Settlement of Disputes between the Parties. 1. Any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channel.
2. If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, each Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal.
4. If the arbitral tribunal has not been constituted within 4 months from the receipt of the written notice requesting arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments.
5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties.
6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Parties. The arbitral tribunal shall, upon the request of either Party, explain the reasons of its award.
7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Parties.
Settlement of Disputes between the Parties. 1. Disputes between the Parties concerning the interpretation and application of this Agreement shall, as far as possible, be settled by negotiations through the diplomatic channel.
2. If the dispute cannot be settled within six months from the beginning of negotiations, it shall at the request in writing of either Party, through the diplomatic channel, be submitted to an ad hoc arbitration tribunal and shall be constituted as follows.
3. The arbitration tribunal shall consist of three arbitrators who shall be appointed as follows:
a) Within two months of the receipt of the written request for arbitration, each Party shall appoint one arbitrator;
b) Within one month of their appointment, these two arbitrators shall jointly select a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of the arbitration tribunal.
4. If within the periods specified in paragraph 3 of this article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make those appointments.
5. If the President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court shall be invited to make the necessary appointments.
6. If the Vice-President is equally prevented from carrying out the said function or if he is a national of either Party, the member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party shall be invited to make the necessary appointments.
7. The arbitration tribunal shall determine its own rules of procedure.
8. The arbitration tribunal shall decide on the basis of the provisions of this Agreement as well as of the applicable international law.
9. The arbitration tribunal shall decide by a majority of votes and its decisions shall be final and binding on both Parties.
10. In case of disagreement as to the meaning and scope of the decision, the tribunal shall interpret it at the request of either Party.
11. Each Party shall bear the cost of its own arbitrator and of its representation in the arbitral proceedings.
12. The cost of the chairman and the remaining costs shall be borne in equal parts by both Parties.
13. The tribunal may decide on a different distribution of the costs.
Settlement of Disputes between the Parties. This Agreement shall be governed by general principles of international law, which shall be deemed to include the UNIDROIT General Principles of International Commercial Contracts (2010). Any dispute, controversy or claim arising out of or relating to this Agreement shall be resolved in accordance with the relevant provisions of the Basic Agreement or, failing such provision, if not settled by negotiation or other agreed mode of settlement, shall be submitted to arbitration at the request of either Party. Each Party shall appoint one arbitrator, and the two arbitrators so appointed shall appoint a third, who shall be the chairman. If within thirty days of the request for arbitration either Party has not appointed an arbitrator or if within fifteen days of the appointment of two arbitrators the third arbitrator has not been appointed, either Party may request the President of the International Court of Justice to appoint an arbitrator. The procedure of the arbitration shall be fixed by the arbitrators, and the expenses of the arbitration shall be borne by the Parties as assessed by the arbitrators. The arbitral award shall contain a statement of the reasons on which it is based and shall be accepted by the Parties as the final adjudication of the dispute.
Settlement of Disputes between the Parties to the Agreement
1. Disputes of the Parties to the Agreement in relation to interpretation or application of this Agreement shall be settled, to the utmost extent, through negotiations between the Parties to the Agreement.
2. If a dispute between the Parties to the Agreement fails to be settled in that manner within six months from the beginning of negotiations, it shall be submitted, at the request of one Party to the Agreement, to an arbitration court.
3. Arbitration Court from paragraph 2 of this Article shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following the reception of an arbitration request, each Party to the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president of the International Court of Justice, in absence of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that function, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member of the International Court of Justice subsequent according to seniority being not a citizen of any of the Parties to the Agreement shall be asked to perform the necessary appointments.
5. Arbitration court shall make decisions pursuant to provisions of this Agreement, as well as widely accepted principles and rules of the international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work procedure.
6. Each Party to the Agreement shall bear costs of its member to the court and his/her participation in arbitration procedures. The costs of the president and other costs shall be equally at the expense of both Parties to the Agreement.
Settlement of Disputes between the Parties. 1. The Parties shall endeavour to resolve any dispute between them connected with this Agreement by prompt and friendly consultations and negotiations.
2. If a dispute is not resolved by such means within six months of one Party seeking in writing such negotiations or consultations, it shall be submitted at the request of either Party to an Arbitral Tribunal established in accordance with the provisions of Annex A of this Agreement or, by agreement, to any other international tribunal.
Settlement of Disputes between the Parties. 1. The two Contracting Parties shall endeavour, in good faith and in a spirit of cooperation to achieve prompt and fair settlement of any dispute between them regarding the interpretation, application or termination of this Agreement. In this regard, the Contracting Parties agree to enter in direct and meaningful negotiations to arrive to a settlement. If the parties did not reach an agreement within a period of six months from the date on which the question was raised by one of the Contracting Parties, it may be submitted at the request of either Party, to an arbitral tribunal composed of three members.
2. Within a period of two months from the date of receipt of the said request, each Contracting Party shall in turn designate a third-country national as President of the Court. If one of the Contracting Parties has not designated its arbitrator within the period indicated, the other Contracting Party may request the President of the International Court of Justice to designate an arbitrator. If the two arbitrators fail to agree on the choice of the President within two months of their appointment, the President shall be designated, upon request of either Contracting Party, by the President of the International Court of Justice (ICJ).
3. If, moreover, the President of the International Court of Justice (CIJ) is unable to exercise his functions in accordance with the preceding paragraphs 2 and 3 of this article, or if the President of the International Court of Justice is a national of one of the Contracting Parties, the Vice-President of the International Court of Justice will take the decision to proceed with the appointment. However, if the Vice-President cannot exercise this function or if he is a national of one of the Contracting Parties, then the senior member after the Vice-President will take the decision to appoint, provided that he does not is not a national of a country of one of the Contracting Parties.
4. The arbitral tribunal shall take its decisions by majority vote, and those decisions are final and enforceable by the Contracting Parties.
5. Regarding its procedures, the tribunal apply the principles of UNCITRAL, and regarding the substance of the dispute, apply the rules of this Agreement, the applicable provisions of international law. The place of arbitration will be The Hague (Netherlands), or Stockholm (Sweden).
6. All complaints must be submitted and all debates closed within eight months of the date of appointment of the third member ...
Settlement of Disputes between the Parties. Disputes between the Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled amicably or through consultations.
Settlement of Disputes between the Parties. 1. In terms of this chapter, amending article XX (dispute settlement) applies to the settlement of disputes between the parties concerning this chapter.
2. The Financial Services Committee shall be by consensus a list of up to 10 individuals including up to five individuals of each Party who have the skills and necessary provisions to serve as arbitrators in disputes related to this chapter. members of the roster shall, in addition to satisfy the requirements set out in chapter XX (dispute settlement), have expertise or experience in financial matters arising from the exercise of responsibilities in the financial sector, or in its regulation.
3. For the purposes of the Constitution of the arbitral tribunal shall be used the list referred to in paragraph 2, except that warring parties agree that may be part of the arbitral tribunal individuals not included in the list provided that they comply with the requirements established in paragraph 2. the Chairman of the arbitral tribunal provided shall be selected from the roster.
4. In any dispute where the arbitral tribunal has found that a measure is inconsistent with the obligations of this chapter, where appropriate the suspension of benefits referred to in chapter XX (dispute settlement) and the measure affects:
a) Only the financial services sector, the complaining party may suspend benefits only in this sector;
b) The financial services sector and any other sectors, the complaining party may suspend benefits in the financial services sector that have an effect equivalent to the effect of the measure in the financial services sector; or
c) Any other sector except services, the complaining party may not suspend benefits in the financial services sector.
Settlement of Disputes between the Parties. Settlement of disputes between the parties
Settlement of Disputes between the Parties. 1. Once the procedure under paragraph 3 of Article 24 has been exhausted and the dispute has not been resolved, either Party may submit the dispute to an ad hoc Arbitral Tribunal, in accordance with the provisions of this Article. Alternatively, the Parties may choose, by mutual agreement, to submit the dispute to a permanent arbitration institution for settlement of investment disputes. Unless the Parties decide otherwise, such institution shall apply the provisions of this Article.
2. The purpose of the arbitration is to determine the conformity with this Agreement of a measure that a Party claims to be not in conformity with the Agreement.
3. The following may not be subject to arbitration: Article 13 - Security Exceptions; Article 14 -
