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.
Appears in 44 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes between the Parties concerning regarding the interpretation and or application of the provisions of this Agreement shall, as far as possible, shall be settled by negotiations through the diplomatic channelnegotiations.
2. If dispute between the dispute canParties can not thus be settled within six months from the beginning of negotiationstwelve months, it shall at upon the written request in writing of either Party, through the diplomatic channel, be submitted to an ad hoc arbitration arbitral 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 members. Each Party shall appoint one arbitrator;
b) Within one month of their appointment, and these two arbitrators arbitrator shall jointly select nominate a chairman who shall be national of a third State with whom both Parties maintain diplomatic relations who will act as chairman State.
3. If one of the arbitration tribunalParties has not appointed its arbitrator and has not follow the invitation of the other Party to make that appointment within two months, the arbitrator shall be appointed, upon the request of the latter Party, by the President of the International Court of Justice.
4. If both arbitrators cannot reach an agreement on the choice of the chairman within two months after they have been appointed, the periods specified in paragraph 3 chairman shall be appointed upon the request of this article the necessary appointments have not been made, either Party mayby the President of the International Court of Justice.
5. If, in the absence cases specified under paragraph (3) and (4) of any other agreementthis Article, 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 appointment shall be invited to make made by the necessary appointments.
6. If Vice- President, and if the Vice-President latter is equally prevented from carrying out the said function or if he is a national of either Party, the member appointment shall be made by the most senior Judge 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 appointmentsParty.
76. The arbitration Subject to other provisions agreed by the Parties, the 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.
117. Each Party shall bear the cost of its own the arbitrator it has appointed and of its representation in the arbitral proceedings.
12. The cost of the chairman and the remaining other costs associated with the conduct of arbitral proceedings shall be borne in equal parts by both the Parties.
138. The tribunal may decide on a different distribution decisions of the coststribunal shall be final and binding for each Party.
Appears in 15 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes between the Parties concerning the interpretation and or application of this Agreement shallshould, as far as if possible, be settled by negotiations through the diplomatic channelchannels.
2. If a dispute between the dispute Parties cannot thus be settled within after a period of six months from the date of beginning of negotiations, it shall at upon the request in writing of either Party, through the diplomatic channel, Party be submitted to an ad hoc arbitration tribunal and shall be constituted arbitral tribunal, as followsagreed upon by the Parties.
3. The arbitration Such an arbitral tribunal shall consist of be constituted for each individual case in the following way. Within 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 member of their appointment, these the tribunal. Those two arbitrators members shall jointly then select a national of a third State with whom both who, on approval by the two Parties maintain diplomatic relations who will act as chairman shall be appointed within two months from the date of appointment of the arbitration tribunalother two members.
4. If within the periods specified in paragraph 3 of this article Article one of the necessary appointments have Parties fails to appoint an arbitrator or a Chairman cannot been madebe selected, either Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to make those any necessary appointments.
5. If the President is prevented from carrying out the said function a national of either Party or if he is a national of either Partyotherwise prevented from discharging the said function, the Vice-Vice President of the Court shall be invited to make the necessary appointments.
6. If the Vice-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 Party or if he is not too prevented from discharging the said function and function, the members of the International Court of Justice next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
75. The arbitration arbitral tribunal shall base its decisions on the provisions of this Agreement and the rules and principles of the international law, and shall reach its decisions by a majority of votes. Such decision shall be final and binding for both Parties.
6. The arbitral tribunal shall determine its own rules of procedureproceedings.
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.
117. Each Party shall bear the cost of its own arbitrator member of the tribunal and of its representation in the arbitral proceedings.
12. The proceeding; the cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Parties.
8. A dispute shall not be submitted to an international arbitration tribunal under the provisions of this Article, if the same dispute has been brought before another international arbitration tribunal under the provisions of Article VIII and is still before the tribunal. This will not impair the engagement in direct and meaningful negotiation between both Parties.
13. The tribunal may decide on a different distribution of the costs.
Appears in 9 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shal have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the third arbitrator, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 9 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes Any dispute between the Parties concerning the interpretation and or application of this Agreement Treaty shall, as far as possible, be settled by negotiations through the diplomatic channelnegotiations.
2. If the any dispute cannot be settled within six months from the beginning of negotiationsthus settled, it shall at upon the request in writing of either Party, through the diplomatic channel, Party be submitted to an ad hoc arbitration arbitration. The arbitral tribunal (hereafter, "the tribunal") shall consist of three arbitrators, one appointed by each Party and the third, who shall be constituted as followsthe Chairperson of the tribunal, appointed by agreement of the Parties.
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 , and within two months 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 such appointment of the arbitration tribunaltwo arbitrators, the Parties shall appoint the third arbitrator.
4. If within the periods specified in paragraph 3 of this article the necessary appointments have tribunal has not been madeconstituted within four months of receipt of the request for arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make those appointments.
5appoint the arbitrator or arbitrators not yet appointed. If the President is prevented from carrying out the said function a national of either Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either PartyParty or if he is unable to do so, the Vice-President Member of the International Court shall of Justice next in seniority who is not a national of either Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
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 The tribunal's decision shall be invited to make final and the necessary appointmentsParties shall abide by and comply with the terms of its award.
7. Each Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairperson and the remaining costs. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall determine be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above, the tribunal shall, in consultation with the Parties, establish 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.
Appears in 5 contracts
Samples: Bilateral Investment Treaty, Bilateral Investment Treaty, Bilateral Investment Treaty
Settlement of Disputes between the Parties. 1. Disputes Any dispute between the Parties concerning the interpretation and or application of this Agreement shallthe Treaty, as far as possiblethat is not resolved through consultations or other diplomatic channels, shall be settled submitted upon the request of either Party to an arbitral tribunal for binding decision in accordance with the applicable rules of international law, provided that six months have elapsed from the date the matter was first raised. In the absence of an agreement by negotiations through the diplomatic channelParties to the contrary, the UNCITRAL Arbitration Rules shall govern, except to the extent these rules are (a) modified by the Parties or (b) modified by the arbitrators unless either Party objects to the proposed modification.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall, within a period of two months, select a third arbitrator as Chairman, who shall jointly select be a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman state. The UNCITRAL Arbitration Rules applicable to appointing members of three member panels shall apply mutatis mutandis to the appointment of the arbitration tribunalarbitral panel except that the appointing authority referenced in those rules shall be the Secretary General of the Centre.
3. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within six months of the date of selection of the third arbitrator, and the arbitral panel shall render its decisions within two months of the date of the final submissions or the date of the closing of the hearings, whichever is later.
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 pay the cost of its own arbitrator and costs of its representation in the arbitral proceedings.
12. The cost Expenses incurred by the Chairman and other arbitrators, and other costs of the chairman and the remaining costs proceedings, shall be borne in equal parts paid for equally by both the Parties.
13. The However, the arbitral tribunal may decide on a different distribution may, taking into account the circumstances of the costscase, at its discretion, reapportion such costs between the Parties if it determines that reapportionment is reasonable.
Appears in 5 contracts
Samples: Investment Treaty, Treaty, Investment Treaty
Settlement of Disputes between the Parties. 1. 1 — Disputes between the Parties concerning the interpretation and or application of this Agreement shall, shall be settled as far as possible, be settled possible by negotiations through the diplomatic channelnegotiations.
2. 2 — If the a dispute according to paragraph 1 of this article cannot be settled within six (6) months from the beginning of negotiations, it shall at upon the request in writing of either Party, through the diplomatic channel, Party be submitted to an ad hoc arbitration arbitral tribunal.
3 — Such arbitral tribunal and shall be constituted ad hoc 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, arbitrator and these two arbitrators shall jointly select agree upon a national of a third State with whom both Parties maintain diplomatic relations who will act as their chairman. Such arbitrators shall be appointed within two (2) months from the date one Party has informed the other Party, of its intention to submit the dispute to an arbitral tribunal, the chairman of the arbitration tribunalwhich shall be appointed within two (2) further months.
4. 4 — If within the periods specified in paragraph 3 of this article the necessary appointments have are not been madeobserved, either Party may, in the absence of any other agreementrelevant arrangement, invite the President of the International Court of Justice to make those the necessary appointments.
5. If the President is prevented from carrying out of the said function or if he International Court of Justice is a national of either Partyof the Parties or if he is otherwise prevented from discharging the said function, the Vice-President president or in case of his inability the member of the International Court shall of Justice next in seniority should be invited under the same conditions 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. 5 — The arbitration tribunal shall determine establish its own rules of procedure.. Diario da Republica, 1. a serie — N.° 121 — 25 de junho de 2012 3197
8. 6 — The arbitration arbitral tribunal shall decide on the basis reach its decision in virtue of the provisions present Agreement and pursuant to the rules of this Agreement as well as of the applicable international law.
9. The arbitration tribunal It shall decide reach its decision by a majority of votes and its decisions votes; the decision shall be final and binding on both Partiesbinding.
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. 7 — Each Party shall bear the cost costs of its own arbitrator member and of its legal representation in the arbitral arbitration proceedings.
12. The cost costs of the chairman and the remaining costs shall be borne in equal parts by both Parties.
13. The tribunal may decide on a different may, however, in its award determine another distribution of the costs.
Appears in 4 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a national of a third State with whom both Parties maintain diplomatic relations who will act arbitrator as chairman of Chairman. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the chairman, who shall be a national of a third State with which both countries have diplomatic relations, shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made be the Vice-president, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party .
5. The tribunal shall have three months from the date of the selection of the chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the third arbitrator, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article 9 and still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 4 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a soirit of cooDeraiton a rapid and eauitable solution to any disoute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage ' in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of disoute between themselves through the diplomatic channelforegoing procedure, the disoute may be submitted, uoon the reauest of either Party, to an arbitral tribunal of three members.
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, a reouest. each Party shall appoint one abboint an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. - In the arbitration tribunal.
4. If event either Party fails to aDDoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may reauest the President of the International Court of Justice to make those appointmentsthe appointment.
53. If I_f both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed uoon the reauest of either Party by the President of the international Court of Justice.
4. If. in the cases SDecified under paragraphs (2") and [3) of this Article. the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the apDointment shall be made bv the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to spree uoon rules of procedure consistent with the other provisions of this agreement. In the absence of such agreement, the tribunal shall reauest the President of the International Court of Justice to designate rules Of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the third arbitrator, and the tribunal shall render its decision within two months after tahe date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions. which shall be final and binding, by a majority of votes.
7. The arbitration tribunal shall determine its own rules of procedure.
8. The arbitration tribunal shall decide on Exoenses incurred by the basis Chairman, the other arbitrators, and other costs 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 proceedings shall be final and binding on both paid for eoually by the 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 may, however, at its discretion, decide on that a different distribution higher Drooortion of the costscosts be Daid by one of the Parties.
Appears in 4 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 4 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of negotiations between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months from the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings whichever is later The arbitral tribunal shall reach its decision which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman the other arbitrators and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still pending before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
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 Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral' tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Contracting Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two (2) months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraph (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The Tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provision of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still before the applicable international law.
9tribunal. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes between the Parties. (1. Disputes ) Any dispute between the Parties concerning the interpretation and or application of this Agreement shallshould, as far as if possible, be settled by through negotiations through between the diplomatic channelParties.
(2. ) If the dispute cannot thus be settled within a period of six months from months, following the beginning of negotiationsdate on which such negotiations were requested by either Party, it shall at upon the request in writing of either Party, through the diplomatic channel, Party be submitted to an ad hoc arbitration arbitral tribunal.
(3) Such an arbitral tribunal and shall be constituted as follows.
3for each individual case in the following way. The arbitration tribunal shall consist of Within 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 member of their appointment, these the tribunal. Those two arbitrators members shall jointly then select a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman shall be appointed Chairman of the arbitration tribunal. The Chairman shall be appointed within three months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 of this article sub-Article (3) the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the President of the tie International Court of Justice to make those any necessary appointments.
5. If the President is prevented from carrying out the said function or if he is a national of either PartyParty or is otherwise prevented from discharging the said function, 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 Contracting Party or also is not prevented from discharging the said function and function, the Member of the international Court of Justice next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
7. (5) The arbitration tribunal shall determine its own rules of procedure.
8. The arbitration arbitral tribunal shall decide on the basis of the provisions of dispute according to this Agreement as well as and the principles of the applicable international law.
9. The arbitration arbitral tribunal shall decide reach its decision by a majority of votes and its decisions votes. Such decision 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. (6) Each Party shall bear the cost costs of its own arbitrator member of the tribunal and of its representation in the arbitral proceedings.
12. The cost of the chairman Chairman and the remaining costs cost shall be borne in equal parts by both the Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties.
13. (7) The tribunal may decide on a different distribution of shall determine its own procedures, unless the costsParties agree otherwise.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article 7 and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall endeavour to resolve any dispute between the Parties concerning the interpretation and application of them connected with this Agreement shall, as far as possible, be settled by negotiations through the diplomatic channelprompt and friendly consultations and negotiations.
2. If the a dispute canis not be settled resolved by such means within six months from the beginning of negotiationsone Party seeking in writing such negotiations or consultations, it shall be submitted at the request in writing of either Party, through the diplomatic channel, be submitted Party to an ad hoc arbitration tribunal and shall be constituted as followsArbitral Tribunal established in accordance with the provisions of this Article or, by agreement, to any other international tribunal.
3. The arbitration tribunal Arbitral Tribunal referred to in paragraph 2 of this Article shall consist of three arbitrators who persons appointed as follows:paragraph 2 of this Article shall be consist of three persons appointed as follows:
(a) Within two months of the receipt of the written request for arbitration, each Each Party shall appoint one arbitrator;
(b) Within one month The arbitrators appointed by the Parties shall, within thirty days of their appointmentthe appointment of the second of them, these two arbitrators shall jointly by agreement, select a national third arbitrator who shall be a citizen or permanent resident of a third State with whom both Parties maintain country which has diplomatic relations with both Parties;
(c) The Parties shall, within thirty days of the selection of the third arbitrator, approve the selection of that arbitrator who will shall act as chairman Chairman of the arbitration tribunalTribunal.
4. If Arbitration proceedings shall be instituted upon notice being given through diplomatic channels by the Party instituting such proceedings to the other Party. Such notice shall contain a statement setting forth in summary form the grounds of the claim, the nature of the relief sought, and the name of the arbitrator appointed by the Party instituting such proceedings. Within sixty days after the giving of such notice the respondent Party shall notify the Party instituting proceedings of the name of the arbitrator appointed by the respondent Party.
5. If, within the periods specified time limits provided for in paragraph 3 3(b), paragraph 3(c) and paragraph 4 of this article Article, the necessary appointments have required appointment has not been mademade or the required approval has not been given, either Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointments.
5the necessary appointment. If the President is prevented from carrying out the said function a citizen or if he is a national permanent resident of either PartyParty or is otherwise unable to act, the Vice-President of the Court shall be invited to make the necessary appointments.
6appointment. If the Vice-President is equally prevented from carrying out the said function a citizen or if he is a national permanent resident of either PartyParty or is unable to act, the member Member of the International Court of Justice next in seniority who is not prevented from discharging the said function and is not a national citizen or permanent resident of either Party shall be invited to make the appointment.paragraph 3(b), paragraph 3(c) and paragraph 4 of this Article, the required appointment has not been made or the required approval has not been given, either Party may request the President of the International Court of Justice to make the necessary appointmentsappointment. If the President is a citizen or permanent resident of either Party or is otherwise unable to act, the Vice- President shall be invited to make the appointment. If the Vice-President is a citizen or permanent resident of either Party or is unable to act, the Member of the International Court of Justice next in seniority who is not a citizen or permanent resident of either Party shall be invited to make the appointment.
6. In case any arbitrator appointed as provided for in this Article shall resign or become unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.
7. The arbitration tribunal Arbitral Tribunal shall convene at such time and place as shall be fixed by the Chairman of the Tribunal. Thereafter, the Arbitral Tribunal shall determine its own rules of procedurewhere and when it shall sit.
8. The arbitration tribunal Arbitral Tribunal shall decide on all questions relating to its competence and shall, subject to any agreement between the basis Parties, determine its own procedure.
9. Before the Arbitral Tribunal makes a decision, it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably. The Arbitral Tribunal shall reach its award by majority vote taking into account the provisions of this Agreement as well as Agreement, the international agreements both Parties have concluded and the generally recognised principles 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 costs of its own arbitrator and of its representation in the arbitral proceedings.
12appointed arbitrator. The cost costs of the chairman Chairman of the Tribunal and other expenses associated with the remaining costs conduct of the arbitration shall be borne in equal parts by both Parties. The Arbitral Tribunal may decide, however, that a higher proportion of costs shall be borne by one of the Parties.
1311. The tribunal Arbitral Tribunal shall afford to the Parties a fair hearing. It may decide render an award on the default of a different distribution Party. Any award shall be rendered in writing and shall state its legal basis. A signed counterpart of the costsaward shall be transmitted to each Party.
12. An award shall be final and binding on the Parties.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes between the Parties concerning regarding the interpretation and or application of this Agreement shallshall be resolved to the extent possible through consultations and negotiations. In this sense, as far as possible, be settled by the Parties agree to hold direct objective consultations and negotiations through the diplomatic channelto reach such an agreement.
2. If the dispute cancontroversy has not be settled been resolved within six a period of eight months from the beginning date on which the matter was raised by any of negotiationsthe Parties, it shall may be presented at the request in writing of either Party, through the diplomatic channel, be submitted to Party before an ad hoc arbitration arbitral tribunal and shall be constituted as followscomposed of three members.
3. The arbitration tribunal shall consist Within a period of three arbitrators who shall be appointed as follows:
a) Within two months from the date of the receipt of the written request for arbitrationindicated in paragraph 2, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, and these two arbitrators shall jointly select appoint, within a period of two months and with the approval of both Parties, a third-State national of a third State with whom both Parties maintain diplomatic relations who will act as chairman President of the arbitration arbitral tribunal.
4. If within the periods specified in paragraph 3 of this article the necessary appointments have not been made, either any Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make those the necessary appointments.
5. In the event that he is unable to perform said function, the Vice President will be invited to make the necessary appointments. If the Vice President is prevented from carrying out a national of any of the said function parties or if he is also disqualified to perform said function, the longest-serving member of the International Court of Justice who is not a national of either Party, the Vice-President of the Court shall Party will 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.
75. The arbitration arbitral tribunal shall determine make its own rules of procedure.
8decision by majority vote. 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 Said decision shall be final and binding on both Parties.
10. In case of disagreement as to the meaning and scope of the decision, the The arbitral tribunal shall interpret it at base its decision on the request relevant provisions of either Party.
11this Agreement and in accordance with international law. Each Party shall bear the cost of expenses resulting from its own arbitrator member of the arbitral tribunal and of its representation in the arbitral proceedings.
12. The cost arbitration procedure; the expenses of the chairman President and the remaining costs expenses shall be borne shared equally between the Parties. Unless the Parties agree otherwise, the arbitral tribunal shall establish its own rules of procedure, in equal parts by both consultation with the Parties.
13. The tribunal may decide on a different distribution of the costs.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possiblethe Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the foregoing procedure, the dispute may be settled by negotiations through submitted, upon the diplomatic channelrequest of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognizad rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shal be made and all hearings shall be invited to make completed within eight months of the necessary appointmentsdate of selection of the third arbitrator, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article X and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaninful negotiations between 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.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of negotiations between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice- President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months from the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decision, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still pending before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes between the Parties 1 — Any disputes concerning the interpretation and or application of this Agreement shall, as far as possible, shall be settled by negotiations through the amicably negotiation and diplomatic channelchannels.
2. 2 — If the dispute cannot be settled Parties fail to reach such settlement within six (6) months from after the beginning of negotiations, it shall at the dispute shall, upon the request in writing of either Party, through the diplomatic channel, be submitted to an ad hoc arbitration tribunal and arbitral tribunal, in accordance with the provisions of the following paragraphs.
3 — The Arbitral Tribunal shall be constituted as follows.
3. The arbitration tribunal shall consist of three arbitrators who shall be appointed constituted, as follows:
a) Within Each Party shall appoint one arbitrator within two (2) months of the receipt of the written request for arbitration;
b) The two shall together within two (2) months appoint a national of a third State with whom both States have diplomatic relations as president of the arbitral tribunal.
4 — If the arbitral tribunal is not constituted within four (4) 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 may request 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. 5 — If the Vice-President is equally prevented from carrying out of the said function or if he International Court of Justice is a national of either Partyone of the Parties or is prevented from making the appointments for any other reason, the next member of the International Court next in seniority of Justice who is not prevented from discharging the said function and is not a national of either Party or who is not prevented shall be invited requested to make the necessary appointments.
7. 6 — The arbitration President and other members of the International Court of Justice shall namely be prevented from making appointments when they are not a national of a third State with whom both States have diplomatic relations.
7 — The arbitral tribunal shall determine its own rules of procedure.
8. The arbitration tribunal procedure and shall decide on the basis of render its decisions in accordance with the provisions of this Agreement as well as and the International Law.
8 — The decision of the applicable international law.
9. The arbitration tribunal shall decide by a majority of votes and its decisions arbitral tribunal, which shall be final and binding on both Parties, shall be by majority vote.
10. 9 — In case the event of disagreement dispute as to the meaning and or scope of the decision, the arbitral tribunal shall interpret construe it at upon the request of either any Party.
11. 10 — Each Party shall bear the cost of costs for its own arbitrator and of for its representation in before the arbitral proceedings.
12. The cost of tribunal, being the chairman costs with the president and with the remaining costs shall be borne in equal parts by both tribunal shared equally between the Parties.
13. 11 — The arbitral tribunal may decide on make a different distribution of the decision regarding costs.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice- President, and if the Vice- President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes between the Parties. Concerning Interpretation or Application of this Treaty
1. Disputes Any dispute between the Parties concerning the interpretation and or application of this Agreement shallTreaty should, as far as if possible, be settled by negotiations resolved through the diplomatic channelchannels.
2. If the dispute cannot be settled within six months from the beginning of negotiationsresolved through diplomatic channels, it shall at shall, upon the agreement of the Parties, be submitted to the International Court of Justice.
(a) In the absence of such agreement, the dispute shall, upon the written request in writing of either Party, through the diplomatic channel, be submitted to an ad hoc arbitration arbitral tribunal for binding decision in accordance with the applicable rules and shall be constituted as followsprinciples of international law.
3. (b) The arbitration tribunal Tribunal shall consist of three arbitrators who arbitrators, one appointed by each Party, and a Chairman appointed by agreement of the other two arbitrators. The Chairman shall not be a national of either Party. Each Party shall appoint an arbitrator within 60 days, and the Chairman shall be appointed as follows:within 90 days, after a Party has requested arbitration of a dispute.
a(c) Within two months of If the receipt of the written request for arbitration, each Party shall appoint one arbitrator;
period set forth in (b) Within one month of their appointmentabove are not met, 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, and in the absence of any some other agreementarrangement between the Parties, either Party may invite the President of the International Court of Justice to make those appointments.
5the necessary appointment. If the President is prevented from carrying out a national of either of the said function Parties or is unable to act for any reason, either Party may invite the Vice President, or if he is also a national of either Party or otherwise unable to act, the next most senior member of the International Court of Justice, to make the appointment.
(d) In the event that an arbitrator is for any reason unable to perform his duties, a replacement shall be appointed within thirty (30) days of determination thereof, utilizing the same method by which the arbitrator being replaced was appointed. If a replacement is not appointed within the time limit specified above, either Party may invite the President of the International Court of Justice to make the necessary appointment. If the President is a national of either Party, the Vice-President of the Court shall be invited Parties or is unable to make act for any reason, either Party may invite the necessary appointments.
6. If the Vice-President is equally prevented from carrying out the said function Vice President, 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 also a national of either Party shall be invited or otherwise unable to act, the next most senior member of the International Court of Justice, to make the necessary appointmentsappointment.
7(e) Unless otherwise agreed to by the Parties to the dispute, all submissions shall be made. The arbitration tribunal and all hearings shall determine its own rules of procedure.
8. The arbitration tribunal shall decide on the basis be completed within one hundred and twenty (120) days of the provisions of this Agreement as well as date of the applicable international law.
9. The arbitration tribunal selection of the third arbitrator, and the Tribunal shall decide by a majority render its decision within thirty (30) days of votes the date of the final submissions or the date of the closing of the hearings, whichever is later, and its decisions such decision 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 each Party.
11(f) Except as otherwise agreed to by the Parties, arbitration proceedings shall be governed by the Model Rules on Arbitral Procedure adopted by the United Nations International Law Commission in 1958 ("Model Rules") and commended to Member States by the United Nations General Assembly in Resolution 1262 (XIII). To the extent that procedural questions are not resolved by this Article or the Model Rules they shall be resolved by the Tribunal. Notwithstanding any other provision of this Treaty or the Model Rules, the Tribunal shall in all cases act by majority vote.
(g) Each Party shall bear the cost costs of its own arbitrator and of its representation counsel in the arbitral proceedingsproceeding. Expenses incurred by the Chairman and other costs of the proceedings shall be paid for equally by the Parties. The Tribunal may, however, at its discretion, direct that a higher proportion of the costs be paid by one of the Parties. Such a decision shall be binding.
124. The cost provisions of this Article shall not apply to a dispute arising under an official export credit, guarantee or insurance arrangement, pursuant to which the chairman and the remaining costs shall be borne in equal parts by both PartiesParties have agreed to other means of settling disputes.
13. The tribunal may decide on a different distribution of the costs.
Appears in 2 contracts
Samples: Investment Treaty, Investment Treaty
Settlement of Disputes between the Parties. 1. 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. 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. 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. 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. 5 — If the President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President Vice -President of the Court shall be invited to make the necessary appointments.
6. 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. 7 — The arbitration tribunal shall determine its own rules of procedure.
8. 8 — The arbitration tribunal shall decide on the basis of the provisions of this Agreement as well as of the applicable international law.
9. 9 — The arbitration tribunal shall decide by a majority of votes and its decisions shall be final and binding on both Parties.
10. 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. 11 — Each Party shall bear the cost of its own arbitrator and of its representation in the arbitral proceedings.
12. 12 — The cost of the chairman and the remaining costs shall be borne in equal parts by both Parties.
13. 13 — The tribunal may decide on a different distribution of the costs.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes Any dispute arising between the Parties concerning the interpretation and or application of this Agreement shall, as far as if possible, be settled by amicably through negotiations through between the diplomatic channelParties.
2. If the a dispute cannot thus be settled within a period of six months from months, following the beginning of negotiationsdate on which such negotiations were requested in writing by either Party, it shall at upon the request in writing of either Party, through the diplomatic channel, Party be submitted to an ad hoc arbitration tribunal and shall be constituted as followsarbitral tribunal.
3. The arbitration Such an arbitral tribunal shall consist of three arbitrators who shall be appointed as follows:
a) constituted for each individual case in the following way. Within two months of the receipt of the a written request for arbitration, each Party Party* shall appoint one arbitrator;
b) Within one month member of their appointment, these the tribunal. Those two arbitrators members shall jointly then select a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman who, on approval by the two Parties, shall be appointed Chair of the arbitration tribunal. The Chair shall be appointed within two months from the date of appointment of the other two members.
4. If If, within the periods specified in paragraph 3 of this article Article, the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make those any necessary' appointments.
5. If the President is prevented from carrying out the said function or if he is a national of either PartyParty or is otherwise prevented from discharging the said function, the Vice-Vice President of the Court shall be invited to make the necessary appointments.
6. If the Vice-Vice President is equally prevented from carrying out the said function or if he is a national of either PartyParty or is also prevented from discharging the said function, the member of the International Court of Justice 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.,
75. The arbitration tribunal shall determine its own rules of procedure.
8. The arbitration An arbitral tribunal shall decide on the basis of the provisions of dispute according to this Agreement as well as and the principles of the applicable international law.
9. The arbitration An arbitral tribunal shall decide reach its decision by a majority of votes and its decisions votes. Such decision 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 member of the tribunal and of its representation in on the arbitral proceedings.
12. The ; the cost of the chairman Chair and the remaining costs cost shall be borne in equal parts by both the Parties.
13. A tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties. The tribunal may decide on a different distribution of shall determine its own procedures, unless the costsParties agree otherwise.
Appears in 1 contract
Settlement of Disputes between the Parties. 1. Disputes 1 - Any disputes arising between the Parties concerning the interpretation and or application of this Agreement shall, as far as possible, be settled by through negotiations through the diplomatic channelchannels.
2. 2 - If the dispute cancan not be settled resolved within six months from of the beginning of the negotiations, it shall be submitted, at the request in writing of either Party, through the diplomatic channel, be submitted to an ad hoc arbitration arbitral tribunal and shall be constituted as followsin accordance with the provisions of this Article.
3. 3 - The arbitration arbitral tribunal shall consist of three arbitrators who shall be appointed arbitrators, designated as follows:
a) Within two months of the receipt of the written request for notification requesting arbitration, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these The two arbitrators so nominated shall indicate, jointly select and within three months, a national of a third State State, with whom both Parties maintain diplomatic relations relations, who will act as shall be appointed chairman of the arbitration tribunalarbitral tribunal by both Parties.
4. If within 4 - If, during the periods specified in paragraph 3 of this article Article, the necessary appointments have not been madetaken place, either Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those such appointments.
5. If the President is prevented from carrying out of the said function or if he International Court of Justice is a national of either Partyone of the Parties or is otherwise unable to perform such a function, the Vice-Vice- President of the Court shall be invited requested to make the necessary appointments.
6. If the Vice-President is equally prevented from carrying out the said function or if he is also a national of either PartyParty or is prevented from performing such a function, the member of the International Court next in seniority of Justice who is not prevented from discharging the said function and a senior citizen who is not a national of either Party both Parties shall be invited to make the necessary appointments.
7. 5 - The arbitration arbitral tribunal shall determine its own rules of procedure.
8. The arbitration tribunal shall decide on the basis of procedure and issue decisions in accordance with the provisions of this Agreement as well as of the and applicable international law.
96 - The arbitral tribunal decides by majority vote. The arbitration tribunal shall decide by a majority of votes and its 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 The arbitral tribunal shall interpret it base the decisions taken at the request of either Party.
11. 7 - Each Party shall bear the cost costs of its own arbitrator and of its representation in the arbitral proceedings.
12. The cost of costs relating to the chairman and the remaining costs President, as well as other costs, shall be borne in equal parts equally by both Parties.
13. The tribunal may decide on a different distribution of the costs.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six month after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom State. In the event either Party fails to appoint an arbitrator within the specified time, the other Party may request the President the International Court of Justice to make the appointment.
3. If both Parties maintain diplomatic relations who will act as chairman arbitrators cannot reach an agreement about the choice of the arbitration tribunal.
4. If Chairman within two months after their appointment, the periods specified in paragraph 3 Chairman shall he appointed upon the request of this article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite by the President of the International Court of Justice to make those appointmentsJustice.
54. If If, in the cases specified under paragraphs 2 and 3 of this Article, the President of the International court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall he made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior 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.
115. Each Party The tribunal shall bear have three months from the cost date of its own arbitrator and the selection of its representation in the Chairman to agree upon rules of procedure consistent with the other provisions of this agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral proceedingsprocedure.
126. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the date of selection of the third arbitrator, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The cost arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators and other costs of the chairman and the remaining costs proceedings shall be borne paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Parties.
8. A dispute shall not be submitted to an international arbitration court under the provisions of this Article, if the same dispute has been brought before another international arbitration court under the provisions of Article X and is still before the court. This will not impair the engagement in equal parts by direct and meaningful negotiations between both Parties.
13. The tribunal may decide on a different distribution of the costs.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes between Once exhausted the Parties concerning procedure referred to in paragraph 3 of Article 22 without the interpretation and application dispute has been resolved, either Party may submit it to an arbitral tribunal ad hoc, according to the provisions of this Agreement shallArticle. Alternatively, as far as possiblethe parties may choose, be settled by negotiations through mutual agreement, to submit the diplomatic channeldispute to a permanent arbitration institution for the settlement of disputes regarding investments. Unless the parties agree otherwise, such an institution will apply the provisions of this Article.
2. If the dispute cannot be settled within six months from the beginning The purpose of negotiations, it shall at the request in writing of either Party, through the diplomatic channel, be submitted arbitration is to an ad hoc arbitration tribunal and shall be constituted determine compliance with this Agreement as followsalleged by a Party as awry with this.
3. There may be submitted to arbitration Article 13 (Corporate Social Responsibility), paragraph 1 of Article 14 (Measures of Investment and Fight against Corruption) and paragraph 2 of Article 15 (Provisions on Investment and Environment, Affairs labor, Health and Safety).
4. This Article shall not apply to any dispute concerning the fact that it has occurred, nor any measure that has been adopted before the entry into force of this Agreement.
5. This Article shall not apply to any dispute if there elapsed more than five (5) years from the date on which the party knew or should have known of the facts giving rise to the dispute.
6. The arbitration tribunal shall consist of three arbitrators who arbitrators. Each Party shall be appointed as follows:
adesignate, within a period of three (3) Within two months after receiving the "notice of arbitration", a member of the receipt arbitral tribunal. The two members, within a period of three (3) months from the appointment of the written request for arbitrationlast of them, 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 which both Parties maintain diplomatic relations who relations, which, after approval by both Parties, will act as chairman be appointed Chairman of the arbitration tribunalArbitral Tribunal. The appointment of the President shall be approved by the parties in a period of one (1) month, counted from the date of his appointment.
47. If If, within the periods time limits specified in paragraph 3 6 of this article the necessary appointments Article, have not been mademade the necessary appointments, either Party may, in party may request the absence of any other agreement, invite the President Secretary-General of the International Permanent Court of Justice Arbitration at The Hague to make those the necessary appointments.
5. If the President is prevented from carrying out Secretary General of the said function or if he Permanent Court of Arbitration at The Hague is a national of either Party, the Vice-President of the Court shall be invited Party or is unable to make the necessary appointments.
6. If the Vice-President is equally prevented from carrying out discharge the said function or if he is a national of either Partyfunction, the member of the Permanent Court next in seniority who is not prevented from discharging the said function and of Arbitration at The Hague of greater antiquity, which is not a national of either Party shall be invited to make the necessary appointments.
78. Referees should:
(A) have the necessary experience or expertise in public international law, international rules on investment or international trade, or resolution of disputes arising in relation to Investment International Agreements;
(B) be independent and not be bound by any of the parties or the other arbitrators or witnesses, directly or indirectly, nor take instructions from Parties; and
(C) comply with the "Rules of Conduct for the implementation of understanding the rules and procedures governing the settlement of disputes" the World Trade Organization (WTO / DSB / RC / 1 of 11 December 1996), as applicable to the dispute, or any other standard of conduct established by the Joint Committee.
9. The arbitration tribunal decision on any proposal to refuse an arbitrator shall be taken by the Secretary General of the Permanent Court of Arbitration at The Hague. If it is decided that the refusal to offer is well founded, the arbitrator shall be replaced.
10. The Parties shall designate the place where they will present the "Arbitration Notice" and other documents related to the resolution of the dispute, to occur in the place of the Party in Annex II (Document Delivery to the other Party).
11. The Arbitral Tribunal shall determine its own rules procedure in accordance with this Article and, secondarily, the Arbitration Rules of procedure.
8the United Nations Commission on International Trade Law (UNCITRAL / UNCITRAL). The arbitration tribunal shall It will take its decision by majority vote and decide based on the basis of the provisions of this Agreement as well as and the principles and applicable international law rules. Unless otherwise agreed, the decision of the applicable international lawarbitral tribunal shall be rendered within six (6) months after the appointment of the President, in accordance with paragraphs 6 and 7 of this Article.
912. The arbitration tribunal shall decide by a majority decision of votes and its decisions the Arbitral Tribunal shall be final and binding on both Parties.
10. In case of disagreement as to the meaning and scope of the decision, the tribunal Parties which shall interpret fulfill 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 Partieswithout delay.
13. The Joint Committee shall approve the general rule for determining the fees to be paid to the arbitrators, taking into account the relevant international organizations practices. Parties incur equally in arbitrators' expenses as well as in other process costs, unless is agreed otherwise.
14. Subject to paragraph 2 of this Article, the Parties, through a specific arbitration may request the arbitrators to examine the existence of damage caused by the measure questioned in accordance with the obligations under this Agreement and to establish, through the award, a compensation for such losses. In this case, besides the preceding paragraphs of this Article shall observe the following provisions:
(A) The arbitration agreement shall be equivalent to the "notice of arbitration" in paragraph 6 of meaning.
(B) This section shall not apply to a dispute relating to a specific investor, who has previously been resolved, where there is protection of res judicata. If an investor has submitted a complaint about the measure questioned in the Joint Committee to local courts or a Host State court of arbitration, the arbitration to examine losses can only be started after the resignation investor to its claim before local courts or arbitral tribunal may decide on a different distribution Host State. If, after establishing arbitration, come to the attention of the costsreferees or the parties the existence of complaints in local courts or arbitral tribunals on the measure in question, the arbitration shall be suspended.
(C) the recognition and enforcement of the report will be made as if it were a court final judgment, in accordance with the provisions of the procedural law of the State where it is desired such recognition and enforcement, in compliance with international agreements on the subject that is a party.
(D) If the arbitration award set monetary compensation, the Party receiving such compensation shall transfer it to the holders of investment rights in question, after deducting the costs of the dispute in accordance with the internal procedures of each Party. Part whose claims are accepted may request the Arbitral Tribunal to order the transfer of the indemnity directly to the holders of the affected investment rights and the payment of the costs to those who have the assumed.
Appears in 1 contract
Settlement of Disputes between the Parties. 1. Disputes between Each Party shall afford adequate opportunity for prompt and friendly consultation regarding any dispute with the Parties concerning the interpretation and application of other Party connected with this Agreement shall, as far as possible, be settled by negotiations through the diplomatic channelAgreement.
2. If the a dispute canconnected with this Agreement is not be settled resolved, by such means in accordance with paragraph 1, within a period of six months from the beginning date of negotiationsa Party’s written request for negotiations or consultations, it shall at be submitted upon the request in writing of either Party, through the diplomatic channel, be submitted Party to an ad hoc arbitration tribunal and shall be constituted Arbitral Tribunal established in accordance with the provisions of this Article of this Agreement or, as followsagreed by the Parties, to any other international tribunal.
3. The arbitration tribunal Arbitral Tribunal referred to in paragraph 2 shall consist of three arbitrators who shall be persons appointed as follows:
(a) Within two months of the receipt of the written request for arbitration, each Party shall appoint one an arbitrator;
(b) Within one month of their appointment, these the two arbitrators shall jointly appointed by the Parties shall, within 30 days of the appointment of the second of them, or such longer period as otherwise agreed, select a national third arbitrator, by agreement, who shall be a citizen or permanent resident of a third State with whom both Parties maintain non-party which has diplomatic relations with both Parties; and
(c) the Parties shall, within 30 days of the selection of the third arbitrator, approve the selection of that arbitrator who will shall act as chairman Chair of the arbitration tribunalArbitral Tribunal.
4. If Arbitration proceedings shall be instituted upon notice of arbitration being given through diplomatic channels by the Party instituting such proceedings to the other Party. Such notice of arbitration shall:
(a) specify for each claim, the provision of this Agreement alleged to have been breached and any other relevant provisions;
(b) specify the legal and factual basis for each claim, including where relevant, details of an investment;
(c) specify the relief sought; and
(d) contain the name of the arbitrator appointed by the Party instituting such proceedings. Within 60 days after giving such notice of arbitration the respondent Party shall notify the Party instituting proceedings of the name of the arbitrator appointed by the respondent Party.
5. If, within the periods specified time limits provided for in paragraph 3 of this article 3(b), paragraph 3(c) and paragraph 4, the necessary appointments have required appointment has not been mademade or the required approval has not been given, either Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointments.
5the necessary appointment. If the President is prevented from carrying out the said function a citizen or if he is a national permanent resident of either PartyParty or is otherwise unable to act, the Vice-President of the Court shall be invited to make the necessary appointments.
6appointment. If the Vice-President is equally prevented from carrying out the said function a citizen or if he is a national permanent resident of either PartyParty or is unable to act, the member Member of the International Court of Justice next in seniority who is not prevented from discharging the said function and is not a national citizen or permanent resident of either Party shall be invited to make the necessary appointmentsappointment (12).
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.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes between Each Party shall afford adequate opportunity for prompt and friendly consultation regarding any dispute with the Parties concerning the interpretation and application of other Party connected with this Agreement shall, as far as possible, be settled by negotiations through the diplomatic channelAgreement.
2. If the a dispute canconnected with this Agreement is not be settled resolved, by such means in accordance with paragraph 1, within a period of six months from the beginning date of negotiationsa Party’s written request for negotiations or consultations, it shall at be submitted upon the request in writing of either Party, through the diplomatic channel, be submitted Party to an ad hoc arbitration tribunal and shall be constituted Arbitral Tribunal established in accordance with the provisions of this Article of this Agreement or, as followsagreed by the Parties, to any other international tribunal.
3. The arbitration tribunal Arbitral Tribunal referred to in paragraph 2 shall consist of three arbitrators who shall be persons appointed as follows:
(a) Within two months of the receipt of the written request for arbitration, each Party shall appoint one an arbitrator;
(b) Within one month of their appointment, these the two arbitrators shall jointly appointed by the Parties shall, within 30 days of the appointment of the second of them, or such longer period as otherwise agreed, select a national third arbitrator, by agreement, who shall be a citizen or permanent resident of a third State with whom both Parties maintain non-party which has diplomatic relations with both Parties; and
(c) the Parties shall, within 30 days of the selection of the third arbitrator, approve the selection of that arbitrator who will shall act as chairman Chair of the arbitration tribunalArbitral Tribunal.
4. If Arbitration proceedings shall be instituted upon notice of arbitration being given through diplomatic channels by the Party instituting such proceedings to the other Party. Such notice of arbitration shall:
(a) specify for each claim, the provision of this Agreement alleged to have been breached and any other relevant provisions;
(b) specify the legal and factual basis for each claim, including where relevant, details of an investment;
(c) specify the relief sought; and
(d) contain the name of the arbitrator appointed by the Party instituting such proceedings. Within 60 days after giving such notice of arbitration the respondent Party shall notify the Party instituting proceedings of the name of the arbitrator appointed by the respondent Party.
5. If, within the periods specified time limits provided for in paragraph 3 of this article 3(b), paragraph 3(c) and paragraph 4, the necessary appointments have required appointment has not been mademade or the required approval has not been given, either Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointments.
5the necessary appointment. If the President is prevented from carrying out the said function a citizen or if he is a national permanent resident of either PartyParty or is otherwise unable to act, the Vice-President of the Court shall be invited to make the necessary appointments.
6appointment. If the Vice-Vice- President is equally prevented from carrying out the said function a citizen or if he is a national permanent resident of either PartyParty or is unable to act, the member Member of the International Court of Justice next in seniority who is not prevented from discharging the said function and is not a national citizen or permanent resident of either Party shall be invited to make the necessary appointmentsappointment.12
6. In case any arbitrator appointed as provided for in this Article shall resign or become unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.
7. The arbitration tribunal Arbitral Tribunal shall convene at such time and place as shall be fixed by the Chair of the Tribunal. Thereafter, the Arbitral Tribunal shall determine its own rules where and when it shall sit. The Arbitration shall be held in a party to the Convention on the Recognition and Enforcement of procedureForeign Arbitral Awards, done at New York on 10 June 1958.
8. The arbitration tribunal Arbitral Tribunal shall decide on all questions relating to its competence, in accordance with Xxxxx XX (Code of Conduct for Panellists and Others Engaged in Dispute Settlement Proceedings Under this Agreement), and shall determine its own procedure, subject to any agreement between the basis Parties.
9. Before the Arbitral Tribunal makes a decision, it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably. The Arbitral Tribunal shall reach its award by majority vote, taking into account the provisions of this Agreement as well as Agreement, the international agreements that both Parties have concluded and the generally recognised principles 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.
12appointed arbitrator. The cost of the chairman Chair of the Arbitral Tribunal and the remaining costs other expenses associated with the conduct of the arbitration board shall be borne borne, in equal parts parts, by both Parties.
1311. The tribunal Arbitral Tribunal shall afford to the Parties a fair hearing. It may decide render an award on the default of a different distribution Party. Any award shall be rendered in writing and shall state its legal basis. A signed counterpart of the costsaward shall be transmitted to each Party.
12. An award shall be final and binding on the Parties. 12 The President, Vice President or Member of the International Court of Justice must be a citizen or permanent resident of a non-party which has diplomatic relations with both Parties to make an appointment pursuant to this paragraph. An arbitrator appointed pursuant to this paragraph shall be a citizen or permanent resident of a non-party which has diplomatic relations with both Parties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior 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 appointmentsParty.
75. The arbitration tribunal shall determine its own have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
86. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the date of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitration arbitral tribunal shall decide on the basis of the provisions of this Agreement as well as of the applicable international law.
9. The arbitration tribunal reach its decisions, which shall decide be final and binding, by a majority of votes and its decisions shall be final and binding on both Partiesvotes.
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.
117. Each Party shall bear the cost costs of its own arbitrator and of its representation in the arbitral proceedings.
12. The cost costs of the chairman Chairman and the remaining other costs shall be borne in equal parts by the two Parties. The arbitral tribunal may, however, in its decision direct that a higher proportion of the costs be borne by one of the Parties.
8. A dispute shall not be submitted to an international arbitration court under the provisions of this Article if the name dispute has been brought before another international arbitration court under the provisions of Article VI and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties.
13. The tribunal may decide on a different distribution of the costs.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallagreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted upon the request of either Party, to an arbitral tribunal of members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of state. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VIII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. (1. ) Disputes arising between the Parties concerning the interpretation and or application of this Agreement shall, as far as possible, be settled by negotiations through the diplomatic channelchannels.
(2. ) If a dispute between the dispute Parties cannot be settled in this manner within six months from of the beginning commencement of negotiations, it shall shall, at the request in writing of either Party, through the diplomatic channel, be submitted to an ad hoc arbitration arbitral tribunal.
(3) The tribunal and shall be constituted for each particular case 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 a member of their appointment, these the tribunal. These two arbitrators members shall jointly select elect a national of a third State who, with whom the approval of both Parties maintain diplomatic relations who will act as chairman Parties, shall be appointed President of the arbitration tribunal. The President will be appointed within two months from the date of the appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 of this article the necessary appointments have not been mademade within the time limits provided for in paragraph (3) of this Article, either Party may, in the absence of any other agreementarrangement, invite the President of the International Court of Justice to make those the necessary appointments.
5. If the President is prevented from carrying out the said function or if he is a national of either Partyone of the Parties or if, for any reason, he is prevented from exercising this function, the Vice-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 a national of a Party, or if he or she is a national of either Partyalso prevented from exercising that function, the member Member of the International Court of Justice next in seniority who is not prevented from discharging the said function and is not a national of either a Party shall be invited to make the necessary appointments.
7. (5) The arbitration arbitral tribunal shall determine take its own rules of procedure.
8decision by majority vote. 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 Such decision 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 expenses of its own arbitrator member of the tribunal and of its his or her representation in the arbitral proceedings.
12. The cost ; the expenses of the chairman and the remaining other expenses shall in principle be borne equally by the Parties. However, the arbitral tribunal may determine in its decision that a greater share of the costs be borne by one of the two Parties, and this decision shall be borne in equal parts by binding on both Parties.
13. The tribunal may decide on a different distribution of the costswill determine its own procedure.
Appears in 1 contract
Settlement of Disputes between the Parties. 1. Disputes between the Parties concerning the interpretation and or application of this Agreement shallshould, as far as if possible, be settled by negotiations through the diplomatic channelchannels.
2. If a dispute between the dispute Parties cannot thus be settled settled, within six (6) months from the beginning of negotiations, it shall at upon the request in writing of either Party, through the diplomatic channel, Party be submitted to an ad hoc arbitration tribunal and shall be constituted as followsarbitral tribunal.
3. The arbitration Such an arbitral tribunal shall consist of three arbitrators who shall be appointed as follows:
a) constituted for each individual case in the following way. Within two months of the receipt of the written request for arbitration, each Party shall appoint one arbitrator;
b) Within one month member of their appointment, these the tribunal. Those two arbitrators members shall jointly then select a national of a third State with whom both who on approval by the Parties maintain diplomatic relations who will act as chairman shall be appointed Chairman of the arbitration tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make those the necessary appointments.
5. If the President is prevented from carrying out the said function a national of either Party or if he is a national of either Partyotherwise prevented from discharging the said function, 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 VicePresident is a national of either PartyParty or if he too is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not prevented from discharging the said function and is not a national of either Party shall be invited to make the necessary appointments.
75. The arbitration arbitral tribunal shall determine reach 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 decision by a majority of votes and its decisions votes. Such decision 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 member of the tribunal and of its representation in the arbitral proceedings.
12. The ; the cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Parties unless otherwise decided by the tribunal. The award of the tribunal shall be binding on both Parties.
13. The tribunal may decide on a different distribution of the costsshall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes Hie Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and application or appheation of this Agreement shallAgreement. In this regard, as far as possible, be settled by ike ParJre agree r. ooro in direct and meaningful negotiations to arrive at such solutions. If the Parlies cannot reach. an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of state. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the eases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior 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 appointmentsParty.
75. The arbitration tribunal shall determine its own have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
86. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months after the date of selection of the Chairman. and the tribunal shall render us decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitration arbitral tribunal shall decide on the basis of the provisions of this Agreement as well as of the applicable international law.
9. The arbitration tribunal reach its decisions, which shall decide be final and binding, by a majority of votes and its decisions shall be final and binding on both Parties.votes,
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.
117. Each Party shall bear the cost costs of its own arbitrator member of the tribunal and of its representation in the arbitral proceedings.
12. The cost ; the costs of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Parties.
13. The tribunal may decide on may, how ever, in its discretion direct that a different distribution higher proportion of costs shall be borne by one of the coststwo Parties, and this award shall be binding on both parties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an 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 . In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes between Once the procedure under paragraph 3 of Article 23 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 concerning may choose, by mutual agreement, to submit the interpretation and application dispute to a permanent arbitration institution for settlement of investment disputes. Unless the Parties decide otherwise, such institution shall apply the provisions of this Agreement shall, as far as possible, be settled by negotiations through the diplomatic channelSection.
2. If The purpose of the dispute canarbitration is to determine the conformity with this Agreement of a measure that a Party claims to be not be settled within six months from in conformity with 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 followsAgreement.
3. The arbitration tribunal following may not be subject to arbitration: Article 13 - Corporate Social Responsibility; Paragraph 1 of Article 14 - Investment Measures and Combating Corruption and Ilegality; and paragraph 2 of Article 15 - Provisions on Investment and Environment, Labor Affairs and Health.
4. This Article shall not apply to any dispute concerning any facts which have occurred, nor any measures which have been adopted before the entry into force of this Agreement.
5. This Article shall not apply to any dispute if more than five (5) years have elapsed since the date on which the Party knew or should have known of the facts giving rise to the dispute.
6. The Arbitral Tribunal shall consist of three arbitrators who arbitrators. Each Party shall be appointed as follows:
aappoint, within three (3) months after receiving the "notice of arbitration", a member of the Arbitral Tribunal. Within two three (3) months of the receipt appointment of the written request for arbitrationsecond arbitrator, each Party the two members, 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 which both Parties maintain diplomatic relations who will act as chairman relations, who, upon approval by both Parties, shall be appointed chairperson of the arbitration tribunalArbitral Tribunal. The appointment of the Chairperson must be approved by both Parties within one (1) month from the date of his/her nomination.
47. If If, within the periods specified in paragraph 3 6 of this article Article, the necessary appointments have are not been madeconcluded, either Party may, in the absence of any other agreement, may invite the President Secretary General of the International Court of Justice to make those the necessary appointments.
5. If the President is prevented from carrying out Secretary General of the said function or if he International Court of Justice is a national of either Partyone Party or is prevented from fulfilling said function, the Vice-President member of the International Court shall of Justice who has the most seniority who is not a national of a Party will be invited to make the necessary appointments.
68. If Arbitrators must:
(a) have the Vice-President is equally prevented from carrying out necessary experience or expertise in Public International Law, international investment rules or international trade, or the said function resolution of disputes arising in relation to international investment agreements;
(b) be independent of and not be affiliated, directly or if he is a national of either Partyindirectly, the member with any of the Court next in seniority who is not prevented Parties or with the other arbitrators or potential witnesses nor take instructions from discharging the said function Parties; and
(c) comply with the "Rules of conduct for the understanding on rules and is not a national procedures governing the settlement of either Party disputes " of the World Trade Organization (WTO / DSB / RC / 1, dated December 11 1996), as applicable to the dispute, or any other standard of conduct established by the Joint Committee.
9. The "Notice of Arbitration" and other documents relating to the resolution of the dispute shall be invited to make presented at the necessary appointmentslocation designated by each Party in Annex II (Delivery of Documents of a Party) or any other location that may be informed by the Parties.
710. The arbitration tribunal Arbitral Tribunal shall determine its own rules procedure in accordance with this Article or, alternatively, the Arbitration Rules of procedure.
8the United Nations Commission on International Trade Law (UNCITRAL). The arbitration tribunal shall Arbitral Tribunal will render its decision by majority vote and decide on the basis of the provisions of this Agreement and the applicable principles and rules of international law as well as recognized by both Parties. Unless otherwise agreed, the decision of the applicable international lawArbitral Tribunal shall be rendered within six (6) months following the appointment of the Chairperson in accordance with paragraphs 6 and 7 of this article.
911. The arbitration tribunal shall decide by a majority decision of votes and its decisions the Arbitral Tribunal shall be final and binding on both Parties.
10. In case of disagreement as to the meaning and scope of the decisionParties, the tribunal who shall interpret comply with 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 proceedingswithout delay.
12. The cost Joint Committee shall approve the general rule for determining the arbitrators' fees, taking into account the practices of relevant international organizations. The Parties shall bear the expenses of the chairman and arbitrators as well as other costs of the remaining costs shall be borne in equal parts by both Partiesproceedings equally, unless otherwise agreed.
13. The tribunal may decide on Notwithstanding paragraph 2 of this Article, the Parties may, through a different distribution specific arbitration agreement, request the arbitrators to examine the existence of damages caused by the measure in question under the obligations of this Agreement and to establish compensation for such damages through an arbitration award. In this case, in addition to the provisions of the costspreceding paragraphs of this Article, the following shall be observed:
(a) The arbitration agreement to examine the existence of damages shall be taken as "notice of arbitration" within the meaning of paragraph 6;
(b) This paragraph shall not be applied to a dispute concerning a particular investor which has been previously resolved and where protection of res judicata applies. If a investor had submitted claims regarding the measure at issue in the Joint Committee to local courts or an arbitration tribunal of the Host State, the arbitration to examine damages can only be initiated after the withdrawal of such claims by the investor in local courts or an arbitration tribunal of the Host State. If after the establishment of the arbitration, the existence of claims in local courts or arbitral tribunals over the contested measure is made known to the arbitrators or the Parties, the arbitration will be suspended.
(c) If the arbitration award provides monetary compensation, the Party receiving such compensation shall transfer to the holders of the rights of the investment in question, after deducting the costs of the dispute in accordance with the internal procedures of each Party. The Party to whom restitution was granted may request the Arbitral Tribunal to order the transfer of the compensation directly to the holders of rights of the affected investment and the payment of costs to whoever has assumed them. Part IV. Agenda for Further Investment Cooperation and Facilitation
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Settlement of Disputes between the Parties. 1. Disputes Any differences which may arise between the Governments of the Parties concerning the interpretation and application of this Agreement shall, as far as possible, be settled by negotiations through the diplomatic channelconsultation or amicable negotiation.
2. If the dispute canan understanding is not be settled reached within six months from the beginning date of negotiationsnotification of the dispute, it shall at either Government of the request in writing of either Party, through Parties may submit the diplomatic channel, be submitted dispute to an ad hoc arbitration tribunal and shall be constituted as followsArbitral Tribunal in accordance with the provisions of this Article.
3. The arbitration tribunal Arbitral Tribunal shall consist be composed of three arbitrators who members and shall be appointed composed as follows:
a) Within : within two months from the date of notification of the receipt of the written request for arbitration, each Party shall appoint one arbitrator;
b) Within one month of their appointment, these . These two arbitrators shall jointly select choose within thirty days of the appointment of the last of them another member as Chairman of the Arbitral Tribunal, who must be a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of the arbitration tribunalState.
4. If within the periods specified time limits set forth in the preceding paragraph 3 of this article Article the necessary appointments have designation has not been made, either Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointments.
5the designation. If the President of the International Court of Justice is prevented from carrying out a national of one of the said function Parties or if he is a national of either Partyunable to perform that function, the designation shall be made by the Vice-President of President; if 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 latter is a national of either Partyone of the Parties or is unable to do so, the member designation shall be made by the Judge of the Court next in seniority rank to him who is not prevented from discharging the said function and is not a national of either Party shall be invited to make one of the necessary appointmentsParties.
75. The arbitration tribunal shall determine its own rules President of procedurethe Arbitral Tribunal must be a national of a State with which both Parties maintain diplomatic relations.
86. 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 Tribunal shall decide by a majority of votes vote and its decisions awards 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.
117. Each Party shall bear the cost expenses of its own arbitrator and of its the respective arbitrator, as well as those related to his representation in the arbitral arbitration proceedings.
12. The cost expenses of the chairman Chairman of the Arbitral Tribunal and the remaining other procedural costs shall be borne in equal parts by both Parties.
13shares. The tribunal Arbitral Tribunal may decide on a adopt different distribution of the costsrules regarding expenses.
Appears in 1 contract
Settlement of Disputes between the Parties. 1. Disputes between the Parties 1 — Any disputes concerning the interpretation and application or ap- plication of this Agreement shallshall be settled, as far as if possible, be settled by negotiations through the negotiation, through diplomatic channelchannels.
2. 2 — If the dispute cannot be settled Parties fail to reach such settlement within six (6) months from after the beginning of negotiations, it shall at the dispute shall, upon the request in writing of either Party, through the diplomatic channel, be submitted submit- xxx to an ad hoc arbitration tribunal and arbitral tribunal, in accordance with the provisions of the following paragraphs.
3 — The Arbitral Tribunal shall be constituted as follows.
3. The arbitration tribunal shall consist of three arbitrators who shall be appointed constituted, as follows:
a) Within Each Party shall appoint one arbitrator within two (2) months of the receipt of the written request for arbitration;
b) The two shall together within one (1) month appoint a national of a third State with whom both States have diplomatic relations as president of the arbitral tribunal.
4 — If the arbitral tribunal is not constituted within three (3) 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 may request the President of the International Court of Justice to make those appointmentsthe necessary ap- pointments.
5. 5 — If the President is prevented from carrying out of the said function or if he International Court of Justice is a national of either Partyone of the Parties or is prevented from making the appointments for any other reason, 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 next member of the International Court next in seniority of Justice who is not prevented from discharging the said function and is not a national of either Party or who is not prevented shall be invited requested to make the necessary appointments.
7. 6 — The arbitration arbitral tribunal shall determine its own rules of procedure.
8. The arbitration tribunal procedure and shall decide on the basis of render its decisions in accordance with the provisions of this Agreement as well as of and the applicable international law.
9Internatio- nal Law. 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 arbitral tribunal shall interpret construe it at upon the request of either any Party.
11. 9 — Each Party shall bear the cost of costs for its own arbitrator and of for its representation in before the arbitral proceedings.
12. The cost of tribunal, being the chairman costs with the president and with the remaining costs shall be borne in equal parts by both tribunal shared equally between the Parties.
13. The tribunal may decide on a different distribution of the costs.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek, in good faith and a spirit of cooperation, rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of a dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members, or any other dispute settlement procedure agreed between them.
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 Arbitration proceedings shall be constituted as followsinstituted upon notice being given through diplomatic channels by the Party instituting such proceedings to the other Party. Such notice shall contain a statement setting forth in summary form the grounds of the claim and the nature of the relief sought.
3. The arbitration tribunal shall consist Within sixty days of three arbitrators who shall be appointed as follows:
a) Within two months of the receipt of the written request for arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month . The two arbitrators, within thirty days of their appointmentthe appointment of the second of them, these two arbitrators shall jointly select a third arbitrator as Chairperson, who shall be a national of a third State with whom both Parties maintain which has diplomatic relations with both Parties. The Parties shall, within thirty days of the selection of the third arbitrator, approve the selection of that arbitrator who will shall act as chairman Chairperson of the arbitration tribunalTribunal.
4. If In the event either Party fails, within the periods specified in paragraph 3 time, to appoint an arbitrator to approve the selection of this article the necessary appointments have not been madethird arbitrator, either the other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
5. If both arbitrators cannot reach an agreement about the choice of the Chairperson within two months after their appointment, the Chairperson shall be appointed upon the request of either Party by the President of the International Court of Justice.
6. If, in the cases specified under paragraphs 4 and 5 of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior 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 appointmentsParty.
7. The arbitration tribunal In case any arbitrator appointed as provided for in this Article shall determine its own rules resign or become unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of procedurethe original arbitrator and the successor shall have all the powers and duties of the original arbitrator.
8. The arbitration tribunal Arbitral Tribunal shall decide on all questions relating to its competence and shall, subject to any agreement between the basis of the provisions of this Agreement as well as of the applicable international lawParties, determine its own procedure.
9. The arbitration tribunal Arbitral Tribunal shall decide by a majority of votes convene at such time and its decisions place as shall be final fixed by the Chairperson of the Tribunal. Thereafter, the Arbitral Tribunal shall determine where and binding on both Partieswhen it shall sit.
10. In case of disagreement as The Arbitral Tribunal shall afford to the meaning Parties a fair hearing. It may render an award on the default of a Party. Any award shall be rendered in writing and scope shall state its legal basis. A signed counterpart of the decision, the tribunal award shall interpret it at the request of either be transmitted to each Party.
11. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the date of the selection of the Chairperson, and the tribunal shall render its decision within two months of the date of the final submissions or the date of the closing of the hearings, whichever is later.
12. Before the Arbitral Tribunal makes a decision, it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably. The Arbitral Tribunal shall reach its award taking into account the provisions of this Agreement, the international agreements both Parties have concluded and the generally recognised principles of international law.
13. Each Party shall bear the cost costs of its own arbitrator and of its representation in the arbitral proceedings.
12appointed arbitrator. The cost costs of the chairman Chairperson of the Tribunal and other expenses associated with the remaining costs conduct of the arbitration shall be borne in equal parts by both Parties. The Arbitral Tribunal may decide, however, that a higher proportion of costs shall be borne by one of the Parties.
1314. The arbitral tribunal may decide on shall reach its decisions, which shall be final and binding, by a different distribution majority of votes.
15. A dispute shall not be submitted to an international arbitration tribunal under the costsprovisions of this Article, if the same dispute has been brought before another international arbitration court under the provisions of Article 13 and is still before that tribunal. This shall not impair the engagement in direct and meaningful negotiations between the Parties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman State. In the event either Party fails to appoint an arbitrator within the specified time, the other Party may request the president of the arbitration tribunalInternational Court of justice to make the appointment.
3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the president of the International Court of Justice.
4. If within the periods specified in paragraph 3 of this article the necessary appointments have not been made, either Party mayIf, in the absence cases specified under paragraph (2) and (3) of any other agreementthis Article, invite the President 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 appointment shall be invited to make the necessary appointments.
6. If made by the Vice-President President, and if the Vice-president is equally prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognised rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes between the Parties concerning regarding the interpretation and or application of this Agreement shall, as far as possible, shall be settled by negotiations resolved amicably through the diplomatic channelchannels.
2. If the dispute cancan not be settled resolved in this way within a period of six months from the beginning of negotiationsmonths, 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 followsin accordance with the provisions of this article.
3. The arbitration tribunal shall consist of three arbitrators who panel shall be appointed as follows:
a) Within formed on a case-by-case basis in the following manner. Each Contracting Party shall appoint one arbitrator within two months of after the receipt of the written request for arbitration. These two members will then be chosen by a third-country national who, each Party shall appoint one arbitrator;
b) Within one month of their appointmentupon approval by both parties, these two arbitrators shall jointly select a national of a third State with whom both Parties maintain diplomatic relations who will act as be appointed chairman of the arbitration tribunaltribunal (hereinafter referred to as the chairman). The chair shall be appointed within three months from the date of the appointment of the other two members.
4. If If, within the periods specified period referred to in paragraph 3 of this article article, the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite appointments may be requested to the President of the International Court of Justice to make those appointments.
5Justice. If the President is prevented from carrying out the said function or if he is happens to be a national of either Partyone of the Contracting Parties or if, for any other reason, he is unable to perform this function, the appointments are requested to be made by the Vice-President of the International Court shall be invited to make the necessary appointments.
6of Justice. If the Vice-Vice President is equally prevented from carrying out the said function or if he is also happens to be a national of either PartyContracting Party or can not fulfill these functions, the member appointment of a Senate from the International Court of Justice to the next in seniority Member who is not prevented from discharging the said function and is not a national of either Contracting Party shall be invited to make the necessary appointmentsinvited.
75. 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 arbitral tribunal shall decide by a majority of votes and its decisions shall be final and binding on both Parties.
10majority. In case of disagreement as to the meaning and scope of the decision, the tribunal shall interpret it at the request of either Party.
11Such a decision is binding. Each Contracting Party shall bear the cost costs of its own arbitrator and of its representation expenses in the arbitral arbitration proceedings.
12. The cost ; the expenses of the chairman and the remaining costs shall be borne in equal parts by both Parties.
13equally between the two parties. The However, an arbitral tribunal may decide on a different distribution that one of the coststwo parties must bear the bulk of the costs and such a decision is binding on both parties. The arbitral tribunal will determine its own rules of procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. ) Disputes between the Parties parties concerning the interpretation and or application of this Agreement shall, as far as if possible, be settled by negotiations through the diplomatic channelchannels.
2. ) If a dispute between the dispute parties cannot be settled in this way within six months counting from the beginning of negotiations, it the dispute shall be submitted, at the request in writing of either Party, through the diplomatic channel, be submitted party to an ad hoc arbitration tribunal and shall be constituted as followsarbitral tribunal.
3. ) The arbitration arbitral tribunal shall consist of be as for each individual case in the following way. Within three arbitrators who shall be appointed as follows:
a) Within two months of the receipt of the written request for arbitration, each Party party shall appoint one arbitrator;
b) Within one month member of their appointment, these the Tribunal. These two arbitrators members shall jointly select a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman on approval by the two parties shall be appointed Chairman of the arbitration Tribunal. the Chairman shall be appointed within three months from the date on which either party has informed the other party of its intention to submit the dispute to an arbitral tribunal.
4. ) If within the periods specified in paragraph 3 (3) of this article shall not make the necessary appointments have not been madeappointments, either Party may, in the absence of any other agreement, invite the President Secretary-General of the International Court of Justice United Nations to make those proceed with the necessary appointments.
5. If the President is prevented from carrying out the said function or if he Secretary-General is a national of either Partyparty or is prevented institutes for any other cause, the ViceUnder- Secretary-President General seniority who is not a national of the Court either party 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. 5) The arbitration arbitral tribunal shall determine render its own rules of procedure.
8. The arbitration tribunal shall decide decision on the basis of respect for the provisions of Law, the rules contained in this Agreement as well as or in other agreements in force between the parties; and on the principles and rules of the applicable international lawInternational Law.
9. 6) The arbitration arbitral tribunal shall decide reach its decision by a majority of votes and its decisions votes. such decision 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.
11parties. Each Party shall bear the cost costs of its own arbitrator the member of the Tribunal and of its representation in the arbitral proceedings.
12. The ; the cost of the chairman Chairman and the remaining costs shall be borne in principle in equal parts by both Parties.
13the parties. The however, the arbitral tribunal may decide on shall determine its decision that a different distribution higher proportion of costs shall be borne by one of the coststwo parties, and this award shall be binding on both parties. the tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and in a spirit of cooperation the early and equitable settlement of any dispute that arises between the Parties concerning them with regard to the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations through the diplomatic channel.
2in order to achieve such a settlement. If the dispute cannot be settled Parties fail to reach a settlement through such negotiations within six months from months, the beginning of negotiationsdispute may, it shall at the request in writing of either Party, through the diplomatic channel, be submitted to an ad hoc arbitration arbitral tribunal and shall be constituted as followsconsisting of a three-person panel.
32. 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 arbitrationsuch a request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators thus appointed shall jointly select choose a third arbitrator, a national of a third State with whom both Parties maintain diplomatic relations State, who will act as chairman of the arbitration tribunal.
4presiding arbitrator. If either Party is unable to appoint an arbitrator within the periods specified in paragraph 3 of this article period, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsappoint an arbitrator.
53. If the two arbitrators are unable to select a presiding arbitrator within two months of their appointment, the presiding arbitrator shall be appointed by the President of the International Court of Justice at the request of either Party.
4. If, in the cases specified in paragraphs 2 and 3 of this article, the President of the International Court of Justice is prevented from carrying out the said that function or if he is a national of either Party, the appointment shall be made by the Vice-President of the Court shall be invited to make the necessary appointments.
6. If President, and if the Vice-President is equally also prevented from carrying out the said that function or if he is a national of either Party, the appointment shall be made by the most senior member of the International Court next in seniority of Justice who is not prevented from discharging the said function and is not a national of either Party shall be invited to make the necessary appointmentsParty.
75. The arbitration arbitral tribunal shall determine its own rules of procedure.
8. The arbitration tribunal shall decide on the basis shall, within three months of the appointment of the presiding arbitrator, determine the place of and rules governing the arbitration in accordance with the other provisions of this Agreement as well as Agreement. If such a determination cannot be made, the arbitral tribunal shall request the President of the applicable International Court of Justice to determine the rules, taking into account the generally accepted rules of international lawarbitration.
96. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the date of selection of the third arbitrator and the arbitral tribunal shall render its decision within two months of the date of the final submission or the date of the final hearing, whichever comes later. The arbitration arbitral tribunal shall decide reach its decision by a majority of votes and its decisions that decision shall be final and binding on both the Parties.
107. In case of disagreement as to Expenses incurred by the meaning presiding arbitrator and scope the other arbitrators and the fees of the decisionarbitral tribunal shall be covered by the Parties equally. However, the arbitral tribunal shall interpret it may, at the request its discretion, decide that a higher proportion 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 those costs be paid by one of the chairman and the remaining costs shall be borne in equal parts by both Parties.
138. The If a dispute has been submitted to an international arbitral tribunal may decide on a different distribution pursuant to the provisions of article VII and is still before that tribunal, it shall not be brought before another international arbitral tribunal under the costsprovisions of this article. This shall not prevent direct and meaningful negotiations between the Parties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 a request for arbitration, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman , who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If , in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice- President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior 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 appointmentsParty.
75. The arbitration tribunal shall determine its own have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
86. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the date of selection of the third arbitrator, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitration arbitral tribunal shall decide on the basis of the provisions of this Agreement as well as of the applicable international law.
9. The arbitration tribunal reach its decisions, which shall decide be final and binding, by a majority of votes and its decisions shall be final and binding on both Partiesvotes.
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.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either Party, to an Arbitral Tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make the necessary appointments.
6. If made by the Vice-President President, and if the Vice -President is equally prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the Tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within six months of the necessary appointmentsdate of selection of the Chairman, and the Tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The Arbitral Tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine Tribunal may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The arbitration tribunal A dispute shall decide on the basis of not be submitted to an International Arbitration Court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another International Arbitration Court under the provisions of Article VIII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of thehearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possiblethe Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months, be settled by negotiations after the beginning of disputes between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator, who is a national of a third State with whom both Parties maintain diplomatic relations who will act State, as chairman of Chairman. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice- President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is the later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. The arbitration tribunal Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall determine its own rules of procedurebe paid by the Parties equally unless otherwise agreed.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. 11 . Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by negotiations through the diplomatic channel.
2Parties agree to engage in direct and meaningful negotations to arrive at such solutions. If the dispute Parties cannot be settled reach an agreement within six months from after the beginning of negotiationsdispute between themselves through the foregoing procedure, it shall at the dispute may be submitted, upon the request in writing of either Party, through the diplomatic channel, be submitted to an ad hoc arbitration arbitral tribunal and shall be constituted as followsof three members.
32 . 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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53 . If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4 . If, in the cases specified under paragraphs (2) and (3) of this Article, the, President of the International Court of Justice prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-appointment shall be made by the most senior Judge of the Court who is not a national of either Party.paragraphs (2) and (3) of this Article, the, President of the International Court shall be invited to make the necessary appointments.
6. If the Vice-President is equally of Justice prevented from carrying out the said function or if he is a national of either Party, the member appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the most senior Judge 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 appointmentsParty.
75 . The arbitration tribunal shall determine its own have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
86 . Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the date of selection of the third arbitrator, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later.
7 . Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Parties.
8 . A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article IX and a final award has not been rendered yet. This will not impair the applicable international law.
9. The arbitration tribunal shall decide by a majority of votes engagement in direct and its decisions shall be final and binding on meaningful negotiations between both Parties.
10Article IX and a final award has not been rendered yet. In case of disagreement as to This will not impair the meaning engagement in direct 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 meaningful negotiations between both Parties.
13. The tribunal may decide on a different distribution of the costs.
Appears in 1 contract
Samples: Bilateral Investment Treaty
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the parties agreed to engage in direct and meaningfol negotiations to arrive at such solutions. If the parties cannot reach an agreement within six months after the beginning of disputes between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either party to an arbitral tribunal of three members.
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 arbitrationa request, each Party party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite party may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either party by the President of the International Court of Justice.
4. If, in the cases specified under paragraph 2 of this article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either party, the appointment shall be made by the Vice-President and if the Vice-President is prevented from carrying out the said function or if he is a national of either Partyparty, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party party.
5. The Tribunal shall have three months from the date of the selection of the Chairman agreed upon to rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the Tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. The arbitration tribunal Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall determine its own rules of procedure.
8be paid for equally by the parties. The arbitration tribunal shall Tribunal may, however, at its discretion decide on the basis that a higher proportion of the provisions of this Agreement as well as costs be paid by one 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, the Parties agree to engage in direct and meaningful negotiations to arrive as far as possible, be settled by negotiations such solutions. If the Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman with two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraph (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognised rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article 9 VII and is sill before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes between the Governments of the Parties concerning the interpretation and or application of this Agreement shall, as far as possible, be settled by negotiations through the diplomatic channelconsultations or friendly negotiations.
2. If the dispute cannot be thus settled within six months from the beginning of negotiationsdate the dispute has been notify, it shall at upon the request in writing of either Party, through Government of the diplomatic channel, Parties be submitted to an ad Arbitral ad-hoc arbitration tribunal and shall be constituted as followsTribunal in accordance with the provisions of this Article.
3. The arbitration tribunal shall consist of three arbitrators who Arbitral Tribunal shall be appointed as follows:
a) Within constituted by three members in the following way: within two months of from the receipt of the written request for arbitration, each Party Parly shall appoint one arbitrator;
b) Within one month member of their appointmentthe Tribunal. This two members shall within thirty days, these two arbitrators shall jointly from the appointment of the last one, select a national of a third State with whom both Parties maintain diplomatic relations State, who will act as chairman shall be appointed Chairman of the arbitration tribunalTribunal.
4. If within the periods period specified in paragraph 3 three of this article Article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make those appointments.
5the appointment. If the President is prevented from carrying out the said function it happens to be a national of either Party or if he is a national of either Partyotherwise prevented from discharging the said function, 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 happens to be a national of either PartyContracting Party or is prevented from discharging the said function, the member of the International Court of Justice 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.
75. The Chairman of the Arbitral Tribunal shall be a national of a State with which both Parties maintain diplomatic relations.
6. The arbitration tribunal shall determine gives its own rules of procedure.
8. The arbitration tribunal shall decide ruling on the basis of the provisions of this the present Agreement as well as and the rules and principles of the applicable international lawlaws.
97. The arbitration tribunal Arbitral Tribunal shall decide reach its decision by a majority of votes and its decisions votes. Such decision shall be final definitive and binding on for 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.
118. Each Party shall bear the cost costs of its own arbitrator and of its representation in the arbitral proceedings.
12. The ; the cost of the chairman 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 Arbitral Tribunal can determine its own procedure in relation with its costs.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes Any dispute between the Parties parties concerning the interpretation and or application of this Agreement shall, as far as possible, be settled by negotiations through the diplomatic channelchannel through amicable consultations.
2. If a dispute between the dispute Contracting Parties thus cannot be settled within six months from after the beginning of negotiations, it the dispute shall be submitted, at the request in writing of either Party, through the diplomatic channel, be submitted party to an ad hoc arbitration tribunal and shall be constituted as followsarbitral tribunal.
3. The arbitration Such an arbitral tribunal shall consist of three arbitrators who shall be appointed as follows:
a) constituted for each individual case in the following way. Within two months of the after receipt of the written request for arbitration, each Party party shall appoint one arbitrator;
b) Within one month member of their appointment, these the Tribunal. These two arbitrators members shall jointly then select a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman on approval by the two parties shall be appointed Chairman of the arbitration tribunalTribunal. The Chairman shall be appointed within two months after the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article the necessary appointments have not been madefulfilled, either Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those the necessary appointments.
5. If the President is prevented from carrying out the said function or if he is a national of either Partyparty or is unable to perform this function, the Vice-Vice- President of the Court shall be invited requested 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 Partyparty or nor to perform this function, invite the member of the International Court next of Justice to continue in seniority who is not prevented from discharging the said function and is not a national of either Party shall be invited any of the Parties, to make the necessary appointmentsappointment.
75. The arbitration arbitral tribunal shall determine reach 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 decision by a majority of votes and its decisions votes. Such decision 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.
11parties. Each Party shall bear the cost costs of its own arbitrator member of the Tribunal and of its representation in the arbitral arbitration proceedings.
12. The ; the cost of the chairman Chairman and the remaining costs shall in principle be borne in equal parts by the parties. The Tribunal may however, in its decision to establish that a higher proportion of costs be borne by one of the two parties, and this decision shall be binding on both Parties.
13parties. The tribunal may decide on a different distribution of the costsshall determine its procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators can not reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes between the Parties concerning the interpretation and or application of the provisions of this Agreement shall, as far as possible, shall be settled by through negotiations and consultations through the diplomatic channelchannels.
2. If the Parties are unable to settle the dispute cannot be settled amicably within six months from of the beginning date on which one of negotiationsthe Parties notifies the other Party of the dispute in writing, it shall the dispute 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.
3a three-member arbitral tribunal. 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 Each Party shall appoint one arbitrator;
b) Within one month of their appointment. These two members will appoint the President, these two arbitrators shall jointly select who must be a third-country national of a third State with whom both Parties maintain who has established diplomatic relations who will act as chairman with both Parties.
3. If one of the arbitration tribunal.
4. If Contracting Parties does not appoint an arbitrator and does not follow the invitation of the other Contracting Party to make the appointment within two months from the periods specified in paragraph 3 date of this article the necessary appointments have not been madeinvitation, either Party may, in the absence of any other agreement, invite arbitrator shall be appointed by the President of the International Court of Justice to make those appointmentsat the request of the Contracting Party.
4. If the appointed arbitrators do not mutually elect the President of the Arbitral Tribunal within two months of the date of their appointment, the President shall be appointed by the President of the International Court of Justice at the request of either Contracting Party.
5. If the President of the International Court of Justice is prevented from carrying out the said function attending to his duties or if he is a national of either Contracting Party, the appointments shall be made by the Vice-President in the cases described in paragraphs 3 and 4 of this Article. In the Court shall be invited to make the necessary appointments.
6. If event that the Vice-President is equally prevented from carrying out the said function suspended or if he is a national of either Partyone of the Contracting Parties, the member oldest Judge of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Contracting Party shall be invited to make appointments after the necessary appointmentsPresident.
6. The arbitral tribunal shall determine the procedure and shall give its decision by a majority of votes.
7. The arbitration tribunal shall determine its own rules of procedure.
8. The arbitration tribunal shall decide on the basis award of the provisions of this Agreement as well as of the applicable international law.
9. The arbitration arbitral tribunal shall decide by a majority of votes and its decisions shall be final and binding on enforceable for 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.
118. Each Party shall bear the cost costs of its own arbitrator and of its representation in the arbitral arbitration proceedings.
12; the expenses of the President and the other expenses shall be shared equally by the Parties. The cost of the chairman and the remaining costs shall be borne in equal parts by both Parties.
13. The arbitral tribunal may decide on determine a different distribution division of the costs.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes between the Parties concerning the interpretation and or application of this Agreement shallshould, as far as if possible, be settled by negotiations through the diplomatic channelchannels.
2. If a dispute between the dispute Parties cannot be settled within six months from the beginning of negotiationsthrough diplomatic channels, it shall at upon the request in writing of either Party, through the diplomatic channel, Party be submitted to an ad hoc arbitration tribunal and shall be constituted as followsarbitral tribunal.
3. The arbitration Such an arbitral tribunal shall consist of three arbitrators who shall be appointed as follows:
a) constituted for each individual case in the following way. Within two months of the receipt of the written request for arbitration, each Party shall appoint one arbitrator;
b) Within one month member of their appointment, these the tribunal. Those two arbitrators members shall jointly then select a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman on approval of the arbitration Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
4. If within the periods specified in sub-paragraph 3 of this article herein 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 any necessary appointments.
5. If the President is prevented from carrying out the said function a national of either Party or if he is a national of either Partyotherwise prevented from discharging the said function, 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 Party or if he too is not prevented from discharging the said function and function, the Member of the International Court of Justice next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
75. The arbitration arbitral tribunal shall determine reach 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 decision by a majority of votes and its decisions votes. Such decision 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 member of the tribunal and of its representation in the arbitral proceedings.
12. The ; the cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Parties.
13. The tribunal may decide on may, however, in its decision direct that a different distribution higher proportion of costs shall be borne by one of the costsParties, and this award shall be final and binding on both Parties. The tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under sub-articles (2) and (3), the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice-President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior 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 appointmentsParty.
75. The arbitration tribunal shall determine its own have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
86. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the date of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitration arbitral 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 reach its decisions decisions, which shall be final and binding on , by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Parties.
8. A dispute shall not be submitted to an international arbitration court under the provisions of this Article, if the same dispute has been brought before another international arbitration court under the provisions of Article 7 and is still before the court. This will not impair the engagement in direct and meaningful negotiations between 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes between the Parties concerning the interpretation and or application of this Agreement shall, as far as if possible, be settled by negotiations through the diplomatic channelconsultations or negotiations.
2. If the dispute cannot be thus settled within six months from following the beginning of negotiationsdate on which such consultations or negotiations were requested by either Party, it shall at upon the request in writing of either Party, through the diplomatic channel, Party be submitted to an ad hoc arbitration tribunal and shall be constituted as followsArbitral Tribunal in accordance with the provisions of this Article.
3. The arbitration tribunal shall consist of three arbitrators who Arbitral Tribunal shall be appointed as follows:
a) constituted for each individual case in the following way. Within two months of the receipt of the written request for arbitration, each Party shall appoint one arbitrator;
b) Within one month member of their appointment, these the Tribunal. These two arbitrators members shall jointly then select a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman on approval of the arbitration tribunaltwo Parties shall be appointed Chairman of the Tribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make those the appointments.
5. If the President is prevented from carrying out the said function or if he is happens to be a national of either Party, or if he is otherwise prevented from discharging the said function, the Vice-President of the Court shall be invited to make the necessary appointments.
6. If the Vice-President is equally prevented from carrying out the said function or if he is also happens to be a national of either PartyParty or is prevented from discharging the said function, the member of the International Court of Justice 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.
75. The arbitration tribunal Arbitral Tribunal shall determine reach 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 decision by a majority of votes and its decisions votes. Such decision 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 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 costsArbitral Tribunal shall determine its own procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of disputes between themselves through the diplomatic channelforegoing procedure, the disputes may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman of State. In the arbitration tribunal.
4. If event either Party fails to appoint an arbitrator within the periods specified in paragraph 3 of this article time, the necessary appointments have not been made, either other Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make those appointmentsthe appointment.
53. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the President of the International Court of Justice.
4. If, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the Vice- President, and if the Vice-President is prevented from carrying out the said function or if he is a national of either Party, the Vice-President of the Court appointment shall be invited to make made by 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 most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the Parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VI and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall strive with good faith and mutual cooperation to reach a fair and quick settlement of any dispute arising between the Parties them concerning the interpretation and application or execution of this Agreement shallin accordance to the provisions ofArticle 19. In the event the dispute has not been settled, as far as possible, it may be settled by negotiations through submitted at the diplomatic channelrequest of either Party to an Arbitral Tribunal composed o f three members.
2. If the dispute cannot be settled within six Within a period of two months from the beginning date of negotiations, it shall at receiving the said 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 and the two arbitrators so appointed shall jointly select appoint, within a period of two months and with the approval of both Parties a national of a third State with whom both Parties maintain diplomatic relations who will act country as chairman Chairman of the arbitration tribunalTribunal.
43. If within Within the periods specified in paragraph 3 (2) of this article Article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite invites the President of o f the International Court of o f Justice to make those any necessary appointments.
5. If the President is prevented from carrying out the said function or if he is a national of either PartyParty or otherwise prevented from discharging the said function, 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 PartyParty or if the too is prevented from discharging the said function, the member of the International Court ofJustice 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.
74. The arbitration tribunal Arbitral Tribunal shall determine reach 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 decisions by a majority majoriry of votes and its votes. Such decisions shall be final fmal 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 member of the Tribunal and of its representation in the arbitral proceedings.
12. The ; the cost of the chairman Chairman and the remaining costs shall be borne in equal parts by the Parties. The Tribunal may, however, decide that a higher ~ proportion of costs shall be borne by one of the two Parties and this award shall be binding on both Parties.
13. The tribunal may decide on a different distribution shall determine its own procedures.
5. Unless agreed otherwise by the Parties, the venue ofArbitration shall be the seat of the costsPermanent Court of Arbitration at The Hague (The Netherlands).
6. All claims shall be submitted and all hearing session shall be completed within a period of six months from the date the third member is appointed, unless otherwise agreed. The Tribunal shall issue its decision within two months from the date of submitting the final claims or the date of closing the general sessions, whichever is later.
7. It shall not be permitted to submit a dispute to an Arbitral Tribunal pursuant to the provisions of this Article, if the same dispute was submitted to another Arbitral Tribunal which is still under hearing by that Tribunal save where there is consolidation.
Appears in 1 contract
Samples: Reciprocal Investment Promotion and Protection Agreement
Settlement of Disputes between the Parties. 1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between the Parties them concerning the interpretation and or application of this Agreement shallAgreement. In this regard, as far as possible, be settled by the Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Parties cannot reach an agreement within six months after the beginning of dispute between themselves through the diplomatic channelforegoing procedure, the dispute may be submitted, upon the request of either Party, to an arbitral tribunal of three members.
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 arbitrationa request, each Party party shall appoint one an arbitrator;
b) Within one month of their appointment, these . The two arbitrators shall jointly select a third arbitrator as Chairman, who is a national of a third State with whom both Parties maintain diplomatic relations who will act as chairman State. In the event either Party fails to appoint an arbitrator within the specified time, the other Party may request the president of the arbitration tribunalInternational Court of justice to make the appointment.
3. If both arbitrators cannot reach an agreement about the choice of the Chairman within two months after their appointment, the Chairman shall be appointed upon the request of either Party by the president of the International Court of Justice.
4. If within the periods specified in paragraph 3 of this article the necessary appointments have not been made, either Party mayIf, in the absence cases specified under paragraph (2) and (3) of any other agreementthis Article, invite the President 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 appointment shall be invited to make made by the necessary appointments.
6. If Vice- President, and if the Vice-President president is equally prevented from carrying out the said function or if he is a national of either Party, the appointment shall be made by the most senior member of the Court next in seniority who is not prevented from discharging the said function and is not a national of either Party Party.
5. The tribunal shall have three months from date of the selection of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognised rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the Chairman, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes.
7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Parties. The arbitration tribunal shall determine may, however, at its own rules discretion, decide that a higher proportion of procedurethe costs be paid by one of the parties.
8. The A dispute shall not be submitted to an international arbitration tribunal shall decide on the basis of court under the provisions of this Agreement as well as Article, if the same dispute has been brought before another international arbitration court under the provisions of Article VII and is still before the applicable international law.
9court. The arbitration tribunal shall decide by a majority of votes This will not impair the engagement in direct and its decisions shall be final and binding on meaningful negotiations between 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.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. 1. Disputes between the Parties concerning the interpretation and or application of this Agreement shallshould, as far as if possible, be settled by negotiations through the diplomatic channelchannels.
2. If a dispute between the dispute Parties cannot thus be settled within six months from the beginning of negotiationssettled, it shall at shall, upon the request in writing of either Party, through the diplomatic channel, be submitted to an ad hoc arbitration tribunal and shall be constituted as followsarbitral tribunal.
3. The arbitration Such an arbitral tribunal shall consist of be constituted for each individual case in the following way: Within 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 member of their appointment, these the tribunal. Those two arbitrators members shall jointly select a national of a third State with whom both who, on approval by the two Parties maintain diplomatic relations who will act as chairman shall be appointed Chairman of the arbitration tribunal. The Chairman shall be appointed within two months from the date of appointment of the other members.
4. If within the periods specified in paragraph 3 (3) of this article 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 any necessary appointments.
5. If the President is prevented from carrying out the said function a national of either Party or if he is a national of either Partyotherwise prevented from discharging the said function, 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 Party or if he too is not prevented from discharging the said function and function, the Member of the International Court of Justice next in seniority who is not a national of either Party shall be invited to make the necessary appointments.
75. The arbitration arbitral tribunal shall determine reach 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 decision by a majority of votes and its votes. Such 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 member of the tribunal and of its representation in the arbitral proceedings.
12. The ; the cost of the chairman Chairman and the remaining costs shall be borne in equal parts by both the Parties.
13. The tribunal may decide on may, however, in its decision, direct that a different distribution higher proportion of costs be borne by one of the coststwo Parties, and this award shall be binding on both Parties. The tribunal shall determine its own procedures.
Appears in 1 contract
Samples: Free Trade Agreement