Settlement of Disputes between the Parties. to the Agreement 1. Disputes of the Parties to the Agreement in relation to interpretation or application of this Agreement shall be settled, to the utmost extent, through negotiations between the Parties to the Agreement. 2. If a dispute between the Parties to the Agreement fails to be settled in that manner within six months from the beginning of negotiations, it shall be submitted, at the request of one Party to the Agreement, to an arbitration court. 3. Arbitration Court from paragraph 2 of this Article shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following the reception of an arbitration request, each Party to the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court. 4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president of the International Court of Justice, in absence of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that function, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member of the International Court of Justice subsequent according to seniority being not a citizen of any of the Parties to the Agreement shall be asked to perform the necessary appointments. 5. Arbitration court shall make decisions pursuant to provisions of this Agreement, as well as widely accepted principles and rules of the international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work procedure. 6. Each Party to the Agreement shall bear costs of its member to the court and his/her participation in arbitration procedures. The costs of the president and other costs shall be equally at the expense of both Parties to the Agreement.
Appears in 3 contracts
Samples: Reciprocal Promotion and Protection of Investments Agreement, Reciprocal Promotion and Protection of Investments Agreement, Reciprocal Promotion and Protection of Investments Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the disputes may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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, as well as widely accepted principles and the tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Agreement date of selection of the Chairman, and the tribunal shall bear costs render its decision within two months after the date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the expense 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 VII and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 2 contracts
Samples: Investment Agreement, Investment Protection Agreement
Settlement of Disputes between the Parties. 1. Any dispute between the Parties relative to the Agreement
1. Disputes of the Parties to the Agreement in relation to interpretation or application of this Agreement shall will be settled, to the utmost extent, as far as possible settled through negotiations between the Parties to the Agreementdiplomatic channels.
2. If a it were not possible to settle the dispute between the Parties to the Agreement fails to be settled in that manner this way within six months from the beginning start of the negotiations, it shall be submitted, at the request of one Party to either of the Agreementtwo Parties, to an arbitration courtarbitrage tribunal.
3. Arbitration Court from paragraph 2 of this Article The tribunal shall be constituted, on ad hoc basis, for each individual case, as followsset up in the following way: within three months following the reception of an arbitration request, each Party to the Agreement shall appoint one member to the court. Those an arbitrator and these two members arbitrators shall select the third member to the court – elect a citizen national of a third country both Parties to the Agreement having diplomatic relations with, who as president. The arbitrators shall be, with consent of both Parties to the Agreement, be appointed within three months and the president within five months from the date on which either of the arbitration courttwo Parties informed the other Party of its intention to submit the dispute to a court of arbitration.
4. If within the arbitration court fails to be constituted within terms defined periods specified in paragraph 3 of this ArticleArticle the necessary appointments have not been made, both of the Parties to the Agreement may request the president of the International Court of Justiceeither Party may, in the absence of any other agreement, to perform invite the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that function, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to make any necessary appointments. If the President is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority being who is not a citizen national of any of the Parties to the Agreement either Party shall be asked invited to perform make the necessary appointments.
5. Arbitration court The tribunal shall make decisions pursuant to provisions issue its decision on the basis of respect for the law, of the rules contained in this AgreementAgreement or in other agreements in force between the Parties, and as well as widely of the universally accepted principles and rules of the international law.
6. Arbitration Unless the Parties decide otherwise, the court shal 1 lay down its own procedure.
7. The tribunal shall make decisions reach its decision by a majority of vote. Those decisions votes and that decision shall be final and binding for on both Parties to the Agreement. The court shall establish its own work procedureParties.
68. Each Party to the Agreement shall bear costs the expenses of its member to the court arbitrator appointed by it and his/her participation those connected with representing it in the arbitration proceduresproceedings. The costs other expenses, including those of the president and other costs president, shall be equally at borne in equal parts by the expense of both Parties to the Agreementtwo Parties.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the dispute may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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 Agreementagreement. In the absence of such agreement, as well as widely accepted principles and the tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Agreement date of selection of the third arbitrator, and the tribunal shall bear costs render its decision within two months after tehe date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the expense 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 VII and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the disputes may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan Arbitral Tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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, as well as widely accepted principles and the Tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within six months of the Agreement date of selection of the Chairman, and the Tribunal shall bear costs render its decision within two months after the date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the Parties. The Tribunal may, however, at its discretion, decide that a higher proportion of the expense 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 VIII and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation interpritation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the dispute may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in the case specified under paragraph (2) and (3) of this Article, the President of the Inernational 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 appointment shall be made by the most senior member of the Court who 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 any other such agreement, to perform the necessary appointment. If tribunal shall request the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that function, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being not a citizen of any of the Parties to the Agreement shall be asked to perform the necessary appointments.
5. Arbitration court shall make decisions pursuant to provisions of this Agreement, as well as widely accepted principles and designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Agreement date of selection of the third arbitrator, and the tribunal shall bear costs render its decision with two months after the date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the expense 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 VII and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes between the Parties. to the AgreementConcerning Interpretation or Application of this Treaty
1. Disputes of Any dispute between the Parties to concerning the Agreement in relation to interpretation or application of this Agreement shall Treaty should, if possible, be settledresolved through consultations between representatives of the two Parties, to the utmost extentand if this should fail, through negotiations between the Parties to the Agreementother diplomatic channels.
2. If a the dispute between the Parties cannot be resolved through the aforesaid means, and unless there is agreement between the Parties to submit the dispute to the Agreement fails International Court of Justice, both Parties hereby agree to be settled in that manner within six months from the beginning of negotiations, submit it shall be submitted, at upon the request of one either Party to an arbitral tribunal for binding decision in accordance with the Agreement, to an arbitration courtapplicable rules and principles of international law.
3. Arbitration Court from paragraph 2 of this Article The Tribunal shall be constituted, on ad hoc basis, established for each individual case, case as follows: within three . Within two months following the reception of an arbitration requestreceipt of a request for arbitration, each Party to the Agreement shall appoint one member to the courtan arbitrator. Those The two members arbitrators so appointed shall select the a third member to the court – arbitrator as Chairman, who in a citizen national of a third country both Parties to the Agreement having diplomatic relations with, who State. The Chairman shall be, with consent of both Parties to the Agreement, be appointed the president within two months of the arbitration courtdate of appointment of the other two arbitrators.
4. If the arbitration court fails to be constituted required appointments have not been made within terms defined the time specified in paragraph 3 of this Article, both either of the Parties to the Agreement may request the president of the International Court of Justicemay, in the absence of any other agreement, to perform request that the necessary appointmentPresident of the International Court of Justice make the required appointments. If the president President is a citizen national of any one of the Parties to the Agreement, or in any other way if he is unable to perform that functionact, the vice president Vice President shall be asked to make the required to perform the necessary appointmentappointments. If the vice president Vice President is also a citizen national of any one of the Parties to or if he cannot otherwise perform said duties, the Agreement, or also unable to perform that function, a next most senior member of the International Court of Justice subsequent according to seniority being who is not a citizen national of any one of the Parties and is able to the Agreement perform said duties shall be asked to perform make the necessary required appointments.
5. Arbitration court In the event that an arbitrator resigns or is for any reason unable to perform his duties, a replacement shall make decisions pursuant to provisions of this Agreementbe appointed within thirty days, as well as widely accepted principles and rules utilizing the same method by which the arbitrator being replaced was appointed. If the replacement is not appointed within the time limit specified above, either Party may invite the President of the international lawInternational Court of Justice to make the necessary appointment. Arbitration court shall If the President is a national of either of the 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 of the Parties or is unable to act for any reason, the next most senior member of the International Court of Justice who is not a national of one of the Parties and is able to perform said duties, to make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work procedureappointment.
6. Unless otherwise agreed to by the Parties, all submissions shall be made and all hearings shall be completed within six months of the date of the selection of the third arbitrator, 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.
7. The Tribunal shall decide in all matters by majority vote. Any such decision shall be binding on both Parties. Each Party to the Agreement shall bear costs the expenses of its member to own representation in the court arbitration proceedings. Expenses incurred by the Chairman, the other arbitrators, and his/her participation in arbitration procedures. The other costs of the president and other costs proceeding shall be paid for equally by the Parties. The Tribunal may, however, at its discretion, direct that a higher proportion of the expense costs be paid by one of both the Parties. Such a decision shall be binding.
8. The Parties may agree to specific arbitral procedures. In the absence of such agreement, 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) shall govern. To the extent that procedural questions are not resolved by this Article or the Model Rules, they shall be resolved by the Tribunal.
9. This Article shall not be applicable to a dispute which has been submitted to the AgreementInternational Chamber of Commerce pursuant to Article VII (3). Recourse to the procedures set forth in this Article is not precluded, however, in the event an award rendered in such dispute is not honored by a Party; or on issue exists related to a dispute submitted to the ICC but not argued or decided in that proceeding.
10. The provisions of this Article shall not apply to a dispute arising (a) under the export credit, guarantee or insurance programs of the Export-Import Bank of the United States, or (b) under other official credit, guarantee or insurance arrangements pursuant to which the Parties have agreed to other means of settling disputes.
Appears in 1 contract
Samples: Treaty
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the dispute may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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, as well as widely accepted principles and the tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Agreement date of selection of the third arbitrator, and the tribunal shall bear costs render its decision within two months after the date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discreation, decide that a higher proportion of the expense 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 VII and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the dispute may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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, as well as widely accepted principles and the tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Agreement date of selection of the Chairman, and the tribunal shall bear costs render its decision within two months after the date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the parties. The tribunal may, however, at its discretion, decide that a higher Proportion of the expense 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 and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the dispute may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant have three months from the date of the selections of the Chairman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absence of such agreement, as well as widely accepted principles and the tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, al submissions shall be made and all hearings shall be completed within months of the Agreement date of selection of the Chairman, and the tribunal shall bear costs render its decision within two months after the date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the expense 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 VII and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the dispute may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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, as well as widely accepted principles and the tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Agreement date of selection of the Chairman, and the tribunal shall bear costs render its decision within two months after the date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the expense 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 previsions of Article VII and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes of the Parties to the Agreement in relation to interpretation or application implementation of this Agreement shall be settled, to the utmost extent, through negotiations between the Parties to the Agreement.
2. If a dispute between the Parties to the Agreement fails to be settled in that manner within six months from the beginning of negotiations, it shall be submitted, at the request of one Party to the Agreement, to an arbitration court.
3. Arbitration Court from paragraph 2 of this Article shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following the reception of an arbitration request, each Party to the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations withcountry, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president of the International Court of Justice, in absence of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that function, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member of the International Court of Justice subsequent according to seniority being not a citizen of any of the Parties to the Agreement shall be asked to perform the necessary appointments.
5. Arbitration court shall make decisions pursuant to provisions of this Agreement, as well as widely accepted principles and rules of the international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work procedure.
6. Each Party to the Agreement shall bear costs of its member to the court and his/her participation in arbitration procedures. The costs of the president and other costs shall be equally at the expense of both Parties to the Agreement.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the disputes may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 of this Article shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following the reception of an arbitration request, each Party to the Agreement shall appoint one member to the court. Those The two members arbitrators shall select the a third member to the court – arbitrator as Chairman, who is a citizen national of a third country State. If both Parties to arbitrators cannot reach an agreement about the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president choice of the arbitration court.
4. If Chairman within two months after their appointment, the arbitration court fails to Chairman shall be constituted within terms defined in paragraph 3 appointed upon the request of this Article, both of either Party by the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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, as well as widely accepted principles and the tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Agreement date of selection of the Chairman, and the tribunal shall bear costs render its decision within two months after the date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the expense 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 VII and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the dispute may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between the Parties to the Agreement fails to be settled in that manner within six months from the beginning of negotiations, it shall be submitted, at the request of one Party to the Agreement, to an arbitration court.
3. Arbitration Court from paragraph 2 of this Article shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following the reception of an arbitration request, each Party to the Agreement shall appoint one member to the courtan arbitrator. Those The two members arbitrators shall select the a third member to the court – arbitrator as Chairman, who is a citizen national of a third country both Parties to State. In the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court event either Party fails to be constituted appoint an arbitrator within terms defined in paragraph 3 of this Articlethe specified time, both of the Parties to the Agreement other Party may request the president of the International 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, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justices 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 appointment shall be made by the most senior member of the Court who 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 any other such agreement, to perform the necessary appointment. If tribunal shall request the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that function, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being not a citizen designate rules of any procedure, taking into account generally recognized rules of international arbitral procedure and within the parameters provided for in the previous para.
6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Parties to the Agreement shall be asked to perform the necessary appointments.
5. Arbitration court shall make decisions pursuant to provisions date of this Agreement, as well as widely accepted principles and rules selection of the international lawChairman, 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. Arbitration court The arbitral tribunal shall make decisions by majority of vote. Those decisions reach it decisions, which shall be final and binding for both Parties to binding, by a majority of votes,
7. Expenses incurred by the Agreement. The court shall establish its own work procedure.
6. Each Party to Chairman, the Agreement shall bear costs of its member to the court other arbitrators, and his/her participation in arbitration procedures. The other costs of the president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion decide that a higher proportion of the expense costs be paid by one of both Parties to the AgreementParties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the dispute may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between the Parties to the Agreement fails to be settled in that manner within six months from the beginning of negotiations, it shall be submitted, at the request of one Party to the Agreement, to an arbitration court.
3. Arbitration Court from paragraph 2 of this Article shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following the reception of an arbitration request, each Party to the Agreement shall appoint one member to the courtan arbitrator. Those The two members arbitrators shall select the a third member to the court – arbitrator as Chairman, who is a citizen national of a third country both Parties to State. In the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court event either Party fails to be constituted appoint an arbitrator within terms defined in paragraph 3 of this Articlethe specified time, both of the Parties to the Agreement other Party may request the president of the International 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, in the cases specified under paragraphs (2) and (3) of this Article, the President of the International Court of Justices 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 appointment shall be made by the most senior member of the Court who 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 any other such agreement, to perform the necessary appointment. If tribunal shall request the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that function, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being not a citizen designate rules of any procedure, taking into account generally recognized rules of international arbitral procedure and within the parameters provided for in the previous para.
6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Parties to the Agreement shall be asked to perform the necessary appointments.
5. Arbitration court shall make decisions pursuant to provisions date of this Agreement, as well as widely accepted principles and rules selection of the international lawChairman, 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. Arbitration court The arbitral tribunal shall make decisions by majority of vote. Those decisions reach it decisions, which shall be final and binding for both Parties to binding, by a majority of votes,
7. Expenses incurred by the Agreement. The court shall establish its own work procedure.
6. Each Party to Chairman, the Agreement shall bear costs of its member to the court other arbitrators, and his/her participation in arbitration procedures. The other costs of the president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion decide that a higher proportion of the expense 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 VII and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the disputes may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a-national of a third State, In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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, as well as widely accepted principles and 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 the international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed preferably within eight months of the Agreement date of selection of the Chairman and the tribunal shall bear costs render its decision within two months after the date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the expense costs be paid by one of the Parties.
8. A dispute shall not be submitted to an international arbitration court under the provisions of Article VII, if the same dispute has been brought before another international arbitration court under the provisions of Article VI. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the disputes may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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, as well as widely accepted principles and the tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Agreement date of selection of the Chairman, and the tribunal shall bear costs render its decision within two months after the date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the expense 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 VI and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes The Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the disputes may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functioncases specified under sub-articles (2) and (3), the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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, as well as widely accepted principles and the tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Agreement date of selection of the Chairman, and the tribunal shall bear costs render its decision within two months after the date of its member to the court and his/her participation in arbitration proceduresfinal 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 president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the expense 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 to the AgreementParties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes Parties shall seek in good faith and a spirit of cooperation a rapid and equitable solution to any dispute between them concerning the Parties to the Agreement in relation to interpretation or application of this Agreement shall Agreement. In this regard, 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 foregoing procedure, the dispute may be settledsubmitted, upon the request of either Party, to the utmost extent, through negotiations between the Parties to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior judge of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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 Agreementagreement. In the absence of such agreement, as well as widely accepted principles and the tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight months of the Agreement date of selection of the third arbitrator, and the tribunal shall bear costs render its decision within two months after the date of its member to the court final submissions or the date of the closing of the hearings, whichever is later.
7. Expenses incurred by the Chairman, the other arbitrators, and his/her participation in arbitration procedures. The other costs of the president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the expense 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 direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes between the Parties. to the Agreement
1. Disputes of between the Parties to concerning the Agreement in relation to interpretation or application of this Agreement shall should, if possible, be settled, to the utmost extent, settled through negotiations between diplomatic channels. If the Parties cannot reach an agreement within six months after the beginning of the dispute between themselves through the foregoing procedure, the dispute may be submitted, upon the request of either Party to the Agreementan arbitral tribunal of three members.
2. If Within two months of receipt of a dispute between request, each Party shall appoint an arbitrator. The two arbitrators shall select a third arbitrator as Chairman, who is a national of a third State. In the Parties to the Agreement event either Party fails to be settled in that manner appoint an arbitrator within six months from the beginning specified time, the other Party may request the President of negotiations, it shall be submitted, at the request International Court of one Party Justice to make the Agreement, to an arbitration courtappointment.
3. Arbitration Court from paragraph 2 If both arbitrators cannot reach an agreement about the choice of this Article the Chairman within two months after their appointment, the Chairman shall be constituted, on ad hoc basis, for each individual case, as follows: within three months following appointed upon the reception request of an arbitration request, each either Party to by the Agreement shall appoint one member to the court. Those two members shall select the third member to the court – a citizen of a third country both Parties to the Agreement having diplomatic relations with, who shall be, with consent of both Parties to the Agreement, appointed the president of the arbitration court.
4. If the arbitration court fails to be constituted within terms defined in paragraph 3 of this Article, both of the Parties to the Agreement may request the president President of the International Court of Justice.
4. If, in absence the cases specified under paragraphs (2) and (3) of any other agreement, to perform the necessary appointment. If the president is a citizen of any of the Parties to the Agreement, or in any other way unable to perform that functionthis Article, the vice president shall be required to perform the necessary appointment. If the vice president is also a citizen of any of the Parties to the Agreement, or also unable to perform that function, a member President of the International Court of Justice subsequent according to seniority being 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 appointment shall be made by the most senior member of the Court who is not a citizen national of any of the Parties to the Agreement shall be asked to perform the necessary appointmentseither Party.
5. Arbitration court The tribunal shall make decisions pursuant 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, as well as widely accepted principles and the tribunal shall request the President of the International Court of Justice to designate rules of the procedure, taking into account generally recognized rules of international law. Arbitration court shall make decisions by majority of vote. Those decisions shall be final and binding for both Parties to the Agreement. The court shall establish its own work arbitral procedure.
6. Each Party to Unless otherwise agreed by the Agreement Parties, all submissions shall bear costs 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 member to decision within two months after the court and his/her participation in arbitration proceduresdate of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral trlbunal 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 president and other costs proceedings shall be paid for equally by the Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the expense 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 dispute with the same subject has been brought before another international arbitration court under the provisions of Article VII and is still before the court. This will not impair the engagement in direct and meaningful negotiations between both Parties to the AgreementParties.
Appears in 1 contract
Samples: Investment Protection Agreement