Common use of SETTLEMENT OF DISPUTES BETWEEN Clause in Contracts

SETTLEMENT OF DISPUTES BETWEEN. Contracting Parties (1) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. (2) If a dispute between the Contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4) If within the periods specified in paragraph (3) of this Article the necessary appointments have not been made, either Contracting 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 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 International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decisions by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the 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 tribunal may, however, in its decision direct that a higher proportion of cost shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedure.

Appears in 2 contracts

Samples: Bilateral Investment Treaty, Investment Agreement

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SETTLEMENT OF DISPUTES BETWEEN. Contracting PartiesTHE CONTRACTING PARTIES (1) . Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if possible, be settled through consultation or diplomatic channels. (2) . If a any dispute between the Contracting Parties cannot thus be settledsettled within six (6) months, it shall upon shall, at 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 . The arbitral tribunal shall be constituted for each individual case in the following way. : Within two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those These two members shall then select a national of a third State State, who on approval by of the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. (4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have not been made, a request may be made by either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary such 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 also is a national of either Contracting Party or if he too, is prevented from discharging the said function function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5) . The arbitral tribunal shall reach its decisions decision by a majority of votes. Such decision shall be binding on both Contracting Parties. 6. Each Contracting Party shall bear the cost costs of its own member of the 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 Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of cost shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The arbitral tribunal shall determine its own procedure.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement

SETTLEMENT OF DISPUTES BETWEEN. Contracting Partiescontracting parties (1) . Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled through diplomatic channelsnegotiations between the Contracting Parties. (2) . If a dispute between the Contracting Parties cannot thus be settledsettled within six months after the beginning of negotiations, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3) . Such an arbitral tribunal shall be constituted for each individual case in the following way. : Within two three months of from the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (. 4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have not been made, either Contracting 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 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, also is prevented from discharging the said function function, the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5) . The arbitral tribunal shall reach its decisions decision on the basis of the provisions of the present Agreement concluded between the Contracting Parties as well as the generally accepted principles and rules of international law. The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal final 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 tribunal may, however, in its decision direct that a higher proportion of cost shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine determines its own procedure.

Appears in 1 contract

Samples: Investment Protection Agreement

SETTLEMENT OF DISPUTES BETWEEN. Contracting PartiesTHE CONTRACTING PARTIES (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this the Agreement shouldshall, if possible, be settled by negotiation through diplomatic channels. (2) If a any dispute between the Contracting Parties cannot thus be settledsettled within six months, it shall upon at 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 for each individual case in the following way. Within : within two months of from the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those These two members shall then select a national of a third State State, who on approval by of the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4) If within the periods specified in paragraph (3) of this Article the necessary appointments have not been made, a request may be made by either Contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make any necessary such 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 also is a national of either Contracting Party or if he too, is prevented from discharging the said function function, the member Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decisions decision by a majority of votes. Such decision shall be binding on both Contracting Parties. . (6) Each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of cost costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The arbitral tribunal shall determine its own procedure.

Appears in 1 contract

Samples: Investment Promotion and Protection Agreement

SETTLEMENT OF DISPUTES BETWEEN. Contracting PartiesTHE CONTRACTING PARTIES (1) . Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shouldshall, if as far as possible, be settled amicably through diplomatic channels. (2) . If a dispute between the Contracting Parties according to paragraph (1) of this Article cannot thus be settled, it shall upon the request of either Contracting Party Party, be submitted to an arbitral arbitration tribunal (hereinafter referred to as ‘‘the tribunal’’). (3) Such an arbitral . The tribunal shall be constituted for each individual case in the following way. ad hoc as follows: Within two (2) months of the receipt of the request for arbitration, arbitration each Contracting Party shall appoint one member arbitrator. The third arbitrator who shall be the chairman of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties , shall be appointed Chairman by agreement of the tribunal. The Chairman shall be appointed Contracting Parties within two months from the date of appointment of the other two members(2) further months. (4) . If within the periods specified in paragraph (3) of this Article the necessary appointments have are not been madeobserved, either Contracting Party may, in the absence of any other agreementrelevant arrangement, invite the President of the International Court of Justice to make any necessary appointmentsappoint the arbitrator or arbitrators not yet appointed. If the President of the International Court of Justice is a national of either of the Contracting Party Parties 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 or in case of either Contracting Party or if he too, is prevented from discharging the said function his inability the member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall should be invited under the same conditions to make the necessary appointments and so on until one is qualified to make the appointments. (5) . The arbitral tribunal shall reach its decisions decision by a majority of votes. Such The decision shall be final and binding on both and the Contracting PartiesParties shall abide by and comply with the terms of its award. 6. Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its legal representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman chairman and the remaining costs shall be borne in equal parts by the both Contracting Parties. The tribunal may, however, in its decision award direct that a higher proportion of cost the costs shall be borne by one of the two Contracting Parties. 7. Apart from the above, and this award shall be binding on both Contracting Parties. The the tribunal shall determine establish its own rules of procedure.

Appears in 1 contract

Samples: Agreement on the Promotion and Protection of Investments

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SETTLEMENT OF DISPUTES BETWEEN. Contracting PartiesTHE CONTRACTING PARTIES (1) Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement should, if possible, shall be settled through diplomatic channels. (2) If a dispute between the both Contracting Parties cannot thus reach an agreement within six months after the beginning of the dispute between themselves, the dispute shall, upon request of either Contracting Party, be settledsubmitted to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, it 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 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 as concerns the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party be submitted to an arbitral tribunalby the President of the International Court of Justice. (5) If, in the cases specified under paragraphs (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. and (4) If within the periods specified in paragraph (3) of this Article the necessary appointments have not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If is prevented from carrying out the President is a national of either Contracting Party said function or if he is otherwise prevented from discharging a citizen of either Contracting Party, the said function, appointment shall be made by the Vice-President shall be invited to make and if the necessary appointments. If the Vice-President latter is prevented or if he is a national citizen of either Contracting Party or if he tooParty, is prevented from discharging the said function appointment shall be made by the member most senior Judge of the International Court of Justice next in seniority who is not a national citizen of either Contracting Party shall be invited to make the necessary appointmentsParty. (56) The arbitral Subject to other provisions made by the Contracting Parties, the tribunal shall reach determine its decisions by a majority of votes. Such decision shall be binding on both Contracting Parties. procedure. (7) Each Contracting Party shall bear the cost of its own member of the 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 tribunal may, however, in its decision award direct that a higher proportion of cost costs shall be borne by one of the two Contracting Parties, . (8) The awards of the tribunal are final and this award shall be binding on both for each Contracting Parties. The tribunal shall determine its own procedureParty.

Appears in 1 contract

Samples: Investment Protection Agreement

SETTLEMENT OF DISPUTES BETWEEN. Contracting PartiesTHE CONTRACTING PARTIES (1) Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement should, if possible, shall be settled through diplomatic channels. (2) If a dispute between the both Contracting Parties cannot thus reach an agreement within six months after the beginning of the dispute between themselves, the dispute shall, upon request of either Contracting Party, be settledsubmitted to an arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, it 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 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 as concerns the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party be submitted to an arbitral tribunalby the President of the International Court of Justice. (5) If, in the cases specified under paragraphs (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. and (4) If within the periods specified in paragraph (3) of this Article the necessary appointments have not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If is prevented from carrying out the President is a national of either Contracting Party 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 citizen of either Contracting Party Party, the appointment shall be made by the Vice- President and if the latter is prevented or if he toois a citizen of either Contracting Party, is prevented from discharging the said function appointment shall be made by the member most senior Judge of the International Court of Justice next in seniority who is not a national citizen of either Contracting Party shall be invited to make the necessary appointmentsParty. (56) The arbitral Subject to other provisions made by the Contracting Parties, the tribunal shall reach determine its decisions by a majority of votes. Such decision shall be binding on both Contracting Parties. procedure. (7) Each Contracting Party shall bear the cost of its own member of the 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 tribunal may, however, in its decision award direct that a higher proportion of cost costs shall be borne by one of the two Contracting Parties, . (8) The awards of the tribunal are final and this award shall be binding on both for each Contracting Parties. The tribunal shall determine its own procedureParty.

Appears in 1 contract

Samples: Agreement on the Promotion and Reciprocal Protection of Investments

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