Common use of Settlement of disputes between the Clause in Contracts

Settlement of disputes between the. contracting parties 1. The Contracting Parties shall seek in good faith and spirit of cooperation a rapid and equitable solution to any dispute between them concerning the interpretation or application of this Agreement. In this regard, the Contracting Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, upon the request of either Contracting Party, to an arbitral tribunal of three members. 2. Within two (2) months of receipt of a request, each Contracting Party shall appoint an arbitrator. The two arbitrators shall select of third arbitrator as Chairman, who is a national of third State. In the event either Contracting Party fails to appoint an arbitrator within the specified time, the other Contracting 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 (2) months after their appointment, the Chairman shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. 4. If, in the cases specified under paragraph (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting 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 Contracting Party, the appointment shall be made by the most senior member of the Court who is not a national of either Contracting Party. 5. The Tribunal shall have three (3) months from the date of the selection of the Chairman to agree upon rules of procedure consistent with the other provision of this Agreement, In the absence of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral procedure. 6. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the date of selection of the Chairman, and the tribunal shall render its decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes. 7. Expenses incurred by the Chairman, the other arbitrators, and other costs of the proceedings shall be paid for equally by the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion of the costs be paid by one of the Contracting Parties. 8. A dispute shall not be submitted to an international arbitral tribunal under the provisions of this Article, if a dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 and is still before the tribunal. This will not impair the engagement in direct and meaningful negotiations between both Contracting Parties.

Settlement of disputes between the. contracting partiesCONTRACTING PARTIES 1. The All disputes arising between the Contracting Parties shall seek in good faith and spirit of cooperation a rapid and equitable solution relating to any dispute between them concerning the interpretation or application of this AgreementAgreement shall, in the first place, be settled amicably by consultation. In this regardcase of disagreement, the Contracting Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may be submitted, upon the request of either Contracting Party may, subject to its laws and regulations, while sending a notice to the other Party, refer the case to an arbitral tribunal of three members. 2members consisting of two arbitrators appointed by the Contracting Parties and an umpire. Within two (2) months of receipt of a requestIn case the dispute is referred to the arbitral tribunal, each either Contracting Party shall appoint an arbitratorarbitrator within sixty days from the receipt of the notification and the arbitrators appointed by the Contracting Parties shall appoint the umpire within sixty days from the date of last appointment. The two arbitrators shall select of third arbitrator as Chairman, who is a national of third State. In the event If either Contracting Party fails to does not appoint an its own arbitrator or the appointed arbitrators do not agree on the appointment of the umpire within the specified timesaid periods, the other each Contracting Party may request the President of the International Court of Justice Justice, to make appoint the arbitrator of the failing party or the umpire, as the case may be. However the umpire shall be a national of a state having diplomatic relations with both Contracting Parties at the time of the appointment. 32. If both arbitrators cannot reach an agreement about In case the choice of the Chairman within two (2) months after their appointment, the Chairman shall umpire is to be appointed upon the request of either Contracting Party by the President of the International Court of Justice. 4. If, in the cases specified under paragraph (2) and (3) of this Article, if the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the Vicevice-Presidentpresident of the International Court of Justice, and if the Vicevice-President president is also prevented from carrying out the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member of the Court said court who is not a national of either Contracting Party. 53. The Tribunal Each Contracting Party shall have three (3) months from bear the date costs of its own member of the selection tribunal or its representation in the arbitral proceedings; the cost of the Chairman to agree upon rules of procedure consistent with umpire and remaining costs shall be borne by the other provision of this Agreement, In the absence of such agreementContracting Parties in equal parts. However, the tribunal shall request may decide different proportions of costs to be borne by the President of the International Court of Justice to designate rules of procedure, taking into account generally recognized rules of international arbitral proceduretwo Contracting Parties. 64. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within eight (8) months of the date of selection of the Chairman, and the tribunal shall render its decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes. 7. Expenses incurred by the Chairman, the Subject to other arbitrators, and other costs of the proceedings shall be paid for equally provisions agreed by the Contracting Parties, the arbitral tribunal shall determine its procedure and the place of arbitration. 5. The tribunal may, however, at its discretion, decide that a higher proportion decisions of the costs arbitral tribunal shall be paid by one of binding on the Contracting Parties. 8. A dispute shall not be submitted to an international arbitral tribunal under the provisions of this Article, if a dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 and is still before the tribunal. This will not impair the engagement in direct and meaningful negotiations between both Contracting Parties.

Settlement of disputes between the. contracting partiesparties to the agreement 1. The Contracting Disputes of the Parties shall seek to the Agreement in good faith and spirit of cooperation a rapid and equitable solution relation to any dispute between them concerning the interpretation or application of this Agreement. In this regard, the Contracting Parties agree to engage in direct and meaningful negotiations to arrive at such solutions. If the Contracting Parties cannot reach an agreement within six (6) months after the beginning of disputes between themselves through the foregoing procedure, the disputes may Agreement shall be submitted, upon the request of either Contracting Partysettled, to an arbitral tribunal of three membersthe utmost extent, through negotiations between the Parties to the Agreement. 2. Within two (2) If a dispute between the Parties to the Agreement fails to be settled in that manner within six months from the beginning of receipt negotiations, it shall be submitted, at the request of a 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 Contracting Party to the Agreement shall appoint an arbitratorone member to the court. The Those two arbitrators members shall select the third member to the court – a citizen of a third arbitrator as Chairmancountry both Parties to the Agreement having diplomatic relations with, who is a national shall be, with consent of third Stateboth Parties to the Agreement, appointed the president of the arbitration court. 4. In If the event either Contracting Party arbitration court fails to appoint an arbitrator be constituted within terms defined in paragraph 3 of this Article, both of the specified time, Parties to the other Contracting Party Agreement may request the President 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 make the appointment. 3. If both arbitrators canseniority being not reach an agreement about the choice a citizen of any of the Chairman within two (2) months after their appointment, Parties to the Chairman Agreement shall be appointed upon asked to perform the request of either Contracting Party by the President of the International Court of Justice. 4. If, in the cases specified under paragraph (2) and (3) of this Article, the President of the International Court of Justice is prevented from carrying out the said function or if he is a national of either Contracting 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 Contracting Party, the appointment shall be made by the most senior member of the Court who is not a national of either Contracting Partynecessary appointments. 5. The Tribunal Arbitration court shall have three (3) months from the date of the selection of the Chairman make decisions pursuant to agree upon rules of procedure consistent with the other provision provisions of this Agreement, In the absence of such agreement, the tribunal shall request the President as well as widely accepted principles and rules of the International Court international law. Arbitration court shall make decisions by majority of Justice vote. Those decisions shall be final and binding for both Parties to designate rules of procedure, taking into account generally recognized rules of international arbitral the Agreement. The court shall establish its own work procedure. 6. Unless otherwise agreed, all submissions Each Party to the Agreement shall be made bear costs of its member to the court and all hearings shall be completed within eight (8) months his/her participation in arbitration procedures. The costs of the date of selection of the Chairman, and the tribunal shall render its decision within two (2) months after the date of the final submissions or the date of the closing of the hearings, whichever is later. The arbitral tribunal shall reach its decisions, which shall be final and binding, by a majority of votes. 7. Expenses incurred by the Chairman, the other arbitrators, president and other costs of the proceedings shall be paid for equally by at the Contracting Parties. The tribunal may, however, at its discretion, decide that a higher proportion expense of both Parties to the costs be paid by one of the Contracting PartiesAgreement. 8. A dispute shall not be submitted to an international arbitral tribunal under the provisions of this Article, if a dispute on the same matter has been brought before another international arbitral tribunal under the provisions of Article 10 and is still before the tribunal. This will not impair the engagement in direct and meaningful negotiations between both Contracting Parties.