Common use of Settlement of disputes between the Clause in Contracts

Settlement of disputes between the. parties 1. Any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channel. 2. If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, each Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal. 4. If the arbitral tribunal has not been constituted within 4 months from the receipt of the written notice requesting arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Parties. The arbitral tribunal shall, upon the request of either Party, explain the reasons of its award. 7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Parties. 1. Any dispute between an investor of one Party and the other Party in connection with an investment in the territory of the other Party shall, as far as possible, be settled amicably through negotiations between the parties to the dispute. 2. If the dispute cannot be settled through negotiations within 6 months from the date on which the disputing investor requested for the consultation or negotiation in writing, and if the disputing investor has not submitted the dispute for resolution to the competent court (16) or any other binding dispute settlement mechanism (17) of the Party receiving the investment, it may be submitted to one of the following international conciliation or arbitration fora by the choice of the investor (18): (a) conciliation or arbitration in accordance with the International Center for Settlement of Investment Disputes (ICSID), under the Convention on the Settlement of Disputes between States and Nationals of Other States, done at Washington on March 18th, 1965; (b) conciliation or arbitration under the Additional Facility Rules of the International Centre for Settlement of Investment Disputes so long as the ICSID Convention is not in force between the Parties; (c) arbitration under the arbitration Rules of the United Nations Comission on International Trade Law; and (d) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules. For more clarity, the election of one dispute settlement fora shall be definitive and exclusive. 3. An arbitral tribunal established under paragraph 2 shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. 4. The disputing investor who intends to submit the dispute to conciliation or arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of its intent to do so at least 90 days before the claim is submitted. The notice of intent shall specify: (a) the name and address of the disputing investor; (b) the specific measures of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Chapter alleged to have been breached; (c) the waiver of the disputing investor from the right to initiate any proceedings before any of the other dispute settlement for referred to in paragraph 2 in relation to the matter under dispute; (d) conciliation or arbitration set forth in paragraph 2 which the disputing investor will choose; and (e) the relief sought and the approximate amount of expropriation claimed. 5. Notwithstanding paragraph 4, no claim may be submitted to conciliation or arbitration set forth in paragraph 2, if more than 3 years have elapsed since the date on which the disputing investor became aware, or should reasonably have become aware, of a breach of an obligation under this Chapter causing loss or damage to the disputing investor or its investment referred to in paragraph 1. 6. The arbitration award shall be final and binding upon both parties to the dispute. Both Parties shall commit themselves to the enforcement of the award.

Settlement of disputes between the. contracting parties 1. Any The Contracting Parties shall be settled as far as possible, any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation Agreement or through consultations through diplomatic channelchannels. 2. If a the dispute canhas not thus be been settled within 6 monthssix months following the date on which such consultations or other diplomatic channel requested by either Contracting Party and unless the contracting parties otherwise agree in writing either Contracting Party may, it shall, upon by written notice to the request of either Party, be submitted other Contracting Party submit the dispute to an ad hoc arbitral tribunal. tribunal in accordance with the following provisions of this article. 3. Such The arbitral tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, shall be constituted as follows: each Contracting Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select member and these two members shall agree upon a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal to be appointed by the two contracting parties. such members shall make the appointment within a period of three months, and the designation of the Chairman within five months from the date on which either Contracting Party has informed the other contracting party of its intention to submit the dispute to an arbitral tribunal. 4. If within the arbitral tribunal has periods specified in paragraph 3 above have not been constituted within 4 months from the receipt of the written notice requesting arbitrationcomplied with, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If if the President of the International Court of Justice is a national of either Contracting Party or if, in which case, is otherwise unable to perform its functions, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. if the Vice-President of the International Court of Justice is a national of either Contracting Party or if he too is prevented from discharging the said its functions, the Member member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said functions shall be invited to make such the necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award decisions by a majority of votes. Such award such decision shall be made in accordance with this Agreement and the rules of international law previously accepted and shall be final and binding upon on both Partiescontracting parties. The each Contracting Party shall in the cost of the member appointed by the arbitral tribunal shall, upon the request of either Party, explain the reasons of its award. 7. Each appointed by that Contracting Party shall bear as well as the costs of its appointed arbitrator and of for its representation in arbitral the proceedings. The relevant the cost of the Chairman as well as any other costs of the Chairman and tribunal arbitration proceedings shall be borne in equal parts by the Parties. 1two contracting parties. Any dispute between an investor however, the arbitral tribunal may, at its discretion, or appoint a higher proportion of one Party and the other Party in connection with an investment in the territory of the other Party shall, as far as possible, all such costs be settled amicably through negotiations between the parties to the dispute. 2. If the dispute cannot be settled through negotiations within 6 months from the date on which the disputing investor requested for the consultation or negotiation in writing, and if the disputing investor has not submitted the dispute for resolution to the competent court (16) or any other binding dispute settlement mechanism (17) of the Party receiving the investment, it may be submitted to paid by one of the following international conciliation or arbitration fora by the choice of the investor (18): (a) conciliation or arbitration Contracting Parties. in accordance with the International Center for Settlement of Investment Disputes (ICSID), under the Convention on the Settlement of Disputes between States and Nationals of Other States, done at Washington on March 18th, 1965; (b) conciliation or arbitration under the Additional Facility Rules of the International Centre for Settlement of Investment Disputes so long as the ICSID Convention is not in force between the Parties; (c) arbitration under the arbitration Rules of the United Nations Comission on International Trade Law; and (d) if agreed with the disputing Party, any arbitration in accordance with all other arbitration rules. For more clarityrespects, the election of one dispute settlement fora tribunal shall be definitive and exclusivedetermine its own procedure. 3. An arbitral tribunal established under paragraph 2 shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. 4. The disputing investor who intends to submit the dispute to conciliation or arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of its intent to do so at least 90 days before the claim is submitted. The notice of intent shall specify: (a) the name and address of the disputing investor; (b) the specific measures of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Chapter alleged to have been breached; (c) the waiver of the disputing investor from the right to initiate any proceedings before any of the other dispute settlement for referred to in paragraph 2 in relation to the matter under dispute; (d) conciliation or arbitration set forth in paragraph 2 which the disputing investor will choose; and (e) the relief sought and the approximate amount of expropriation claimed. 5. Notwithstanding paragraph 4, no claim may be submitted to conciliation or arbitration set forth in paragraph 2, if more than 3 years have elapsed since the date on which the disputing investor became aware, or should reasonably have become aware, of a breach of an obligation under this Chapter causing loss or damage to the disputing investor or its investment referred to in paragraph 1. 6. The arbitration award shall be final and binding upon both parties to the dispute. Both Parties shall commit themselves to the enforcement of the award.

Settlement of disputes between the. parties 1. Any Either party may have recourse to arbitration between States, once it has exhausted the procedure provided for in paragraph 3 of article 18 without which the dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channelhas been settled. 2. The objective of the arbitration is made in accordance with this Agreement as may be declared as recommended by the arbitral award. The parties may agree, however, that arbitrators examine the existence of injury caused by the measure in question and establish, through the award compensation for such damage. If a dispute cannot thus the arbitral award provides monetary compensation, the party that receives such compensation shall be settled within 6 monthssent to the holders of rights of the investment in question, it shallminus the costs of the dispute, upon the request in accordance with internal procedures of either Party, be submitted to an ad hoc arbitral tribunal. each party. 3. Such This article shall not apply to any dispute that arose or any measure that has been adopted before the date of Entry into Force Agreement. 4. The Parties may establish an arbitral tribunal comprises specific to the dispute in accordance with paragraph 5 of 3 arbitratorsthis article, or to opt jointly to submit the dispute to a mechanism for the settlement of disputes between States in respect of investments. 5. Within 2 In the event of the establishment of an arbitral tribunal to the dispute within a period no greater than two (2) months of the receipt of the written notice requesting request for arbitration, through the diplomatic channel, each Party party shall appoint one arbitratormember of the arbitral tribunal. Those 2 arbitrators shall, within further 2 months, together select two Members shall designate a national of a third State having diplomatic relations with both Parties who, upon who on approval by the Parties, two parties shall be appointed as Chairman of the arbitral tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members of the arbitral tribunal. 46. If within the arbitral tribunal has periods specified in paragraph 5 of this article have not been constituted within 4 months from made the receipt of the written notice requesting arbitrationnecessary appointments, either Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next is a national of either party or is prevented from exercising the function said, the Vice- President shall be invited to make the necessary appointments. If the Vice-President is a national of a party or is prevented from exercising the function, the said member of the International Court of Justice to continue in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said functions shall be invited to make such the necessary appointments. 57. Arbitrators shall: a) Be persons of high moral and have the necessary expertise or experience in International Law and have expertise in the area related to the dispute; b) Be independent of and not be affiliated with any of the parties or with the other arbitrators or potential witnesses, directly or indirectly, or receive instructions from the parties, and c) Comply with the standards of conduct for the implementation of the Understanding on Rules and Procedures Governing the Settlement of Disputes of the World Trade Organization (WTO / DSB / RC / 1 of 11 December 1996), which is applicable to the dispute, or any other standards of conduct established by the Joint Committee. 8. The arbitral tribunal shall determine its own procedure. The arbitral tribunal procedure and shall reach take its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award decision by a majority of votes. Such award decision shall be final and binding upon on both Partiesparties. The arbitral tribunal shallUnless otherwise agreed, upon the request of either Party, explain the reasons of its award. 7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs decision of the Chairman and arbitral tribunal shall be borne in equal parts by issued within six (6) months following the Parties. 1. Any dispute between an investor of one Party and the other Party in connection with an investment in the territory appointment of the other Party shallPresident, as far as possible, be settled amicably through negotiations between the parties to the dispute. 2. If the dispute cannot be settled through negotiations within 6 months from the date on which the disputing investor requested for the consultation or negotiation in writing, and if the disputing investor has not submitted the dispute for resolution to the competent court (16) or any other binding dispute settlement mechanism (17) of the Party receiving the investment, it may be submitted to one of the following international conciliation or arbitration fora by the choice of the investor (18): (a) conciliation or arbitration in accordance with the International Center paragraphs 4 and 5 of this article. Part IV. Agenda for Settlement of Investment Disputes (ICSID), under the Convention on the Settlement of Disputes between States further cooperation and Nationals of Other States, done at Washington on March 18th, 1965; (b) conciliation or arbitration under the Additional Facility Rules of the International Centre for Settlement of Investment Disputes so long as the ICSID Convention is not in force between the Parties; (c) arbitration under the arbitration Rules of the United Nations Comission on International Trade Law; and (d) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules. For more clarity, the election of one dispute settlement fora shall be definitive and exclusive. 3. An arbitral tribunal established under paragraph 2 shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. 4. The disputing investor who intends to submit the dispute to conciliation or arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of its intent to do so at least 90 days before the claim is submitted. The notice of intent shall specify: (a) the name and address of the disputing investor; (b) the specific measures of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Chapter alleged to have been breached; (c) the waiver of the disputing investor from the right to initiate any proceedings before any of the other dispute settlement for referred to in paragraph 2 in relation to the matter under dispute; (d) conciliation or arbitration set forth in paragraph 2 which the disputing investor will choose; and (e) the relief sought and the approximate amount of expropriation claimed. 5. Notwithstanding paragraph 4, no claim may be submitted to conciliation or arbitration set forth in paragraph 2, if more than 3 years have elapsed since the date on which the disputing investor became aware, or should reasonably have become aware, of a breach of an obligation under this Chapter causing loss or damage to the disputing investor or its investment referred to in paragraph 1. 6. The arbitration award shall be final and binding upon both parties to the dispute. Both Parties shall commit themselves to the enforcement of the award.facilitation