30) days of notification of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the disputehis nomination.
4. If the above necessary appointments have are not been made in within the periods deadline specified in paragraph 3 any (3) of this Article, either Contracting Party shall invite Party, unless otherwise agreed, may request the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this functionprevented, for any other reason, from performing the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice above-mentioned duty or if that person is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonParty, the next member in seniority appointments shall be made by the Vice-President of the International Court of Justice, and if the latter is prevented or if that person is a national of either Contracting Party, the appointments shall be made by the member of the International Court of Justice next in seniority, who is not a citizen national of a either of the Contracting Party shall make the necessary appointmentsParties.
5. The decisions of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with decide the rules dispute based on the provisions of this Agreement and principles of public international law applicable to the subject matter. The tribunal shall reach its decisions by a majority of votes and shall determine its own procedural rules.
6. Each of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party Parties shall equally bear the costs of its member designated by the arbitrators and the arbitral tribunal as well as its representation in the arbitral tribunalproceeding, unless otherwise established. The other expenses decisions of the President of the Court as well as the implementation of judicial proceedings are equally distributed between tribunal shall be final and binding for the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 1 contract
Samples: Bilateral Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall settle disputes seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the interpretation or application of this Agreement by negotiation or other diplomatic channelsAgreement. In this regard, the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, upon the written request of either Contracting Party, to an arbitral tribunal of three members.
2. IIf Within two (2) months of receipt of a request, each Contracting Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the dispute has event either Contracting Party fails to appoint an arbitrator within the specified time, the other Contracting Party may request the President the International Court of Justice to make the appointment.
3. If both arbitrators cannot been settled reach an agreement about the choice of the Chairman within six two (2) months after their appointment, the Chairman shall he appointed upon the request of either Contracting Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall he made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court who is not national of either Contracting Party.
5. The tribunal shall have three (3) months from the date of the receipt selection of the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one member, and the need Chairman to agree upon a national rules of a third countryprocedure consistent with the other provisions of this agreement. In the absence of such agreement, the two members designated by the two Contracting Parties tribunal shall serve as President. These members shall be appointed within two months and the president within four months from the date of notification of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the dispute.
4. If the above appointments have not been made in the periods specified in paragraph 3 any Contracting Party shall invite request the President of the International Court of Justice to make the necessary appointmentsdesignate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. If the President Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the International Court date of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President selection of the International Court of Justice third arbitrator, and the tribunal shall be invited for render its decision within two (2) months after the appointment. If the Vice President date of the International Court of Justice is a national of either Contracting Party final submissions or if he is otherwise prevented from discharging the said function, for any reason, the next member in seniority date of the International Court closing of Justicethe hearings, who whichever is not a citizen of a Contracting Party shall make the necessary appointments.
5later. The decisions of the arbitral tribunal shall reach its decisions, which shall be adopted final and binding, by a majority voteof votes.
7. These decisions Expenses incurred by the Chairman, the other arbitrators and other costs of the proceedings shall be made in accordance with paid for equally by the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon tribunal may take a different decision regarding the Contracting Partiescosts.
8. Each Member Party A dispute shall bear the costs of its member designated by the not be submitted to an international arbitral tribunal as well as its representation in under the provisions of this Article, if a dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 and is still before the tribunal. The other expenses of This will not impair the President of the Court as well as the implementation of judicial proceedings are equally distributed engagement in direct and meaningful negotiations between the Contracting both Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by shall be settled as far as possible amicably through consultation or negotiation or other diplomatic channelsbetween the Contracting Parties.
2. IIf If the dispute has can not been be settled amicably through consultation or negotiation between the Contracting Parties within six months from the date of receipt by either Contracting Party a written request by the receipt of other Contracting Party for consultations or negotiations, at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each of either Contracting Party, in writing, to the other Contracting Party, may submit a petition he referred to the arbitral tribunal in accordance with the following paragraphs of this Articletribunal.
3. The Arbitral Tribunal will arbitral tribunal shall be established as follows: constituted for each individual case, for which each Contracting Party shall appoint one membermember of the arbitration tribunal within two months from the date of receipt of the request for arbitration. Then, and these two members of the need to agree upon arbitral tribunal shall elect a national of a third countryState who, with the two members designated by the two approval of both Contracting Parties shall serve as President. These members shall be appointed Chairman of the arbitral tribunal within two months and the president within four months from the date of notification appointment of the arbitration court last two members of the other Contracting Party, the Contracting Party intends to transfer the disputearbitral tribunal.
4. If the above appointments have not been made in within the periods specified in paragraph 3 of this Article, the necessary appointments have not been made, in the absence of any other agreement between the Contracting Parties, any Contracting Party shall invite the President of may request the International Court of Justice with a request to make the necessary such appointments. If the President of the International Court of Justice is a national of one either Contracting Party, Party or if for any other reason cannot fulfill this is otherwise unable to discharge the said function, for any other reason, then make the Vice necessary appointments invited the Deputy President of the International Court of Justice shall be invited for the appointmentJustice. If the Vice President deputy chairman of the International Court of Justice is also a national of either Contracting Party or if he is otherwise prevented from discharging unable to discharge the said function, for any reason, then make the next necessary appointments offered to the next-highest member in seniority of the International Court of JusticeJustice for him, who which is not a citizen national of a any Contracting Party shall make the necessary appointmentsin respect of which no other reasons that prevent it from fulfilling this request.
5. The decisions arbitral tribunal shall render its decision by majority vote. This decision is final and binding on the Contracting Parties. Each Contracting Party shall bear the expenses related to the activities of the arbitral tribunal shall be adopted by a majority voteof its own member and of its representation in the arbitration proceedings. These decisions shall be made in accordance The costs associated with the rules of this Agreement 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 international law which are applicableContracting Parties shall bear a larger share of the costs, final and legally the decision will be binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall settle disputes Disputes between the contracting parties concerning the interpretation or application of this Agreement by negotiation shall be settled amicably, as far as possible through consultations or other diplomatic channelsnegotiations between the contracting parties.
2. IIf If the dispute has cannot been be settled amicably through consultations or negotiations between the Contracting Parties within six months from the date of the receipt a written request for consultation or negotiation of either of the Contracting Parties shall, at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by of either of the Contracting Parties, each Contracting Party, in writing, contracting parties to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs of this Articletribunal.
3. The Arbitral Tribunal will arbitral tribunal shall be established as follows: constituted for each individual case for the purpose of each Contracting Party shall appoint one member, and member of the need to agree upon arbitral tribunal within two months of the receipt of a request for arbitration. These two members of the arbitral tribunal shall then select a national of a third country, the two members designated State who upon approval by the two Contracting Parties shall serve as President. These members shall be appointed Chairman of the arbitral tribunal within two months and the president within four months from the date of notification appointment of the arbitration court last two of the other Contracting Party, members of the Contracting Party intends to transfer the disputearbitral tribunal.
4. If within the above appointments have not been made in the periods time limits specified in paragraph 3 any of this article the necessary appointments have been made, either Contracting Party may, in the absence of any other agreement between the Contracting Parties shall invite request the President of the International Court of Justice to make such appointments. If the President of the International Court of Justice is a national of the state of either Contracting Party or is otherwise unable to perform this role, it shall request the Vice- President of the International Court of Justice to make the necessary appointments. If the Vice-President of the International Court of Justice is also a national of one the state of either Contracting Party, Party or if for any other reason cannot fulfill is otherwise unable to perform this function, for any other reason, it shall request the Vice President member of the International Court of Justice shall be invited for the appointment. If the Vice President who is next in seniority who is not a national of the International Court of Justice is a national state of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, the next member in seniority of the International Court of Justice, who is not a citizen of a Contracting Party shall function referred to make the necessary appointments.
5. The decisions of the arbitral arbitration tribunal shall be adopted take its decision by a majority voteof votes. These decisions such decision shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon on the contracting parties. each Contracting Parties. Each Member Party shall bear the costs of its the member designated by of the arbitral tribunal as well as and of its representation in the arbitral tribunalarbitration proceedings. The other expenses costs related to the Chair of the President Arbitration Tribunal and other costs will be borne in equal parts by the contracting parties. the Tribunal may, however, in its decision direct that a higher proportion of the Court as well as costs the implementation medium of judicial proceedings are equally distributed between the Contracting PartiesParties and one such decision shall be binding on both contracting parties. Nevertheless, the arbitral tribunal may decide that the greater part shall determine independently its rules of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation shall, if possible, be settled through consultations or other diplomatic channelsnegotiations.
2. IIf If the dispute has cannot been be settled within six months from the date of the receipt of three (3) months, it shall, upon the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each of either Contracting Party, in writing, be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs provisions of this Article.
3. The Arbitral Tribunal will arbitral tribunal shall be established as follows: constituted for each individual case in the following way. Within two (2) months of receipt of the request for arbitration, each Contracting Party shall appoint one member, and member of the need to agree upon Tribunal. These two members shall then select a national of a third countryState who, the two members designated by on approval of the two Contracting Parties Parties, shall serve be appointed Chairman of the Tribunal (hereinafter referred to as Presidentthe "Chairman"). These members The Chairman shall be appointed within two months and the president within four three (3) months from the date of notification of the arbitration court appointment of the other Contracting Party, the Contracting Party intends to transfer the disputetwo members.
4. If the above appointments have not been made in within the periods specified in paragraph 3 any Contracting Party shall invite 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 the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall he happens to be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonthe Vice-President shall be invited to make the appointments. If the Vice-President also happens to be a national of either Contracting Party or is prevented from discharging the said function, the next member in seniority Member of the International Court of JusticeJustice next in seniority, who is not a citizen national of a either Contracting Party Party, shall be invited to make the necessary appointments.
5. The decisions of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with reach its award on the rules basis of the provisions of this Agreement and of other similar agreements concluded between the Contracting Parties, as well as of the general principles of international law which are applicable, final law. 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 legally binding on its representation in the arbitral proceeding; the cost of the Chairman and the remaining costs shall be borne in equal parts by both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party shall bear the costs Tribunal may, however, in its decision direct that a higher proportion of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one of the two Contracting PartyParties. For all other cases, the arbitration The arbitral tribunal shall establish determine its own procedure.
Appears in 1 contract
Samples: Agreement for the Reciprocal Promotion and Protection of Investments
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or and application of this Agreement by negotiation or other diplomatic channels.
2shall be resolved through negotiations. IIf If the dispute has is not been settled resolved in this way and within six months from the date of the receipt commencement of the negotiations, then at the request for such negotiations or other diplomatic channels, and unless otherwise agreed by of any of the the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition it will be referred to the arbitral tribunal.
2. The arbitral tribunal shall be established for each specific case in accordance with the following paragraphs manner. Each of this Articlethe Contracting Parties will appoint one member of the arbitral tribunal. These two members of the court will be elected by mutual consent of the chairman of the arbitration court, who must be a citizen of a third state. The members of the arbitral tribunal will be appointed within two months, and the chairman of the court - within three months from the date when one of the Contracting Parties declares its intention to refer the dispute to the arbitral tribunal.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one memberIf, and the need to agree upon a national of a third country, the two members designated by the two Contracting Parties shall serve as President. These members shall be appointed within two months and the president within four months from the date of notification of the arbitration court of the other Contracting Party, the Contracting Party intends to transfer the dispute.
4. If the above appointments have not been made in the periods specified in paragraph 3 2 of this Article, the necessary appointments are not made, in the absence of any other agreement, any of the Contracting Party shall invite Parties may request the President of the International Court of Justice to make the necessary such appointments. If the President of the International Court of Justice is a national of one of the Contracting Party, Parties or if for any other reason cancan not fulfill this perform the specified function, for any other reason, the Vice Vice-President of the International Court of Justice shall will be invited for the appointmentto make appointments. If the Vice Vice-President of the International Court of Justice is a national citizen of either one of the Contracting Party Parties or if he is otherwise prevented from discharging the said for any other reason can not fulfill this function, for any reason, the appointment of the next member in seniority of the International Court of Justice, who which is not a citizen national of a either Contracting Party shall make the necessary appointmentsParty, will be made to appoint him.
54. The decisions of the arbitral tribunal shall be adopted render its decision by a majority voteof votes. These decisions shall Such a decision will be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon on both, the Contracting Parties. Each Member Party of the Contracting Parties shall bear the costs associated with the activities of its the member designated of the court appointed by the arbitral tribunal as well as it and with its representation in the arbitral tribunal. The other expenses proceedings; Costs related to the activities of the President of the Court Court, as well as the implementation of judicial proceedings are equally distributed between other costs, the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall Parties will be borne by one Contracting Partyin equal shares. For On all other casesissues, the arbitration tribunal shall establish court will determine the order of its own procedurework independently.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. (1. The Contracting Parties shall settle disputes ) Disputes concerning the interpretation or application of this the present Agreement should, if possible, be settled by negotiation or other diplomatic channelsthe Governments of the two Contracting Parties.
(2. IIf the ) If a dispute has cannot been settled within six months from the date of the receipt of thus be settled, it shall upon the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the of either Contracting Parties, each Contracting Party, in writing, Party be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal.
(3) Such arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will shall be established constituted for each individual case as follows: each Each Contracting Party shall appoint one member, and the need to these two members shall agree upon a national of a third country, State as their chairman to be appointed by the two members designated by Governments of the two Contracting Parties shall serve as PresidentParties. These Such members shall be appointed within two months months, and the president such chairman within four months three months, from the date of notification of the arbitration court of on which either Contracting Party has informed the other Contracting Party, Party that it wants to submit the Contracting Party intends dispute to transfer the disputean arbitral tribunal.
(4. ) If the above appointments have not been made in the periods specified in paragraph 3 any above have not been observed, either Contracting Party shall may, in the absence of any other relevant agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonthe Vice-President should make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he, too, is prevented from discharging the said function, the next member in seniority Member of the International Court of Justice, Justice next in seniority who is not a citizen national of a either Contracting Party shall should make the necessary appointments.
(5. ) The decisions of the arbitral tribunal shall be adopted reach its decisions by a majority voteof votes. These Such decisions shall be made in accordance with binding. Each Contracting Party shall bear the rules cost of this Agreement its own member and of its counsel in the international law which are applicable, final arbitral proceedings; the cost of the chairman and legally binding on the remaining costs shall be borne in equal parts by both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunalmay make a different regulation concerning costs. The In all other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Neverthelessrespects, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 11 . The Any dispute between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other shall, if possible, be settled through diplomatic channels.
22 . IIf If the dispute has cannot been thus be settled within six months from the date beginning of the negotiations, it shall upon the request of either Contracting Party be submitted to an arbitration tribunal.
3 . Such an arbitration tribunal shall be constituted for each individual case in the following way: Within three months from the receipt of the request for such negotiations or other diplomatic channelsarbitration, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party shall appoint one member, and member of the need to agree upon tribunal. Those two members shall then select a national of a third country, the two members designated state who on approval by the two Contracting Parties shall serve as Presidentbe appointed Chairman of the tribunal. These members The Chairman shall be appointed within two months and the president within four months from the date of notification of the arbitration court appointment of the other Contracting Party, the Contracting Party intends to transfer the disputetwo members.
44 . If the above appointments have not been made in within the periods specified in paragraph 3 any of this Article the necessary appointments have not been made, either Contracting Party shall may, in the absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonthe Vice-President or if he is a national of either Contracting Party or is otherwise prevented from descharging the said function, the Member of the Court next member in seniority of the International Court of Justice, who is not a citizen national of a either Contracting Party shall be invited to make the necessary appointments.
55 . The decisions of the arbitral arbitration tribunal shall be adopted decide on the basis of respect for the law, as well as the generally acknowledged rules and principles of international law.
6 . Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure.
7 . The tribunal shall reach its decision by a majority voteof votes. These decisions Such decision shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon on the Contracting Parties.
8 . Each Member Contracting Party shall bear the costs cost of the arbitrator appointed by itself and of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunalrepresentation. The other expenses cost of the President of the Court Chairman as well as the implementation of judicial proceedings are equally distributed between other costs will be borne in equal parts by the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Contracting Parties shall settle disputes Disputes concerning the interpretation or application of this Agreement shall be settled as far as possible, by negotiation or other diplomatic channelsmeans.
2. IIf If the dispute has not been settled within a period of six months from the date on which the matter was raised by either contracting party, it may be submitted at the request of either of the receipt of the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each Contracting Party, in writing, contracting parties to the other Contracting Party, may submit a petition to the an ad hoc arbitral tribunal in accordance with the following paragraphs provisions of this Articlearticle.
3. The Arbitral Tribunal will arbitral tribunal shall be established set up as followsfollows for each individual case: each Contracting Party shall appoint one member, arbitrator and the need to agree upon two arbitrators thus appointed shall appoint by mutual agreement a national of a third countrycountry which has diplomatic relations with both contracting parties, who shall be appointed Chairman of the two members designated Tribunal by the two Contracting Parties shall serve as Presidentcontracting parties. These members All arbitrators shall be appointed within two months and the president within four three months from the date of notification by a contracting party of its intention to submit the arbitration court of the other Contracting Party, the Contracting Party intends dispute to transfer the disputearbitration.
4. If the above appointments have not been made in the periods specified in paragraph 3 above, either of the Contracting Parties, in the absence of any Contracting Party shall other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one either Contracting Party, Party or if for any other reason otherwise cannot fulfill this function, for any other reasondischarge the functions, the Vice Vice-President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice said seniority who is not a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, for any reason, the next member in seniority of the International Court of Justice, who is not a citizen of a Contracting Party shall make the necessary appointments.
5. The decisions of the arbitral tribunal shall be adopted reach its decisions by a majority voteof votes. These decisions shall be made final and legally binding upon the contracting parties.
6. The tribunal shall determine its own rules of procedure. It will interpret the award at the request of either of the Contracting Parties. Unless otherwise decided by the Court in accordance with special circumstances, any legal costs, including the rules remuneration of the arbitrators shall be divided equally between the two contracting parties.
7. The Tribunal shall decide on the basis of the provisions of this Agreement and the principles of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Any dispute between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement by negotiation or other shall be settled, as far as possible, between the two Contracting Parties through diplomatic channels.
2. IIf Failing this, the dispute has not been settled within six months from the date shall be submitted to a joint commission, composed of representatives of the receipt Parties; this commission shall meet without delay, at the request of the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the Contracting Parties, each Contracting most diligent Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. If the joint committee is unable to settle the dispute within six months of the commencement of negotiations, it shall be submitted to an arbitration tribunal at the request of one of the Contracting Parties.
4. The Arbitral Tribunal will said tribunal shall be established as followsconstituted in the following manner: each Each Contracting Party shall appoint one memberan arbitrator, and the need to agree upon two arbitrators shall together appoint a third arbitrator, who shall be a national of a third countryState, as President of the two members designated by the two Contracting Parties shall serve as Presidenttribunal. These members The arbitrators shall be appointed within two three months and the president chairman within four five months from the date of notification on which one of the arbitration court of Contracting Parties has notified the other Contracting Party, Party of its intention to submit the Contracting Party intends dispute to transfer the disputean arbitration tribunal.
45. If the time limits laid down in paragraph (4) above appointments have not been made in the periods specified in paragraph 3 any observed, either Contracting Party shall invite request the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national possesses the nationality of one of the Contracting PartyParties, or if for any other reason cannot fulfill he is prevented from exercising this function, for any other reason, the Vice Vice-President of the International Court of Justice shall be invited for to make the appointmentnecessary appointments. If the Vice President is a national of one of the Contracting Parties, or if he is prevented from serving, the senior member of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, the next member in seniority of the International Court of Justice, who is not a citizen national of a any of the Contracting Party Parties shall be invited to make the necessary said appointments.
56. The decisions arbitral tribunal shall rule on the basis of the arbitral provisions of this Agreement and the rules and principles of international law. The decision of the tribunal shall be adopted by a majority vote. These decisions It shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon on the Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The All disputes arising between the Contracting Parties shall settle disputes concerning relating to the interpretation or application of this Agreement shall, in the first place, be settled by negotiation or other diplomatic channels.
2amicable consultation. IIf If the dispute has can not been be settled through consultation within six months from the date of arising the dispute, either of the Contracting Parties may with sending a notice to the other party, submit the dispute to a board of arbitration of three members consisting of two arbitrators appointed by the Contracting Parties and an umpire. In case of submission of the dispute to the arbitration, either of the Contracting Parties shall appoint an arbitrator within sixty days from the receipt of the request for such negotiations or other diplomatic channels, notification and unless otherwise agreed the arbitrators appointed by the Contracting Parties, each Contracting Party, in writing, to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Article.
3. The Arbitral Tribunal will be established as follows: each Contracting Party Parties shall appoint one member, and the need to agree upon a national of a third country, the two members designated by the two Contracting Parties shall serve as President. These members shall be appointed umpire within two months and the president within four months sixty days from the date of notification the last appointment. If any of the arbitration court Contracting Parties does not appoint its arbitrator or the appointed arbitrator do not agree on the appointment of the other Contracting Party, umpire within the said periods either of the Contracting Party intends to transfer the dispute.
4. If the above appointments have not been made in the periods specified in paragraph 3 any Contracting Party shall invite Parties may request the President of the International Court of Justice Justice, to make appoint the necessary appointmentsarbitrator on behalf of the failing party or the umpire, as the case may be. If However the umpire shall have to be a national of a country having diplomatic relations with the parties to the dispute at the time of the arbitration.
2. In the case of appointment of the umpire by International Court of Justice, if the President of the International Court of Justice is a national of one Contracting Party, prevented from carrying out the said function or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice he is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonParty, the next member in seniority appointment shall be made by the vice president of the International Court of Justice, and if he is also prevented from carrying out the said function or he is a national of either Contracting Party, the appointment shall be made by the member of the International Court of Justice who is next in seniority and is not a citizen national of a either Contracting Party shall make the necessary appointmentsparty.
53. Subject to other provisions agreed by the Contracting Parties, the tribunal shall determine its procedure and the place of arbitration. In the absence of such an agreement on the procedure, the arbitration rules of procedure of United Nations Commission on International Trade Law (UNCITRAL) will serve as the applicable rules.
4. The decisions decision of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance with the rules of this Agreement and of the international law which are applicable, final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon for the Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 11 . The Any dispute between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement shall, if possible, be settled by negotiation or other negotiations, through diplomatic channels.
22 . IIf If the dispute has cannot been thus be settled within six months from the date beginning of the receipt negotiations, it shall, upon request of the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the either Contracting Parties, each Contracting Party, in writing, Party be submitted to the other Contracting Party, may submit a petition to the arbitral tribunal in accordance with the following paragraphs of this Articlean arbitration tribunal.
33 . The Arbitral Tribunal will arbitration tribunal shall be established constituted ad hoc as follows: each Each Contracting Party shall appoint one member, arbitrator and the need to these two arbitrators shall agree upon a national of a third country, the two members designated by the two Contracting Parties shall serve State as Presidentchairman. These members The arbitrators shall be appointed within two months and three months, the president chairman within four five months from the date of notification of the arbitration court of on which either Contracting Party has informed the other Contracting Party, the Contracting Party that it intends to transfer submit the disputedispute to an arbitration tribunal.
44 . If the above appointments have not been made in within the periods specified in paragraph 3 any of this Article the necessary appointments have not been made, either Contracting Party shall may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reasonthe Vice-President or if he too is a national of either Contracting Party or is otherwise prevented from discharging the said function, the next member in seniority Member of the International Court of Justicenext in seniority, who is not a citizen national of a either Contracting Party Party, shall be invited to make the necessary appointments.
55 . The decisions arbitration tribunal shall decide on the basis of respect of the arbitral law, including particularly this Agreement and other relevant agreements between the Contracting Parties, as well as the generally acknowledged rules and principles of international law.
6 . Unless the Contracting Parties decide otherwise, the tribunal shall be adopted determine its own procedure. The tribunal shall reach its decision by a majority voteof votes. These decisions Such decision shall be made in accordance with final and binding on the rules Contracting Parties.
7 . Each Contracting Party shall bear the cost of this Agreement of the arbitrator appointed by itself and of its representation. The cost of the international law which are applicablechairman as well as the other costs will be born in equal parts by the Contracting Parties. The tribunal may, final however, in its decision direct that a higher proportion of costs shall be born by one of the two Contracting Parties and legally this award shall be binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Parties. Each Member Party shall bear the costs of its member designated by the arbitral tribunal as well as its representation in the arbitral tribunal. The other expenses of the President of the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the costs shall be borne by one Contracting Party. For all other cases, the arbitration tribunal shall establish its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. The Disputes between the Contracting Parties shall settle disputes concerning the interpretation or application of this Agreement shall be settled as far as possible by negotiation or other negotiations through diplomatic channels.
2. IIf the If a dispute has under paragraph 1 of this Article cannot been be settled within six months from the date of the receipt of it shall upon the request for such negotiations or other diplomatic channels, and unless otherwise agreed by the of either Contracting Parties, each Contracting Party, in writing, Party be submitted to the other Contracting Party, may submit a petition to the an arbitral tribunal in accordance with the following paragraphs of this Articlethree members.
3. The Arbitral Tribunal will Such arbitral tribunal shall be established as follows: each constituted ad hoc. Each Contracting Party shall appoint one member, member and the need to these two members shall agree upon a national of a third country, the two members designated by the two Contracting Parties shall serve State as Presidenttheir chairperson. These Such members shall be appointed within two months and the president within four months from the date of notification of the arbitration court of one Contracting Party has informed the other Contracting PartyParty of its intention to submit the dispute to an arbitral tribunal, the Contracting Party intends to transfer the disputechairperson of which shall be appointed within two further months.
4. If the above appointments have not been made in the periods specified in paragraph 3 any of this Article are not observed, either Contracting Party shall may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice (ICJ) to make the necessary appointmentsappointments if both Contracting Parties are members. If In the President case that both Parties are not members of theICJ, the Secretrary General of the International Court of Justice is a national of one Contracting Party, or if for any other reason cannot fulfill this function, for any other reason, the Vice President of the International Court of Justice shall be invited for the appointment. If the Vice President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, for any reason, the next member in seniority of the International Court of Justice, who is not a citizen of a Contracting Party ICSID shall make the necessary appointments.
5necessarily appointment with the mutual consent of the Contracting Parties. The decisions appointed members of the arbitral tribunal shall be adopted by a majority vote. These decisions shall be made in accordance national of a State that has diplomatic relations with the Contracting parties.
5. The arbitral tribunal shall establish its own rules of procedure unless the Contracting Parties decide otherwise.
6. The arbitral tribunal shall reach its decision by virtue of this Agreement and pursuant to the rules of international law. It shall reach its decision by a majority of votes; the international law which are applicable, decision shall be final and legally binding on both Contracting Parties. The Court's judgments are final and binding upon the Contracting Partiesbinding.
7. Each Member Contracting Party shall bear the costs of its own member designated by the arbitral tribunal as well as and of its legal representation in the arbitral tribunalarbitration proceedings. The other expenses costs of the President of chairperson and the Court as well as the implementation of judicial proceedings are equally distributed between the Contracting Parties. Nevertheless, the arbitral tribunal may decide that the greater part of the remaining costs shall be borne in equal parts by one both Contracting PartyParties. For all other casesThe arbitral tribunal may, the arbitration tribunal shall establish however, in its own procedureaward determine another distribution of costs.
Appears in 1 contract
Samples: Investment Protection Agreement