Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled between the two Contracting Parties through diplomatic channels. 2. If the dispute cannot be settled through diplomatic channels within six months after the beginning of negotiations, it shall be submitted to an arbitral tribunal at the request of one of the Contracting Parties. 3. The Tribunal shall be constituted in the following manner: Each Contracting Party shall appoint one arbitrator and these arbitrators shall nominate two together, as Chairman of the Tribunal, a third arbitrator who is a national of a third State having diplomatic relations with both contracting parties. The arbitrators shall be appointed within three months from the date on which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair. 4. If the periods specified in paragraph (3) above have not been made, either Contracting Party 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 either Contracting Party or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he is prevented from exercising his mandate, the most senior member of the International Court of Justice who is not a national of either Contracting Party shall be invited to make the appointments. 5. The arbitral tribunal shall decide on the basis of the provisions of this Agreement and the rules and principles of international law. the decision of the Tribunal shall be adopted by a majority of votes. It shall be final and binding on the Contracting Parties. Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs of the Chairman of the arbitral tribunal and other expenses. 6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 17 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning relating to the interpretation or and application of this Agreement shall agreement should, as far as possible, be settled between the two Contracting Parties amicably through diplomatic channels.
2. In the absence of rules through diplomatic channels, the dispute is submitted to a committee of experts composed of representatives of both sides, which shall meet at the request of either party diligent and without undue delay.
3. If the dispute cannot be settled through diplomatic channels within six months after Committee of Experts is unable to settle the beginning of negotiationsdispute, it shall be submitted to an arbitral tribunal submitted, at the request of one of the either Contracting Parties.
3. The Tribunal shall be constituted in the following mannerParty, to an arbitration procedure implemented, for each particular case, as follows: Each Contracting Party shall appoint one an arbitrator and these arbitrators shall nominate within two together, as Chairman of the Tribunal, a third arbitrator who is a national of a third State having diplomatic relations with both contracting parties. The arbitrators shall be appointed within three months from the date on which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunalarbitration. Arbitrators shall have Within three months to of the appointment of the two arbitrators shall appoint by mutual agreement a national of a third State who shall be Chairman of the Chair.
4Panel of Arbitrators. If the periods specified in paragraph (3) above time limits have not been made, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointmentsappointment of the arbitrator or arbitrators not appointed. If the President of the International Court of Justice is a national of either Contracting Party or if he is unable to perform otherwise prevented from exercising this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointmentsappointment. If the Vice-President is a national of either Contracting Party or if he is otherwise prevented from exercising his mandatethis function, the most senior member of the International Court of Justice who is not a national of either Contracting Party shall be invited to make the appointmentsappointment.
54. The arbitral tribunal Panel thus constituted shall decide on the basis determine its own rules of the provisions of this Agreement and the rules and principles of international lawprocedure. the decision of the Tribunal Its decisions shall be adopted taken by a majority of the votes. It ; they shall be final and binding on the Contracting Partiescontracting parties.
5. Each Contracting Party shall bear the cost costs of its appointed arbitrator. The costs resulting from the appointment of the third arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs operating expenses of the Chairman of panel shall be borne in equal parts by the arbitral tribunal and other expensescontracting parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 9 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall shall, as far as possible, be settled between the two Contracting Parties through diplomatic channelsnegotiations.
2. If the dispute cannot thus be settled through diplomatic channels within six months after (6) months, following the beginning of negotiationsdate on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitral tribunal at the request of one of the Contracting PartiesArbitral Tribunal constituted in accordance with this Article.
3. The Such an Arbitral Tribunal shall be constituted for each individual case in the following manner: Each way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator and these arbitrators shall nominate two together, as Chairman member of the Tribunal, a third arbitrator who is . Those two members shall then select a national of a third State having diplomatic relations with both contracting partieswho on approval by the two Contracting Parties shall be appointed Chairman of the Tribunal. The arbitrators Chairman shall be appointed within three four (4) months from the date on which either Contracting Party has informed of appointment of the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chairtwo members.
4. If within the periods specified in paragraph (3) above 3 of this Article the necessary appointments have not been made, either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the any necessary appointments. If the President of the International Court of Justice is a national of either Contracting Party or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he is otherwise prevented from exercising his mandatedischarging the said function, the most senior member Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall decide determine its own rules of procedure. The Arbitral Tribunal shall reach its decision on the basis of the provisions of this Agreement and in accordance with international law applicable between the rules and principles of international lawContracting Parties. the decision of the The Arbitral Tribunal shall be adopted reach its decision by a majority of votes. It The decisions of the Tribunal shall be final and binding on the both Contracting Parties. Each Contracting Party shall bear the cost costs of the arbitrator it has member appointed by that Contracting Party and of its representation in at the arbitration proceedings and half the costs arbitral proceedings. Both Contracting Parties shall assume an equal share of the Chairman cost of the arbitral tribunal and Chairman, as well as other expensescommon costs.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 5 contracts
Samples: Investment Promotion and Protection Agreement, Investment Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Contracting Parties. 11 . Any dispute between the Contracting Parties concerning over the interpretation or application of this Agreement shall shall, insofar as possible, be settled between amicably by the Governments of the two Contracting Parties through diplomatic channelsParties.
22 . If the dispute cannot be settled through diplomatic channels in that way within six months after of the beginning start of negotiations, it shall be submitted to an arbitral tribunal submitted, at the request of one either of the Contracting Parties, to an arbitral tribunal.
33 . The Tribunal arbitral tribunal shall be constituted in the following manneras follows: Each each Contracting Party shall appoint one an arbitrator and these the two arbitrators shall nominate two together, as Chairman of the Tribunal, a third arbitrator who is a national citizen of a third State having diplomatic relations with both contracting partiesas chairman. The arbitrators shall be appointed within three months from and the chairman within five months of the date on which either Contracting Party has informed informs the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
44 . If one of the periods specified in paragraph (3) above have Contracting Parties has not been madeappointed its arbitrator within the period specified, the other Contracting Party may invite the President of the International Court of Justice to make the appointment. Should the arbitrators be unable to agree on the choice of the third arbitrator within the period specified, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointmentsappointment.
5 . If If, in the cases specified in paragraph 4 of this article, the President of the International Court of Justice is not able to perform that function or is a national of either Contracting Party or if he is unable to perform this functionParty, the Vice-President of the International Court of Justice shall be invited requested to make the necessary appointments. If the Vice-President is not able to perform that function or is a national of either Contracting Party or if he is prevented from exercising his mandateParty, the appointments shall be made by the most senior member of the International Court of Justice who is not a national of either of the Contracting Party shall be invited to make the appointmentsParties.
56 . The ruling of the arbitral tribunal shall decide be based on respect for the basis of law, the provisions of this Agreement or other valid agreements between the Contracting Parties, and the rules and universally recognized principles of international law. the decision of the Tribunal shall be adopted by a majority of votes7 . It shall be final and binding on Unless the Contracting Parties. Each Contracting Party Parties agree otherwise, the tribunal shall bear the cost of the arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs of the Chairman of the arbitral tribunal and other expenses.
6. Apart from the above the Tribunal shall establish determine its own rules of procedure.
Appears in 5 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes arising between the Contracting Parties concerning contracting parties relating to the interpretation or application of this Agreement shall shall, if it is possible, be settled between the two Contracting Parties through amicably by diplomatic channels.
2. If In case the dispute canbetween the parties could not be settled through diplomatic channels solved within six months after the beginning of negotiationsmonths, it shall will be submitted subjected to an arbitral tribunal at the request of one any of the Contracting Partiescontracting parties.
3. The Tribunal arbitral tribunal shall be constituted set up in the following mannerway: Each Contracting Party Within the following two months of the receipt of the notice of arbitration, each contracting party shall appoint one arbitrator and these arbitrator. These two arbitrators shall nominate two together, as Chairman of the Tribunal, a third arbitrator who is elect a national of a third State having diplomatic relations with country, who after the approval of both contracting parties, would act as Chairman. The president will be appointed within two months since the date of the arbitrators shall be appointed within three months from and the date on which either Contracting Party has informed appointment of the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chairtwo arbitrators.
4. If within the periods specified in paragraph (3) above 3 of this Article the necessary appointments have not been made, either Contracting Party may contracting party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of either Contracting Party or if he is unable to perform this otherwise prevented from discharging the said function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he too is prevented from exercising his mandatedischarging the said function, the most senior member Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal shall decide issue its decision in majority on the basis of the provisions of contained in this Agreement and its decision will be biding to both contracting parties.
6. Unless the rules and principles of international law. Parties decide otherwise, the decision of the Tribunal arbitral tribunal shall be adopted by a majority of votes. It shall be final and binding on the Contracting Partieslay down its own procedure.
7. Each Contracting Party shall bear the cost of the arbitrator it has appointed and expenses of its representation own arbitrator and those connected with representing it in the arbitration proceedings and half the costs proceedings. The other expenses, including those of the Chairman of and the arbitral tribunal and other remaining expenses, shall be borne in equal parts by the two Parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 3 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be be, as far as possible, settled between the two Contracting Parties through diplomatic channelsnegotiations.
2. If the dispute cannot be thus settled through diplomatic channels within six months after the beginning of negotiationsmonths, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal at Arbitral Tribunal in accordance with the request provisions of one of the Contracting Partiesthis Article.
3. The Arbitral Tribunal shall be constituted in the following mannerway: Each within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator and these arbitrators shall nominate two together, as Chairman member of the Tribunal, a third arbitrator who is . Those two members shall then select a national of a third State having diplomatic relations with both contracting partieswho on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the Chairman). The arbitrators Chairman shall be appointed within three months from the date on which either Contracting Party has informed of appointment of the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chairtwo members.
4. If within the periods specified in paragraph (3) above 3 of this Article the necessary appointments have not been made, either Contracting Party may may, unless otherwise agreed, invite the President of the International Court of Justice to make the any necessary appointmentsappointment. If the President of the International Court of Justice is a national of either Contracting Party or if he is unable to perform this otherwise prevented from discharging the said function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointmentsappointment. If the Vice-President of the International Court of Justice is a national of either Contracting Party or if he is also prevented from exercising his mandatedischarging the said function, the most senior member Member of the International Court of Justice next in seniority in office who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall decide issue its decision on the basis of the provisions of this Agreement and the rules and universally accepted principles of international law.
6. Unless the decision of Contracting Parties agree otherwise, the Arbitral Tribunal shall be adopted lay down its own procedure. I-50834
7. The Arbitral Tribunal shall reach its decision by a majority of votes. It votes and that decision shall be final and binding on the both Contracting Parties. Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs of the Chairman of the arbitral tribunal and other expenses.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall shall, if possible, be settled between the two Contracting Parties through diplomatic channelsconsultations and negotiations.
2. If the dispute cannot be so settled through diplomatic channels within six months after months, at the beginning request of negotiations, it either Contracting Party shall be submitted to an arbitral tribunal at arbitration in accordance with the request provisions of one of the Contracting Partiesthis Article.
3. The Tribunal arbitral tribunal for each individual case shall be constituted in as follows: within two months of receipt of the following manner: Each request for arbitration, each Contracting Party shall appoint one arbitrator and these arbitrator, the arbitral tribunal. The two arbitrators shall nominate two together, as Chairman of the Tribunal, a third arbitrator who is then select a national of a third State having diplomatic relations State, who shall be appointed with the consent of both contracting parties, as President of the Court of Arbitration (the "Chairman"). The arbitrators Chairman shall be appointed within three months from the date on which either Contracting Party has informed of appointment of the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chairtwo arbitrators.
4. If If, within the periods specified period referred to in paragraph (3) above have not been made3 of this Article makes the necessary appointment, either Contracting Party the appointment may invite request the President of the International Court of Justice to make the necessary appointmentsJustice. If the President of the International Court of Justice is a national of either Contracting Party or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he him in performing this function prevents other obstacles will be asked to appoint vice-chairman. If the Vice-President is prevented from exercising his mandate, a citizen of either Contracting Party or him in performing this function prevents other obstacles will be asked to appoint the most senior oldest member of the International Court of Justice who is not a national of either Contracting Party shall be invited to make the appointmentsParty.
5. The arbitral tribunal shall decide on the basis of the provisions of this Agreement and the rules and principles of international lawreach its decision by majority vote. the Such decision of the Tribunal shall be adopted by a majority of votes. It shall be final and binding on the Contracting Partiesbinding. Each Contracting Party shall bear the cost of expenses only its arbitrator and the arbitrator it has appointed and of costs associated with its representation participation in the arbitration proceedings and half the costs proceedings. Expenses of the Chairman and other costs shall be borne by the Parties in equal shares. The arbitral tribunal may decide that most of the arbitral tribunal expenditure borne by one party and other expenses.
6that decision is binding on both parties. Apart from the above the The Arbitral Tribunal shall establish determine its own rules of procedure.
Appears in 3 contracts
Samples: Investment Agreement, Investment Protection Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning Disputes arising from the interpretation or application of this Agreement by both Contracting Parties shall be settled between the two Contracting Parties through diplomatic channels.
2. If the Contracting Parties fail to reach an agreement in twelve months, the dispute cannot be settled through diplomatic channels within six months after the beginning of negotiations, it shall be submitted to an the arbitral tribunal composed of three arbitrators at the request of one either party. Each of the Contracting PartiesParties shall each appoint an arbitrator, who shall nominate a third national who has diplomatic relations with the Contracting Parties as the third arbitrator. The third arbitrator shall be appointed by the Contracting Parties as the chief arbitrator of the arbitral tribunal.
3. The Tribunal shall be constituted in If the following manner: Each Contracting Party shall does not appoint one an arbitrator and these arbitrators shall nominate has not completed the appointment within two togethermonths after receipt of an invitation to arbitration by the other Contracting Party, as Chairman of the Tribunal, a third arbitrator who is a national of a third State having diplomatic relations with both contracting parties. The arbitrators shall be appointed within three months from the date on which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If the periods specified in paragraph (3) above have not been made, either Contracting Party may invite by the President of the International Court of Justice to make at the necessary appointmentsrequest of the latter Party.
4. If the appointment of the presiding arbitrator of the arbitral tribunal has not been completed within two months of the appointment of the two arbitrators, there shall be no other agreement between the Contracting Parties and the presiding arbitrator shall be appointed by the President of the International Court of Justice Make an appointment.
5. In the circumstances provided for in paragraphs 3 and 4 of this article, the appointment shall be made by the Vice- President of the International Court of Justice if the International Court of Justice is a national of either Contracting Party or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointmentssuch duties for any other reason. If the Vice-President is a national of either Contracting Party or if he is prevented from exercising his mandateunable to perform that duty for any other reason, the appointment shall be made by the most senior member judge of the International Court of Justice who is not a national of either Contracting Party shall be invited to make the appointmentsParty.
56. The arbitral tribunal shall decide on determine its own procedures.
7. The Contracting Parties shall bear the basis costs of their respective appointed arbitrators and their attendance at the arbitral proceedings. The costs of the provisions of this Agreement presiding arbitrator and the rules and principles of international law. the decision remaining costs of the Tribunal arbitral tribunal shall be adopted borne equally by a majority of votesboth Contracting Parties.
8. It shall be The arbitral tribunal's decision is final and binding on the Contracting Parties. Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs of the Chairman of the arbitral tribunal and other expensesboth parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application the applioation of this Agreement shall be settled between settled, to the two Contracting Parties extent possible, through diplomatic channels.
2. If the a dispute cannot be settled through diplomatic channels within six (6) months after the beginning of negotiations, it shall be submitted to an arbitral tribunal submitted, at the request of one of the Contracting PartiesParties to an arbitral tribunal.
3. The Tribunal arbitral tribunal shall be constituted in the following mannerad hoc as follows: Each each Contracting Party shall appoint one appoints an arbitrator and these the two arbitrators shall nominate two together, as Chairman of the Tribunal, a third arbitrator who is select a national of a third State having diplomatic relations with both contracting partiesas Chairman of the arbitral tribunal. The arbitrators shall be appointed within three (3) months and the Chairman within five months from the date on which either Contracting Party has informed of receipt of the other Contracting Party notice of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chairarbitration.
4. If within the periods specified in paragraph (3) above 3 of this Article the necessary appointments have not been made, either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of either one or the other Contracting Party or if he is unable for any reason to perform carry out this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either of the Contracting Party Parties or if he is prevented from exercising his mandatecannot discharge the function, the most senior member of the International Court of Justice that follows in the order of seniority who is not a national of either one or the other Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal shall decide on the basis of the provisions of this Agreement and the international rules and principles of international lawInternational Law. the decision of the Tribunal It shall be adopted take its decisions by a majority of votes. It The decision shall be final and binding on the Contracting Parties.
6. The tribunal shall determine its own procedure.
7. Each Contracting Party shall bear the cost of the its own arbitrator it has appointed and of its representation in the arbitration proceedings proceedings. The costs related to the Chair and half any remaining costs shall be borne in equal parts by the costs of the Chairman of the arbitral tribunal and other expensesContracting Parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shall be settled between the two Contracting Parties as far as possible through diplomatic channels.
2. If the dispute cannot be settled through diplomatic channels in this way within six months after from the beginning of negotiations, it the dispute shall be submitted to an arbitral tribunal submitted, at the request of one either of the Contracting Partiestwo contracting parties to an arbitral tribunal.
3. The Tribunal arbitral tribunal shall be constituted in the following manneras follows: Each each Contracting Party shall appoint one arbitrator and these two arbitrators shall nominate two together, as Chairman of the Tribunal, elect a third arbitrator who president is a national of a third State having diplomatic relations with both contracting partiescountry. The the arbitrators shall be appointed within three months and the Chairman within five months from the date on which either Contracting Party has informed the other Contracting Party contracting party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If the necessary appointments have been made within the periods specified in paragraph (3) above have not been made3 of this article, either a Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If if the President of the International Court of Justice is a national of either Contracting Party or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or unable to perform this function for other purposes, it shall ask the Vice-President to make the necessary appointments. if he the Vice-President is prevented from exercising his mandate, a national of one of the most senior contracting parties or nor to perform this function would be encouraged to make the necessary appointments to the member of the International Court of Justice to continue in seniority who is not a national of any of the Parties contratantes.apartado 3 of this article, a Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. if the President is a national of either Contracting Party or unable to perform this function for other purposes, it shall ask the Vice-President to make the necessary appointments. if the Vice-President is a national of one of the contracting parties or nor to perform this function would be encouraged to make the necessary appointments to the member of the International Court of Justice to continue in seniority who is not a national of either of the Contracting Party shall be invited to make the appointmentsParties.
5. The arbitral tribunal shall decide render its decision on the basis of respect for the laws and the provisions of contained in this Agreement and or in other agreements in force between the rules and contracting parties, as well as of the generally accepted principles of international law.
6. Unless the arbitral tribunal decides otherwise, within six months of the date of selection of the Chairman shall be all allegations and all hearings. the arbitral tribunal shall reach its decision of the Tribunal shall be adopted by a majority of votesvotes and shall within two months from the date of the final submissions or concluded hearings, whichever is later. It such decision shall be final and binding on the Contracting Partiesboth contracting parties. Each each Contracting Party shall bear the cost costs of the arbitrator it has member of the tribunal appointed by itself and of its representation in the arbitration proceedings and half arbitral proceedings; the costs cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting parties. the Tribunal may, however, in its decision direct that one of the arbitral two contracting parties at a higher proportion of costs, and this decision shall be binding on both contracting parties. the tribunal and other expenses.
6. Apart from the above the Tribunal shall establish determine its own rules of procedure.
Appears in 2 contracts
Samples: Agreement for the Reciprocal Promotion and Protection of Investments, Reciprocal Promotion and Protection of Investments Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall shall, to the extent possible, be settled between the two Contracting Parties through diplomatic channels.
2. If the dispute cannot be so settled through diplomatic channels within six months after of the beginning commencement of negotiations, it shall shall, at the request of either Contracting Party, be submitted to an arbitral tribunal at the request of one of the Contracting Partiestribunal.
3. The Tribunal arbitral tribunal shall be constituted in the following mannerfor each particular case as follows: Each each Contracting Party shall appoint one arbitrator and these two arbitrators shall nominate two together, as Chairman of the Tribunal, choose a third arbitrator who is a national citizen of a third State having diplomatic relations with both contracting partiesas chairman. The arbitrators shall be appointed within three months and the chairman within five months from the date on which either Contracting Party has informed notified the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If the periods specified in paragraph (3) above necessary appointments have not been mademade within the time limits provided for in paragraph 3 of this Article, either Contracting Party may may, in the absence of 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 unable to perform such function or is a national of either any of the Contracting Party or if he is unable to perform this functionParties, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is unable to perform this function or is a national of either any of the Contracting Party or if he is prevented from exercising his mandateParties, the most senior appointments shall be made by the member of the International Court of Justice next in seniority who is not a national of either any of the Contracting Party shall be invited to make the appointmentsParties.
5. The arbitral tribunal shall decide on the basis of the provisions of contained in this Agreement and the rules and generally accepted principles of international law.
6. Unless the Contracting Parties decide otherwise, the arbitral tribunal shall establish its own procedure.
7. The arbitral tribunal shall reach its decision of the Tribunal shall be adopted by a majority of votes. It vote and its decision shall be final and binding on the both Contracting Parties.
8. Each Contracting Party shall bear the cost expenses of the arbitrator appointed by it has appointed and of those related to its representation in the arbitration proceedings and half the costs proceedings. All other expenses, including those of the Chairman of the arbitral tribunal and other expensesChairman, shall be borne equally by both Contracting Parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled between the two Contracting Parties as far as possible through diplomatic channels.
2. If the dispute cannot be settled through diplomatic channels in this way within six months after the beginning of negotiations, it shall be submitted upon request of either of the contracting parties to an arbitral tribunal at the request of one of the Contracting Partiestribunal.
3. The Tribunal arbitral tribunal shall be constituted in the following manneras follows: Each each Contracting Party shall appoint one arbitrator and these the arbitrators shall nominate two together, as Chairman of the Tribunal, a third arbitrator who is select a national of a third State having diplomatic relations with both contracting partiesas Chairman. The the arbitrators shall be appointed within three months and the Chairman within five months from the date on which either Contracting Party has informed the other Contracting Party contracting party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If within the periods period specified in paragraph (3) above have 3 of this article the necessary appointments had not been made, either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If if the President of the International Court of Justice might exercise the said function or is a national of either Contracting Party or if he is unable to perform this functionParty, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he is prevented from exercising his mandate, the most senior member of the International Court of Justice who is not a national of either Contracting Party shall be invited to make the appointments. if the Vice-President said might exercise the function or is a national of either Contracting Party, the designations shall be made by the most senior member of the Court referred to is a national of one of the Contracting Parties.
5. The arbitral tribunal shall decide issue its opinion on the basis of the provisions of this Agreement and the applicable rules and principles of international law.
6. Unless the decision of Contracting Parties decide otherwise, the Tribunal shall be adopted establish its own procedure.
7. The tribunal shall take its decision by a majority of votes. It , and shall be final and binding on the Contracting Partiescontracting parties.
8. Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitration proceedings and half arbitral proceedings. the costs other costs, including those of the Chairman of shall be provided in equal parts by the arbitral tribunal and other expensescontracting parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shall be settled between the two Contracting Parties as far as possible through diplomatic channels.
2. If the dispute cannot be settled through diplomatic channels in this way within six months after from the beginning of negotiations, it the dispute shall be submitted to an arbitral tribunal submitted, at the request of one either of the Contracting Partiestwo contracting parties to an arbitral tribunal.
3. The Tribunal arbitral tribunal shall be constituted in the following manneras follows: Each each Contracting Party shall appoint one arbitrator and these two arbitrators shall nominate two together, as Chairman of the Tribunal, elect a third arbitrator who president is a national of a third State having diplomatic relations with both contracting partiescountry. The the arbitrators shall be appointed within three months and the Chairman within five months from the date on which either Contracting Party has informed the other Contracting Party contracting party of its intention to submit the dispute controversía to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If the necessary appointments have been made within the periods specified in paragraph (3) above have not been made3 of this article, either Contracting Party a contracting party may in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If if the President of the International Court of Justice is a national of either Contracting Party or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or unable to perform this function for other purposes, it shall ask the Vice-President to make the necessary appointments. if he the Vice-President is prevented from exercising his mandate, a national of one of the most senior contracting parties or nor to perform this function would be encouraged to make the necessary appointments to the member of the International Court of Justice to continue in seniority who is not a national of any of the Parties contratantes.apartado 3 of this article, a contracting party may in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. if the President is a national of either Contracting Party or unable to perform this function for other purposes, it shall ask the Vice-President to make the necessary appointments. if the Vice-President is a national of one of the contracting parties or nor to perform this function would be encouraged to make the necessary appointments to the member of the International Court of Justice to continue in seniority who is not a national of either of the Contracting Party shall be invited to make the appointmentsParties.
5. The arbitral tribunal shall decide render its decision on the basis of respect for the law, to the provisions of contained in this Agreement and or in other agreements in force between the rules and contracting parties, as well as the 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 of the Tribunal shall be adopted by a majority of votes. It votes and that decision shall be final and binding on the Contracting Partiesboth contracting parties.
8. Each Contracting Party shall bear the cost costs of the arbitrator appointed by it has appointed and costs of its representation in the arbitration proceedings and half the costs of the Chairman of the arbitral tribunal and proceedings. The other expenses, including the President, shall be borne in equal parts by the two contracting parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Agreement for the Promotion and Protection of Investments
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled between the two Contracting Parties through diplomatic channels.
2. If the dispute cannot be settled through diplomatic channels within six months after the beginning of negotiations, it shall be submitted to an arbitral tribunal at the request of one of the Contracting Parties.
3. The Tribunal shall be constituted in the following manner: Each Contracting Party shall appoint one arbitrator and these the two arbitrators shall nominate two together, as Chairman of the Tribunal, appoint a third arbitrator who is a national of a third State having diplomatic relations with both contracting partiesparties as Chairman of the Tribunal. The arbitrators shall be appointed within three two months from the date on which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three two months to appoint the Chair.
4. If if the periods specified in paragraph (3) above have not been made, either Contracting Party 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 either Contracting Party or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he is prevented from exercising his mandate, the most senior member of the International Court of Justice who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal shall decide on the basis of the provisions of this Agreement and the rules and principles of international law. the decision of the Tribunal shall be adopted by a majority of votes. It shall be final and binding on the Contracting Parties. Each each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs of the Chairman of the arbitral tribunal and other expenses.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties contracting parties concerning the interpretation or application of the provisions of this Agreement shall be settled between the two Contracting Parties through diplomatic channels.
2. If the dispute contracting parties cannot be settled through diplomatic channels reach an agreement within six months after the beginning of negotiationsthe dispute, it this shall be submitted submitted, at the request of either party to an arbitral tribunal at the request composed of one of the Contracting Parties.
3three members. The Tribunal shall be constituted in the following manner: Each Contracting Party shall appoint one arbitrator and these the two arbitrators thus appointed shall nominate two together, as appoint the Chairman of the Tribunal, a third arbitrator Tribunal who is shall be a national of a third State having diplomatic relations with both State.
3. If one of the Contracting Parties has not appointed its arbitrator and in response to the invitation of the other contracting parties. The arbitrators party to make that appointment within two months, the arbitrator shall be appointed within three months from upon the date on which either request of the latter Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If the periods specified in paragraph (3) above have not been made, either Contracting Party may invite by the President of the International Court of Justice to make the necessary appointmentsJustice.
4. If the two arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice.
5. If in the cases specified under paragraphs (3) and (4) of this article, the President of the International Court of Justice is a national of either Contracting Party prevented from carrying out the said function or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party Party, the appointment shall be made by the Vice-President and if the latter is prevented or if he is prevented from exercising his mandatea national of either Contracting Party, the most senior member appointment shall be made by the judge of the International Court of Justice greater seniority who is not a national of either of the Contracting Party shall be invited to make the appointmentsParties.
56. The arbitral tribunal shall decide on the basis of the provisions of this Agreement and the rules and principles of international law. the reach its decision of the Tribunal shall be adopted by a majority of votes. It shall be final and binding on the Contracting Parties. Each Contracting Party shall bear the cost costs of the its own arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs arbitral proceedings. The cost of the Chairman and the remaining costs shall be borned, in principle, by parties in equal parts, by the contracting parties.
7. The tribunal shall determine its own procedure.
8. The decisions of the arbitral tribunal Tribunal are final and other expensesbinding on the contracting parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. 1. Any dispute All disputes arising between the Contracting Parties concerning relating to the interpretation or and application of this Agreement shall shall, in the first place, be settled between the two Contracting Parties amicably through diplomatic channelsconsultations and negotiations.
2. If the dispute cannot be settled through diplomatic channels In case of disagreement, either Contracting Party may, within six months after from the beginning of negotiationsdate the dispute had arisen, it shall be submitted subject to its laws and regulations, refer the case to an arbitral tribunal at the request of one of the Contracting PartiesArbitral Tribunal.
3. The This Arbitral Tribunal shall be constituted in established for any reason as follows: while sending a notice to the following manner: Each other Contracting Party within three months, the Contracting Parties shall appoint one arbitrator and these two arbitrators. The arbitrators appointed by the Contracting Parties shall nominate two together, as appoint a Chairman of the Tribunal, a third arbitrator who is a national of a third State having diplomatic relations with both contracting parties. The arbitrators shall be appointed Contracting Parties at the time of the appointment within three two months from the date on which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chairlast arbitrator was appointed.
4. If the periods necessary appointments of arbitrators have not been made in the period specified in paragraph (3) above have not been made3 of this Article, either Contracting Party party, may invite the President of the International Court of Justice to make the necessary appointments. If In the event that the President of the International Court of Justice is a citizen or national of either the State of one of the Contracting Party Parties, or if he for any reason, it is impossible for him to make the appointment, the application shall be made to the Vice President of the Court. If the Vice President of the Court is a citizen or national of the State of one of the Contracting Parties, or is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he is prevented from exercising his mandateappointment for any reason, the most senior member of the International Court of Justice Justice, who is not a citizen or national of either the State of one of the Contracting Party Parties, shall be invited to make the appointmentsappointment.
5. The arbitral tribunal Arbitral Tribunal shall decide on the basis of in accordance with the provisions of this Agreement and as well as the rules and general principles of international law. the decision of the The Arbitration Tribunal shall be adopted by rule with a majority of votes. It vote and its decision shall be final and binding on the Contracting Parties. Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs of the Chairman of the arbitral tribunal and other expenses.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. 1. Any dispute disputes arising between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled between the two Contracting Parties through consultations and negotiations through diplomatic channels.
2. If In case of failure to resolve the dispute cannot be settled through diplomatic channels between the Contracting Parties within six months after the beginning of negotiationsit began, it shall be submitted to an arbitral tribunal at the request of one of its authorization should be referred to the Contracting PartiesParties to the arbitration court.
3. The Tribunal Such an arbitral tribunal shall be constituted for each individual case in the following manner: Each order. Within two months after receiving the request for arbitration, each Contracting Party shall appoint one arbitrator and these arbitrator. These two arbitrators shall nominate two together, as Chairman of the Tribunal, a third arbitrator who is elect a national of a third State having diplomatic relations state then, that with both contracting partiesthe consent of the two Contracting Parties shall be appointed Chairman of the tribunal. The arbitrators Chairman shall be appointed within three two months from the date on which either Contracting Party has informed of appointment of the other Contracting Party two members of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If the periods specified in paragraph (3) above have 3 of this Article the necessary appointments terms will not been be made, either Contracting Party may invite the President of may, unless otherwise agreed to appeal to the International Court of Justice President to make the necessary appointments. If the President of the International Court of Justice is a national citizen of either Contracting Party or if he is unable for any reason to perform this carry out the said function, then make the Vice-President of necessary appointments will be invited to the International Court of Justice shall be invited to make the necessary appointmentsVice-Chairman. If the Vice-President is a national of either Contracting Party or if he is prevented from exercising his mandatealso can not be said function, then make the most senior necessary appointments will be offered next in seniority of the member of the International Court of Justice who is not a national of either Contracting Party shall be invited and can no obstacles to make the appointmentsimplement said function.
5. The arbitral tribunal shall decide on determines the basis question of the provisions rules of this Agreement procedure and the rules and principles of international lawdecides by majority vote. the decision of the Tribunal The arbitration award shall be adopted by a majority of votes. It shall be final and binding on the upon both Contracting Parties. Each The Contracting Party Parties shall bear the cost of the arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs of the arbitrators and the Chairman in equal shares. The arbitral tribunal may, however, in its decision to determine that one of the arbitral tribunal Contracting Parties shall bear a larger share of spending, and other expensessuch decision shall be binding on both Contracting Parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. (1. Any dispute ) Disputes arising between the Contracting Parties concerning the interpretation or application of this Agreement shall Convention shall, as far as possible, be settled between the two Contracting Parties through diplomatic channels.
(2. ) If a dispute between the dispute canContracting Parties can not be settled through diplomatic channels in such a manner within a period of six months after from the beginning of the negotiations, it shall be submitted to an arbitral tribunal submitted, at the request of one of the either Contracting Parties.Party, to an Arbitral Tribunal..
(3. ) The Arbitral Tribunal shall be constituted in for each particular case as follows. Within two months of receipt of the following manner: Each request for arbitration, each Contracting Party shall appoint one arbitrator and these arbitrators shall nominate two together, as Chairman designate a member of the Tribunaltribunal. These two members shall elect a third- country national who, a third arbitrator who is a national with the approval of a third State having diplomatic relations with both contracting partiesContracting Parties, shall be appointed President of the Court. The arbitrators President shall be appointed within three a period of two months from the date on which either Contracting Party has informed of the appointment of the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chairtwo members.
(4. If ) If, within the periods time limits specified in paragraph (3) above of this article, the necessary appointments have not been made, either any of the Contracting Party may Parties may, in the absence of any other arrangement, invite the President of the International Court of Justice to make Make the necessary appointments. If the President of the International Court of Justice is a national of either one of the Contracting Party Parties, or if where for any reason he is unable to perform this such function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either one of the Contracting Party Parties, or if he is also prevented from exercising his mandateperforming that function, the most senior member of the International Court of Justice who immediately follows him in the order of precedence and is not a national of either Contracting Party shall Party, Shall be invited to make the necessary appointments.
(5. ) The arbitral tribunal shall decide on the basis of the provisions of this Agreement and the rules and principles of international law. the decision of the Arbitral Tribunal shall be adopted take its decision by a majority of votes. It Such a decision shall be final and binding on the both Contracting Parties. Each Contracting Party shall bear the cost expenses of its member of the arbitrator it has appointed Tribunal and of its representation in the arbitration proceedings and half arbitral proceedings. The expenses Of the costs President, as well as other expenses shall in principle be borne in equal parts by the Contracting Parties, however, the Arbitral Tribunal may determine in its decision that a greater proportion of the Chairman expenses be borne by one of the arbitral tribunal two Contracting Parties, and other expenses.
6this award Shall be binding on both Contracting Parties. Apart from the above the Tribunal shall establish The Court will determine its own rules of procedureProcess.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute disputes arising between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled between the two Contracting Parties through consultations and negotiations through diplomatic channels.
2. If In case of failure to resolve the dispute cannot be settled through diplomatic channels between the Contracting Parties within six months after the beginning of negotiationsit began, it shall be submitted to an arbitral tribunal at the request of one of its authorization should be referred to the Contracting PartiesParties to the arbitration court.
3. The Tribunal Such an arbitral tribunal shall be constituted for each individual case in the following manner: Each order. Within two months after receiving the request for arbitration, each Contracting Party shall appoint one arbitrator and these arbitrator. These two arbitrators shall nominate two together, as Chairman of the Tribunal, elect a citizen and then a third arbitrator who is a national of a third State having country maintains diplomatic relations with both contracting partiesContracting Parties who, with the consent of the two Contracting Parties shall be appointed Chairman of the arbitral tribunal. The arbitrators Chairman shall be appointed within three two months from the date on which either Contracting Party has informed of appointment of the other Contracting Party two members of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the ChairArbitral Tribunal.
4. If the periods specified in paragraph (3) above have 3 of this Article the necessary appointments terms will not been be made, either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national citizen of either Contracting Party or if he is unable can not, for whatever reason, to perform this the said function, then make the necessary appointments should be invited, Vice-President of the International Court of Justice shall be invited to make the necessary appointmentsCourt. If the Vice-President is a national of either Contracting Party or if he is prevented from exercising his mandatehe, too, can not perform these functions, then make the most senior appointments proposed for the next in seniority member of the International Court of Justice who is not a national of either Contracting Party shall be invited and can no obstacles to make the appointmentsfulfill specified function.
5. The arbitral tribunal shall determines its rules of procedure and decide on the basis of the provisions of this Agreement and the rules and principles of international law. the decision of the Tribunal shall be adopted by a majority of votesvote. It The arbitration award shall be final and binding on the upon both Contracting Parties. Each The Contracting Party Parties shall bear the cost of the arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs of the arbitrators and the Chairman in equal shares. The arbitral tribunal may, however, in its decision to determine that one of the arbitral tribunal Contracting Parties shall bear a larger share of spending, and other expensesthat decision is binding on both Contracting Parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled as far as possible, between the two Contracting Parties through diplomatic channels.
2. If In the dispute cannot be settled through diplomatic channels absence of a settlement within six months after the beginning of negotiations, it the dispute shall be submitted to an arbitral tribunal tribunal, at the request of one of the Contracting Parties.
3. The Tribunal shall be constituted in the following manneras follows: Each each Contracting Party shall appoint one arbitrator and these the two arbitrators shall nominate two together, as Chairman of the Tribunal, appoint a third arbitrator who is a national of a third State having diplomatic relations with both contracting partiesas Chairman of the Tribunal. The the arbitrators shall be appointed within three months and the Chairman within five months from the date on which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If the periods specified in paragraph (3) above have not been madecomplied with, either Contracting Party 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 either Contracting Party or if he is unable to perform prevented from exercising this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he is prevented from exercising his mandate, the most senior member of the International Court of Justice who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal shall decide on the basis of the provisions of this Agreement and the rules and principles of international law. the The decision of the Tribunal shall be adopted by a majority of votes. It shall be final and binding on the Contracting Parties.
6. The tribunal shall determine its own rules of procedure.
7. Each Contracting Party shall bear the cost of the its own arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs arbitral proceedings. The cost of the Chairman of and the arbitral tribunal and other expensesremaining costs shall be borne in equal parts by the Contracting Parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall shall, to the extent possible, be settled between the two Contracting Parties through diplomatic channels.
2. If the dispute cannot thus be settled through diplomatic channels within the period of six months after from the beginning start of negotiationsthe consultations, it shall be submitted submitted, upon request of either Contracting Party, to an arbitral tribunal at the request of one of the Contracting Partiestribunal.
3. The Tribunal arbitral tribunal shall be constituted in the following mannerway: Each each Contracting Party shall appoint one arbitrator and these arbitrators shall nominate two together, as Chairman member of the Tribunal, and those two members shall then select a third arbitrator who is a national citizen of a third State having diplomatic relations with both contracting partiesas chairman. The arbitrators members shall be appointed within three months months, and the chairman within five months, from the date on which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chairrequest for arbitration was received.
4. If within the periods specified in paragraph (3) above 3 of this Article the necessary appointments have not been made, either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of. Justice or the International Chamber of Justice Commerce to make the any necessary appointments. If the President of the International Court of Justice or the International Chamber of Commerce is a national of either Contracting Party or if he is unable to perform this otherwise prevented from discharging the said function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-Vice- President is a national citizen of either Contracting Party or if he is also prevented from exercising his mandatedischarging said function, the most senior member Member of the International Court of Justice or the International Chamber if Commerce next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal shall decide dictate its judgement on the basis of the provisions norms of this Agreement and other applicable agreements between the rules Contracting Parties, and on the basis of worldwide recognized principles of international lawInternational Law.
6. Unless agreed otherwise by the Contracting Parties, the arbitral tribunal shall determine its own procedure.
7. The arbitral tribunal shall reach its decision of the Tribunal shall be adopted by a majority of votes. It , such decision shall be final and binding on the for both Contracting Parties.
8. Each Contracting Party shall bear the cost of its own member of the arbitrator it has appointed tribunal and of its representation in the arbitration proceedings and half arbitral proceedings; the costs cost of the Chairman of and the arbitral tribunal and other expensesremaining costs shall be borne in equal parts by both Contracting Parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled between through negotiations. If so the two dispute will not be settled within six months, at the request of either Contracting Parties through diplomatic channelsParty, he shall be referred to the arbitral tribunal.
2. If the dispute cannot be settled through diplomatic channels within six months after the beginning of negotiations, it shall be submitted to an The arbitral tribunal at the request of one of the Contracting Parties.
3will be created separately for each case. The Tribunal shall be constituted in the following manner: Each Contracting Party Parties shall appoint one arbitrator and these arbitrators shall nominate two together, as Chairman member of the Tribunal, a third arbitrator who is court. The appointed members of the Court will elect a national of a third State having diplomatic relations with both contracting partiesas chairman of the court, which is by mutual agreement of the Contracting Parties shall be appointed Chairman of the tribunal. The arbitrators members of the Court shall be appointed within three two months from the date on which either when one of the Contracting Party has informed Parties gives the other Contracting Party written notice of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have The presiding judge will be appointed within three months to appoint from the Chairdate of appointment of its members.
43. If the periods specified in paragraph (3) above have 2 of this Article the necessary appointments terms will not been be made, either Contracting Party may invite may, in the President absence of any other agreement to turn to the International Court of Justice President to make the necessary appointments. If the President of the International Court of Justice is a national of either one of the Contracting Party Parties or if he is unable it may not, for any other reasons to perform this carry out the said function, then make the necessary appointments will be offered to the Vice-President of the International Court of Justice shall be invited to make the necessary appointmentsJustice. If the Vice-President president is a national of either one of the Contracting Party Parties or if he is prevented from exercising his mandateit also can not be said function, to make the most senior necessary appointments will be offered next in seniority of the member of the International Court of Justice who is not a national of either Contracting Party shall be invited to make the appointmentsParty.
54. The arbitral tribunal shall decide on the basis of the provisions of this Agreement and the rules and principles of international law. the takes a decision of the Tribunal shall be adopted by a majority of votes. It shall be final and binding on the Contracting Partiesvote, which has Binding. Each Contracting Party shall bear the cost expenses related to the activities of its designated member of the arbitrator it has appointed and of its representation in court. Costs associated with the arbitration proceedings and half the costs chairman of the Chairman of court activity, and other expenses The Contracting Parties shall bear in equal shares. For all other matters the arbitral tribunal and other expenses.
6. Apart from the above the Tribunal shall establish determine its own rules of procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall shall, if possible, be settled between the two Contracting Parties amicably through diplomatic channels.
2. If the dispute cannot thus be settled through diplomatic channels within six months after from the beginning of the negotiations, it shall shall, upon the request of either Contracting Party, be submitted to an arbitral tribunal at the request of one of the Contracting Partiestribunal.
3. The Tribunal arbitral tribunal shall be constituted in the following manneras follows: Each Contracting Party shall appoint one arbitrator and these two arbitrators shall nominate two together, as Chairman of the Tribunal, agree upon a third arbitrator who is a national citizen of a third State having diplomatic relations with both contracting partiesas Chairman. The arbitrators shall be appointed within three months, the Chairman within five months from the date on which either Contracting Party has informed the other Contracting Party of its intention that it intends to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If one of the periods Contracting Parties fails to appoint its arbitrator and has not proceeded to do so within the specified in paragraph (3) above have not been madeperiod, either the other Contracting Party may invite the President of the International Court of Justice to make the necessary appointments. If the two arbitrators are unable to reach an agreement, in the specified period, on the choice of the third arbitrator, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointments.
5. If, in the cases provided for in the fourth paragraph of the present Article, the President of the International Court of Justice is prevented from exercising the said function, or is a national citizen of either Contracting Party or if he is unable to perform this functionParty, the Vice-Vice President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-Vice President is a national of either Contracting Party or if he is prevented from exercising his mandatefulfiling of the said function or is a citizen of either Party, the most senior member of the International Court of Justice available, who is not a national citizen of either Contracting Party Party, shall be invited to make the necessary appointments.
56. The arbitral tribunal shall decide on the basis of International Law, including particularly the provisions of this present Agreement and other relevant agreements existing between the two Contracting Parties, as well as the generally acknowledged rules and principles of international lawInternational Law.
7. Unless the contracting Parties decide otherwise, the tribunal shall determine its own procedure.
8. The tribunal shall reach its decision of the Tribunal shall be adopted by a majority of votes. It Such decision shall be final and binding on the Contracting Parties.
9. Each Contracting contracting Party shall bear the cost costs of the arbitrator it has appointed by itself and of its representation in the arbitration proceedings and half the costs arbitral proceedings. The cost of the Chairman of as well as the arbitral tribunal and other expensescosts will be bom in equal parts by the Contracting Parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning regarding the interpretation or application of this Agreement shall be settled between the two Contracting Parties settled, as far as possible, by negotiations through diplomatic channelschannel.
2. If the dispute cannot be settled through diplomatic channels within six months after from the beginning of negotiations, it shall be submitted to an arbitral ad hoc tribunal at the request of one of the either Contracting PartiesParty.
3. The Tribunal arbitral tribunal shall be constituted in the following manneras follows: Each each Contracting Party shall appoint one arbitrator and these two arbitrators shall nominate two together, as Chairman of the Tribunal, a third arbitrator who is agree upon a national of a third State having diplomatic relations with both contracting partiesto be appointed as Chairman of the tribunal. The arbitrators shall be appointed within three months and the Chairman within five months from the date on which either Contracting Party Xxxxx has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If within the periods specified in paragraph (3) above 3 of this Article the necessary appointments have not been made, either Contracting Party 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 either one of the Contracting Party Parties or if he is unable to perform this otherwise prevented from discharging the said function, the Vice-Vice President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-Vice President is a national of either one of the Contracting Party Parties or if he is also prevented from exercising his mandatedischarging the said function, the most senior member of the International Court of Justice next in seniority who is not a national of either the Contracting Party Parties shall be invited to make the appointments.
5. The arbitral tribunal shall decide rule on the basis of the provisions of this Agreement and the rules and principles of international law. the decision of the Tribunal The tribunal shall be adopted reach its decisions by a majority of votes. It The decision shall be final and binding on the both Contracting Parties. Each Contracting Party shall enforce these decisions in accordance with its national laws and regulations.
6. The tribunal shall determine its own procedure.
7. Each Contracting Party shall bear the cost of the its arbitrator it has appointed and of its representation in to the arbitration proceedings and half the costs proceedings. The Cost of the Chairman of and any other costs shall be borne in equal parts by the arbitral tribunal and other expensesContracting Parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled between the two Contracting Parties through diplomatic channels.
2. If the dispute cannot be settled through diplomatic channels within six months after the beginning of negotiations, it shall be submitted to an arbitral tribunal at the request of one of the Contracting Parties.
3. The Tribunal shall be constituted in the following manner: Each Contracting Party shall appoint one arbitrator and these the two arbitrators shall nominate two together, as Chairman of the Tribunal, appoint a third arbitrator who is a national of a third State having diplomatic relations with both contracting partiesContracting Parties as Chairman of the Tribunal. The arbitrators shall be appointed within three months from the date on which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators arbitrators shall have three months to appoint the Chair.
4. If the periods specified in paragraph (3) 3 above have not been made, either Contracting Party 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 either Contracting Party or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he is prevented from exercising his mandate, the most senior member of the International Court of Justice who is not a national of either Contracting Party shall be invited to make the appointments.
5. The arbitral tribunal shall decide on the basis of the provisions of this Agreement and the rules and principles of international law. the The decision of the Tribunal shall be adopted by a majority of votes. It shall be final and binding on the Contracting Parties. Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs of the Chairman of the arbitral tribunal and other expenses.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shall be settled between the two Contracting Parties as far as possible through diplomatic channels.
2. If the dispute cannot be settled through diplomatic channels in this way within six months after from the beginning start of negotiations, it the Negotiations shall be submitted to an arbitral tribunal submitted, at the request of one either of the Contracting Partiestwo contracting parties to an arbitral tribunal.
3. The Tribunal arbitral tribunal shall be constituted in the following manneras follows: Each each Contracting Party shall appoint one arbitrator and these two arbitrators shall nominate two together, as Chairman elect a President of the Tribunal, a third arbitrator who Court is a national of a third State having diplomatic relations with both contracting partiescountry. The the arbitrators shall be appointed within three months and the Chairman within five months from the date on which either Contracting Party has informed the other Contracting Party contracting party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If the necessary appointments have been made within the periods specified in paragraph (3) above have not been made3 of this article, either a Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If if the President of the International Court of Justice is a national of either Contracting Party or if he is unable to perform this functionfunction for other purposes, it shall ask the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party one of the contracting parties or if he is prevented from exercising his mandate, nor to perform this function would be encouraged to make the most senior necessary appointments to the member of the International Court of Justice to continue in seniority who is not a national of either of the Contracting Party shall be invited to make the appointmentsParties.
5. The arbitral tribunal shall decide render its decision on the basis of respect for the Law, the provisions of this Agreement and as well as of the rules and generally accepted principles of international lawInternational Law.
6. Unless the Contracting Parties decide otherwise, the arbitral tribunal shall determine its own procedure.
7. The arbitral tribunal shall reach its decision of the Tribunal shall be adopted by a majority of votes. It votes and that decision shall be final and binding on the Contracting Partiesboth contracting parties.
8. Each Contracting Party shall bear the cost of the its own arbitrator it has appointed and of its representation in the arbitration proceedings and half arbitral proceedings, other costs, including the costs of President, shall be borne in equal parts by the Chairman of the arbitral tribunal and other expensestwo contracting parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shall be settled between the two Contracting Parties as far as possible through diplomatic channels.
2. If the dispute cannot be settled through diplomatic channels in this way within six months after from the beginning of negotiations, it the dispute shall be submitted to an arbitral tribunal submitted, at the request of one either of the Contracting Partiestwo contracting parties to an arbitral tribunal.
3. The Tribunal arbitral tribunal shall be constituted in the following manneras follows: Each each Contracting Party shall appoint one arbitrator and these two arbitrators shall nominate two together, as Chairman of the Tribunal, elect a third arbitrator who president is a national of a third State having diplomatic relations with both contracting partiesState. The the arbitrators shall be appointed within three months and the Chairman within five months from the date on which either Contracting Party has informed the other Contracting Party contracting party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If the necessary appointments have been made within the periods specified in paragraph (3) above have not been made3 of this article, either a Contracting Party may invite call, in the absence of any other agreement, the President of the International Court of Justice to make the necessary appointments. If if the President of the International Court of Justice is a national of either Contracting Party or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or unable to perform this function for other purposes, it shall ask the Vice-President to make the necessary appointments. if he the Vice-President is prevented from exercising his mandate, a national of one of the most senior contracting parties or nor to perform this function would be encouraged to make the necessary appointments to the member of the International Court of Justice to continue in seniority who is not a national of either of the Contracting Party shall be invited to make the appointmentsParties.
5. The arbitral tribunal shall decide reach its decision on the basis of the provisions of this Agreement and the rules and generally recognized principles of international law.
6. Unless the Contracting Parties decide otherwise, the arbitral tribunal shall determine its own procedure.
7. The arbitral tribunal shall reach its decision of the Tribunal shall be adopted by a majority of votes. It votes and shall be final and binding on the Contracting Partiesboth contracting parties.
8. Each Contracting Party shall bear the cost of the its own arbitrator it has appointed and of its representation in the arbitration proceedings and half arbitral proceedings. all other costs, including the costs of President, shall be borne in equal parts by the Chairman of the arbitral tribunal and other expensestwo contracting parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute dispute, between the Contracting Parties concerning the interpretation or I application of this Agreement shall be settled settled, as far as possible, between the two Contracting Contacting Parties through diplomatic channels.
2. If the dispute cannot be settled through diplomatic channels within six months after from the beginning of negotiations, it shall be submitted to an arbitral ad hoc tribunal at the request of one of the either Contracting PartiesParty.
3. The Tribunal arbitral tribunal shall be constituted in the following manneras follows: Each each Contracting Party shall shall, appoint one arbitrator and these two arbitrators shall nominate two together, as Chairman of the Tribunal, a third arbitrator who is agree upon a national of a third State having diplomatic relations with both contracting partiesto be appointed as Chairman of the tribunal. The arbitrators shall be appointed within three months and the Chairman within five months from the date on which either Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chair.
4. If the periods specified fixed in the paragraph (3) above have not been maderespected, either Contracting Party may of the Contracting'Parties 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 either one of the Contracting Party Parties or if he is unable prevented to perform exercise this function, the Vice-Vice President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-Vice President is a national of either one of the Contracting Party Parties or if he I is prevented from exercising his mandateto exercise this function, the member with the most senior member of function in the International Court of Justice Justice, who is not a national of either the Contracting Party Parties, shall be invited to make the appointments.
5. The arbitral tribunal shall decide decides on the basis of the provisions of this Agreement and the rules and principles of international law. the decision of the Tribunal The arbitral tribunal shall be adopted reach its decisions by a majority of votesvoices. It The decision shall be final and binding on the for both Contracting Parties.
6. The tribunal decides on its own proceedings.
7. Each Contracting Party shall bear the cost fees of the its arbitrator it has appointed and of its representation in the arbitration proceedings and half proceedings. Fees concerning the costs of the Chairman of the arbitral tribunal President and other expensesfees are borne in equal parts by the Contracting Parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall shall, as far as possible, be settled between the two Contracting Parties through governed by diplomatic channels.
2. If the When a dispute cannot be settled through diplomatic channels by this way, within six months after of the beginning of the negotiations, it shall be submitted to an arbitral tribunal shall, at the request of one of the Contracting Parties, to an arbitral tribunal.
3. The Tribunal arbitral tribunal shall be constituted ad-hoc in the following manner: Each each Contracting Party shall appoint one an arbitrator and these the two arbitrators shall nominate two together, as Chairman of the Tribunal, a third arbitrator who is select a national of a third State having diplomatic relations with both contracting partiesas chairman of the arbitral tribunal. The arbitrators shall be appointed within three months, the chairman within five months from of receipt of the date on which either Contracting Party has informed the other Contracting Party notice of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chairarbitration.
4. If If, within the periods time limits specified in paragraph (3) above of this Article, the necessary appointments have not been made, either Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of either one of the Contracting Party Parties or if he is unable to perform this functionprevented for any reason whatsoever from performing his duties, the Vice-President of the International Court of Justice Resident shall be invited to make the necessary appointments. If the Vice-President is a national of either one of the Contracting Party Parties or if he is also prevented from exercising his mandateperforming the said functions, the most senior member of the International Court of Justice Justice, immediately following the order and who is not a national one of either the Contracting Party shall be Parties, is invited to make the necessary appointments.
5. The arbitral tribunal shall decide on the basis of the law, the provisions of this Agreement and the rules and principles of international law.
6. The court determines its own procedure. He interprets the decision sentence at the request of the Tribunal shall be adopted either Contracting Party. The court rules by a majority of votes. It shall be Its decision is final and binding on the Contracting Parties.
7. Each Contracting Party shall bear the cost of the arbitrator it has appointed and of its representation in the arbitration proceedings and half the costs of the Chairman of the arbitral tribunal and other expenses.
6. Apart from the above the Tribunal shall establish expenses relating to its own rules of procedurearbitrator and his representation. The expenses relating to the President and all other expenses shall be borne equally by the Contracting Parties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shall be settled between the two Contracting Parties as far as possible through diplomatic channels.
2. If the dispute cannot be settled through diplomatic channels in this way within six months after the beginning of negotiationsmonths, it shall be submitted upon written request of either of the two contracting parties to an arbitral tribunal at the request of one of the Contracting Partiesin accordance with this article.
3. The Tribunal arbitral tribunal shall be constituted for each individual case in the following mannerway: Each within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator and these arbitrators shall nominate two together, as Chairman member of the Tribunal, a third arbitrator who is . these two members shall select a national of a third State having diplomatic relations with both contracting partieswho on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as "President"). The arbitrators the Chairman shall be appointed within three months from the date on which either Contracting Party has informed of appointment of the other Contracting Party of its intention to submit the dispute to an arbitral tribunal. Arbitrators shall have three months to appoint the Chairtwo members.
4. If the necessary appointments have been made within the periods specified in paragraph (3) above have not been made3 of this article, either a Contracting Party may may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If if the President of the International Court of Justice is a national of either Contracting Party or if he is unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or unable to perform this function for other purposes, it shall ask the Vice-President to make the necessary appointments. if he the Vice-President is prevented from exercising his mandate, a national of one of the most senior contracting parties or nor to perform this function would be encouraged to make the necessary appointments to the member of the International Court of Justice to continue in seniority who is not a national of any of the Parties contratantes.apartado 3 of this article, a Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. if the President is a national of either Contracting Party or unable to perform this function for other purposes, it shall ask the Vice-President to make the necessary appointments. if the Vice-President is a national of one of the contracting parties or nor to perform this function would be encouraged to make the necessary appointments to the member of the International Court of Justice to continue in seniority who is not a national of either of the Contracting Party shall be invited to make the appointmentsParties.
5. The arbitral tribunal shall decide render its decision on the basis of respect for the provisions of this Agreement law and the rules and contained in this Agreement or in other agreements in force between the contracting parties, as well as of the generally accepted principles of international law.
6. Unless the Contracting Parties decide otherwise, the arbitral tribunal shall determine its own procedure.
7. The arbitral tribunal shall reach its decision of the Tribunal shall be adopted by a majority of votes. It votes and that decision shall be final and binding on the Contracting Partiesboth contracting parties.
8. Each Contracting Party shall bear the cost costs of the arbitrator appointed by it has appointed and of its representation in the arbitration proceedings and half the costs of the Chairman of the arbitral tribunal and proceedings. The other expenses, including the President, shall be borne in equal parts by the two contracting parties.
6. Apart from the above the Tribunal shall establish its own rules of procedure.
Appears in 1 contract
Samples: Agreement on the Reciprocal Promotion and Protection of Investments