SETTLEMENT OF DISPUTES BETWEEN. THE CONTRACTING PARTIES 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled by consultation through diplomatic channels. 2. If the dispute has not been settled within a period of six months from the date on which either Contracting Party raised the matter, it may be submitted at the request of either Contracting Party to an Arbitral Tribunal. 3. Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third State having diplomatic relations with both Contracting Parties, as the chairman to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such chairman within four months from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an Arbitral Tribunal. 4. If within the periods specified in paragraph 3 above the necessary appointments have not been made, either Contracting Party shall, in the absence of any other arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting 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 Contracting Party or if he, too, is prevented from discharging the said function, the member of the Court 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 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 Contracting Parties. 6. The Arbitral Tribunal shall reach its decision by a majority of votes, and this award shall be final and binding on both Contracting Parties The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its award. 7. Each Contracting Party shall bear the cost of its own member of the Arbitral Tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties
Appears in 3 contracts
Samples: Bilateral Investment Treaty, Investment Agreement, Investment Agreement
SETTLEMENT OF DISPUTES BETWEEN. THE CONTRACTING PARTIESContracting parties
1. Any dispute 1- Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement shall, if possible, shall be settled by consultation through diplomatic channels.
2. 2- If the dispute has both Contracting Parties cannot been settled reach an agreement within a period of six months from the date on which start of the negotiations, the dispute shall, upon request of either Contracting Party raised the matterParty, it may be submitted at to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a national of a third State.
3- If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party to an Arbitral Tribunalby the President of the International Court of Justice.
3. Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third State having diplomatic relations with both Contracting Parties, as the chairman to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such chairman within four months from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an Arbitral Tribunal.
4. If within the periods specified in paragraph 3 above the necessary appointments have not been made, either Contracting Party shall5- If, in the absence cases specified under paragraphs 3 and 4 of any other arrangementthis Article, invite the President of the International Court of Justice to make is prevented from carrying out the necessary appointments. If the President said function or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented from carrying out the said function 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 Contracting Party or if he, too, is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the Court 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 the necessary appointmentsParty.
5. 6- 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 Contracting Parties.
6. The Arbitral Tribunal tribunal shall reach its decision by a majority of votes, and this award shall be final and binding on both Contracting Parties The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its award.
7. 7- The tribunal shall issue its decision on the basis of respect for the national law, the provisions of this Agreement, as well as of the universally accepted principles of international law.
8- Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure.
9- Each Contracting Party shall bear the cost of its own member of the Arbitral Tribunal arbitrator it has appointed and of its representation in the arbitral proceedings; the . The cost of the Chairman chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that arbitration tribunal may make a higher proportion of costs shall be borne by one different regulation concerning costs. 10- The decisions of the two tribunal are final and binding for each Contracting PartiesParty.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
SETTLEMENT OF DISPUTES BETWEEN. THE CONTRACTING PARTIESContracting parties
1. Any dispute 1- Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement shall, if possible, shall be settled by consultation through diplomatic channels.
2. 2- If the dispute has both Contracting Parties cannot been settled reach an agreement within a period of six months from the date on which start of the negotiations, the dispute shall, upon request of either Contracting Party raised the matterParty, it may be submitted at to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a national of a third State.
3- If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party to an Arbitral Tribunalby the President of the International Court of Justice.
3. Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third State having diplomatic relations with both Contracting Parties, as the chairman to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such chairman within four months from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an Arbitral Tribunal.
4. If within the periods specified in paragraph 3 above the necessary appointments have not been made, either Contracting Party shall5- If, in the absence cases specified under paragraphs 3 and 4 of any other arrangementthis Article, invite the President of the International Court of Justice to make is prevented from carrying out the necessary appointments. If the President said function or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented from carrying out the said function 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 Contracting Party or if he, too, is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the International Court next in seniority of Justice who is not a national of either Contracting Party or is not otherwise prevented from discharging the said functions, shall be invited to make the necessary appointmentsParty.
5. 6- 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 Contracting Parties.
6. The Arbitral Tribunal tribunal shall reach its decision by a majority of votes, and this award shall be final and binding on both Contracting Parties The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its award.
7. 7- The tribunal shall issue its decision on the basis of respect for the law, the provisions of this Agreement, as well as of the universally accepted principles of international law.
8- Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure.
9- Each Contracting Party shall bear the cost of its own member of the Arbitral Tribunal arbitrator it has appointed and of its representation in the arbitral proceedings; the . The cost of the Chairman chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that arbitration tribunal may make a higher proportion of costs shall be borne by one different regulation concerning costs. 10- The decisions of the two tribunal are final and binding for each Contracting PartiesParty.
Appears in 1 contract
Samples: Investment Protection Agreement
SETTLEMENT OF DISPUTES BETWEEN. THE CONTRACTING PARTIES
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshall be settled, if to the extent possible, be settled by consultation through diplomatic channelsnegotiations between the Contracting Parties.
2. If the dispute has cannot been be settled within a period of six months from the date on which of a written receipt for negotiations by either Contracting Party raised the matterParty, it may be submitted at shall, upon the request of either Contracting Party Party, be submitted to an Arbitral Tribunalarbitral tribunal.
3. Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Each Contracting Party shall appoint one member, and these member of the arbitral tribunal within two months of the receipt of the request for arbitration. Those two members shall agree upon then select a national of a third State having diplomatic relations with both Contracting Partieswho, as the chairman to be appointed by upon approval of the two Contracting Parties. Such members , shall be appointed Chairman of the arbitral tribunal within two months, and such chairman within four months one month from the date on which either Contracting Party has informed of the appointment of the other Contracting Party that it intends to submit the dispute to an Arbitral Tribunaltwo members.
4. If within the periods time-limits specified in paragraph 3 above the necessary appointments have not been made, either Contracting Party shallmay, in the absence of any other arrangementagreement between the Contracting Parties, invite the President of the International Court of Justice to make the necessary such appointments. If the President of the International Court of Justice is a national of the State of either Contracting Party Parties or if he is otherwise prevented from discharging unable to discharge the said function, 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 the State of either Contracting Party Parties or if he, too, is prevented from discharging otherwise unable to discharge the said function, the member of the International Court of Justice next in seniority who is not a national of the State of either Contracting Party or is and not otherwise prevented from discharging the said functions, function shall be invited to make 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 Contracting Parties.
6. The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes, and this award . Such decision shall be final and legally binding on both Contracting Parties The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its award.
7Parties. Each Contracting Party shall bear the cost costs of activities of its own member of the Arbitral Tribunal arbitral tribunal and of its representation in the arbitral arbitration proceedings; . Costs related to the cost activities of the Chairman of the arbitral tribunal and the remaining other costs shall be borne in equal parts by the Contracting Parties. The Arbitral Tribunal arbitral tribunal may, however, in its decision direct that a higher proportion portion of costs shall be borne by one of the two Contracting Parties and such decision shall be binding upon both Contracting Parties. The arbitral tribunal shall establish its own rules of procedure.
Appears in 1 contract
Samples: Investment Protection Agreement
SETTLEMENT OF DISPUTES BETWEEN. THE CONTRACTING PARTIESContracting parties
1. Any dispute 1- Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement shall, if possible, shall be settled by consultation through diplomatic channels.
2. 2- If both Contracting Parties cannot reach an agreement within six months after the beginning of the consultations, the dispute shall, upon request of either Contracting Party, be submitted to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a citizen of a third state.
3- If one of the Contracting Parties has not been settled within a period appointed its arbitrator and has not followed the invitation of six months from the date on which either other Contracting Party raised to make that appointment within two months, the matterarbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, it may the latter shall be submitted at the appointed upon request of either Contracting Party to an Arbitral Tribunalby the President of the International Court of Justice.
3. Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third State having diplomatic relations with both Contracting Parties, as the chairman to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such chairman within four months from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an Arbitral Tribunal.
4. If within the periods specified in paragraph 3 above the necessary appointments have not been made, either Contracting Party shall5- If, in the absence cases specified under paragraphs 3 and 4 of any other arrangementthis Article, invite the President of the International Court of Justice to make is prevented from carrying out the necessary appointments. If the President is a national of either Contracting Party said function or if he is otherwise prevented from discharging the said functiona citizen of either Contracting Party, the Vice- President appointment shall be invited to make the necessary appointments. If made by the Vice-President President, and if the latter is prevented or if he is a national citizen of either Contracting Party or if he, too, is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the Court next in seniority who is not a national citizen of either Contracting Party or is not otherwise prevented from discharging the said functions, shall be invited to make the necessary appointmentsParty.
5. 6- The Arbitral Tribunal arbitral tribunal shall determine its own procedureprocedures, unless the Contracting Parties agree otherwise. The Arbitral Tribunal tribunal shall reach its award in accordance with decide the provisions of dispute according to this Agreement and to other relevant agreements between the Contracting Parties and to the principles of international law recognized by both Contracting Parties.
6and shall take into account, as may be appropriate, relevant domestic laws. The Arbitral Tribunal tribunal shall reach its decision by a majority of votes, and this award . Such a decision shall be final and binding on for both Contracting Parties The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its awardParties.
7. 7- Each Contracting Party shall bear the cost of its own member of the Arbitral Tribunal arbitrator it has appointed and of its representation in the arbitral proceedings; the . The cost of the Chairman chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of unless the two Contracting Partiesarbitral tribunal decides otherwise.
Appears in 1 contract
Samples: Investment Protection Agreement
SETTLEMENT OF DISPUTES BETWEEN. THE CONTRACTING PARTIES
1. Any dispute between the Contracting Parties concerning relative to the interpretation or application of this Agreement shall, if possible, shall as far as possible be settled by consultation through diplomatic channels.
2. If it is not possible to settle the dispute has not been settled in this way within six months from the start of the negotiations, it shall be submitted, at the request of either of the two Contracting Parties, to an arbitral tribunal.
3. The arbitral tribunal shall be set up in the following way: each Contracting Party shall appoint one arbitrator and these two arbitrators shall select a period national of six a third country as Chairman. The arbitrators shall be appointed within three months and the Chairman within five months from the date on which either Contracting Party raised the matter, it may be submitted at the request of either Contracting Party to an Arbitral Tribunal.
3. Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third State having diplomatic relations with both Contracting Parties, as the chairman to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such chairman within four months from the date on which either Contracting Party has Parties informed the other Contracting Party that it intends of its intention to submit the dispute to an Arbitral Tribunalarbitral tribunal.
4. If within the periods specified in paragraph 3 above of this Article the necessary appointments have not been made, either Contracting Party shallmay, in the absence of any other arrangementagreement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice- Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he, too, he too is prevented from discharging the said function, 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 the necessary appointments. 5. Chairman of the arbitral tribunal shall be a national of a third State with which both Contracting Parties maintain diplomatic relations.
56. The Arbitral Tribunal arbitral tribunal shall determine issue its own procedure. The Arbitral Tribunal shall reach its award decision in accordance with the provisions of this Agreement Agreement, other relevant agreements in force between the Contracting Parties and the applicable rules and principles of international law recognized by both Contracting Partieslaw.
67. Unless the Contracting Parties decide otherwise, the arbitral tribunal shall lay down its own procedure.
8. The Arbitral Tribunal arbitral tribunal shall reach its decision by a majority of votes, votes and this award that decision shall be final and binding on both Contracting Parties The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its awardParties.
79. Each Contracting Party shall bear the cost expenses of its own member arbitrator and those connected with representing it in the arbitration proceedings. The other expenses, including those of the Arbitral Tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs Chairman, shall be borne in equal parts by the Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties.
Appears in 1 contract
Samples: Agreement on the Reciprocal Promotion and Protection of Investments
SETTLEMENT OF DISPUTES BETWEEN. THE CONTRACTING PARTIES
(1. Any dispute between the ) The two Contracting Parties shall strive with good faith and mutual cooperation to reach a fair and quick settlement of any dispute arising between them concerning the interpretation or application of execution of this Agreement shall, if possible, be settled by consultation through diplomatic channels.
2Agreement. In this connection the two parties hereby agree to enter into direct objective negotiations to reach such settlement. If the dispute disagreement has not been settled within a period of six months from the date on which the matter was raised by either Contracting Party raised the matterParty, it may be submitted at the request of either Contracting Party to an Arbitral TribunalTribunal composed of three members.
3. Such an Arbitral Tribunal shall be constituted ad hoc as follows: (2) Within a period of two months from the date of receiving the said request each Contracting Party shall appoint one memberarbitrator, and these the two members arbitrators so appointed shall agree upon appoint, within a period of two months and with the approval of both Contracting Parties, a national of a third State having diplomatic relations with both Contracting Parties, country as Chairman of the chairman to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such chairman within four months from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an Arbitral Tribunal.
4. (3) If within the periods specified in paragraph 3 above (2) of this Article the necessary appointments have not been made, either Contracting Party shallmay, in the absence of any other arrangement, agreement invite the President of the International Court of Justice to make the any necessary appointments. If otherwise prevented from discharging of said function, the Vice President shall be invited to make the necessary appointment. If the Vice President is a national of either Contracting 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 Contracting Party or if he, too, too is prevented from discharging the said function, 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 the necessary appointmentsappointment.
5. (4) 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 Contracting Parties.
6. The Arbitral Tribunal tribunal shall reach its decision by a majority of votes, and this award . Such decisions shall be final and binding on both Contracting Parties The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its award.
7Parties. Each Contracting Party shall bear the cost of its own member of the Arbitral Tribunal tribunal and of its representation in the arbitral proceedings; : the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The Arbitral Tribunal may, however, however in its decision direct that a higher proportion of costs cost shall be borne born by one of the two Contracting Parties and this award shall be binding on both Contracting Parties. The Tribunal shall determine its own procedure.
(5) All claims shall be submitted and all hearing session shall be completed within a period of eight months from the date the third member is appointed, unless otherwise agreed. The tribunal shall issue its decision within two moths from the date of submitting the final claims or the date of closing the general sessions, whichever is later.
(6) It shall not be permitted to submit a dispute to an Arbitration Tribunal pursuant to the rules of this Article if the same dispute was submitted to another Arbitration Tribunal pursuant to the rules of Article (8) hereunder and which is still under hearing by that Tribunal. This, however, shall not affect entering into direct and constructive negotiations between the Contracting Parties.
Appears in 1 contract
Samples: Investment Agreement
SETTLEMENT OF DISPUTES BETWEEN. THE CONTRACTING PARTIESContracting parties
1. Any dispute 1- Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement shall, if possible, shall be settled by consultation through diplomatic channels.
2. 2- If the dispute has both Contracting Parties cannot been settled reach an agreement within a period of six months from the date on which start of the negotiations, the dispute shall, upon request of either Contracting Party raised the matterParty, it may be submitted at to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a national of a third State, which has diplomatic relations with both Contracting Parties.
3- If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party to an Arbitral Tribunalby the President of the International Court of Justice.
3. Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third State having diplomatic relations with both Contracting Parties, as the chairman to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such chairman within four months from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an Arbitral Tribunal.
4. If within the periods specified in paragraph 3 above the necessary appointments have not been made, either Contracting Party shall5- If, in the absence cases specified under paragraphs 3 and 4 of any other arrangementthis Article, invite the President of the International Court of Justice to make is prevented from carrying out the necessary appointments. If the President said function or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented from carrying out the said function 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 Contracting Party or if he, too, is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the Court 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 the necessary appointmentsParty.
5. 6- 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 Contracting Parties.
6. The Arbitral Tribunal tribunal shall reach its decision by a majority of votes, and this award shall be final and binding on both Contracting Parties The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its award.
7. 7- The tribunal shall issue its decision on the basis of respect for the general principles of law, the provisions of this Agreement, as well as the generally accepted principles of international law.
8- Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure.
9- Each Contracting Party shall bear the cost of its own member of the Arbitral Tribunal arbitrator and of its representation in the arbitral proceedings; the . The cost of the Chairman chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that arbitration tribunal may make a higher proportion of costs shall be borne by one different regulation concerning costs. 10- The decisions of the two tribunal are final and binding for each Contracting PartiesParty.
Appears in 1 contract
Samples: Investment Protection Agreement
SETTLEMENT OF DISPUTES BETWEEN. THE CONTRACTING PARTIESContracting parties
1. Any dispute 1- Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement shall, if possible, shall be settled by consultation through diplomatic channels.
2. 2- If the dispute has both Contracting Parties cannot been settled reach an agreement within a period of six months from the date on which start of the negotiations, the dispute shall, upon request of either Contracting Party raised the matterParty, it may be submitted at to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a national of a third State.
3- If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the International Court of Justice.
4- If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party to an Arbitral Tribunalby the President of the International Court of Justice.
3. Such an Arbitral Tribunal shall be constituted ad hoc as follows: each Contracting Party shall appoint one member, and these two members shall agree upon a national of a third State having diplomatic relations with both Contracting Parties, as the chairman to be appointed by the two Contracting Parties. Such members shall be appointed within two months, and such chairman within four months from the date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an Arbitral Tribunal.
4. If within the periods specified in paragraph 3 above the necessary appointments have not been made, either Contracting Party shall5- If, in the absence cases specified under paragraphs 3 and 4 of any other arrangementthis Article, invite the President of the International Court of Justice to make is prevented from carrying out the necessary appointments. If the President said function or if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented from carrying out the said function 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 Contracting Party or if he, too, is prevented from discharging the said functionParty, the member appointment shall be made by the most senior Judge of the Court 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 the necessary appointmentsParty.
5. 6- 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 Contracting Parties.
6. The Arbitral Tribunal tribunal shall reach its decision by a majority of votes, and this award shall be final and binding on both Contracting Parties The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its award.
7. 7- The tribunal shall issue its decision on the basis of respect for the law, the provisions of this Agreement, as well as of the universally accepted principles of international law.
8- Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure.
9- Each Contracting Party shall bear the cost of its own member of the Arbitral Tribunal arbitrator it has appointed and of its representation in the arbitral proceedings; the . The cost of the Chairman chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that arbitration tribunal may make a higher proportion of costs shall be borne by one different regulation concerning costs. 10- The decisions of the two tribunal are final and binding for each Contracting PartiesParty.
Appears in 1 contract
Samples: Investment Protection Agreement
SETTLEMENT OF DISPUTES BETWEEN. THE CONTRACTING PARTIES
(1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled by consultation through diplomatic channels.
(2. ) If the any dispute has cannot been be settled within a period of six months from the date on which either Contracting Party raised the mattermonths, it may be submitted at shall, upon the request of either Contracting Party Party, be submitted to an ad hoc Arbitral TribunalTribunal in accordance with the provisions of this Article.
(3. ) Such an Arbitral Tribunal shall be constituted ad hoc as followsfor each individual case in the following way: Within two months from the date of receipt of the request for arbitration, each Contracting Party shall appoint one member, and these member of the Tribunal. These two members shall agree upon then select a national of a third State having diplomatic relations State, with which both Contracting PartiesParties maintain diplomatic relations, as the chairman to be appointed by who on approval of the two Contracting PartiesParties shall be appointed Chairman of the Tribunal. Such members The Chairman shall be appointed within two months, and such chairman within four months from the date on which either Contracting Party has informed of appointment of the other Contracting Party that it intends to submit the dispute to an Arbitral Tribunaltwo members.
(4. ) If within the periods specified in paragraph 3 above (3) of this Article the necessary appointments have not been made, a request may be made by either Contracting Party shall, in the absence of any other arrangement, invite to the President of the International Court of Justice to make such appointments, subject to the necessary appointmentssame consideration set out in paragraph (3). If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice- Vice-President shall be invited to make the necessary appointments. If the Vice-President also is a national of either Contracting Party or if he, too, is prevented from discharging the said function, the member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party or is not otherwise prevented from discharging the said functionsParty, shall be invited to make 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 Contracting Parties.
6. The Arbitral Tribunal shall reach its decision by a majority of votes, and this award . Such decision shall be final and binding on both Contracting Parties The Arbitral Tribunal shall, upon the request of either Contracting Party, explain the reasons for its awardParties.
7. (6) Each Contracting Party shall bear the cost costs of its own member of the Arbitral Tribunal arbitrator and of its representation in the arbitral proceedings; the cost . The costs of the Chairman and the remaining costs shall be borne in equal parts by the both Contracting Parties. The Arbitral Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties.
Appears in 1 contract
Samples: Investment Protection Agreement