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 through diplomatic channels. 2. If any dispute between the Contracting Parties cannot be settled within six months (6) 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 (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 (2) 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 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 is also prevented from discharging the function, the said member of the International Court of Justice the oldest 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 and shall be binding on both contracting parties. each Contracting Party shall assume the costs 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters. 6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 20 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, 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 through diplomatic channelsconsultation or negotiation.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal of three members, in accordance with the provisions of this Article.
3. Such an arbitral tribunal 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. The These two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed the Chairman of the TribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two (2) three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is happens to be a national of either Contracting Party Party, or if he the President is otherwise prevented from discharging the said function, the Vice-Vice- President shall be invited to make the necessary appointments. if If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes.
6. The Tribunal shall be binding issue its decision on both contracting partiesthe basis of respect for the law, the provisions of this Agreement, as well as of the universally accepted principles of international law.
7. each Subject to other provisions made by the Contracting Parties, the Tribunal shall determine its procedure.
8. Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator and of its representation in the arbitral proceedings; the cost of the Chairman Chair and the remaining costs shall be borne in equal parts by both Contracting Parties. The Arbitral Tribunal may make a different regulation concerning the contracting partiescosts.
9. The decisions of the Tribunal are final and binding for each Contracting Parties. The Tribunal mayshall, howeverupon request of either Contracting Party, in explain the reasons of its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersaward.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 16 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting parties
(1. Any ) If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this Agreement shallAgreement, if possible, be settled through diplomatic channels.
2. If any dispute between the Contracting Parties cannot shall in the first place try to settle it by negotiation.
(2) If the Contracting Parties fail to reach a settlement of the dispute by negotiation, it may be settled within six months (6) It shall upon referred by them to such person or body as they may agree on or, at the request of either a Contracting Party, shall be submitted for decision to an arbitral tribunal.
3. Such an arbitral a tribunal of three arbitrators which shall be constituted for each individual case in the following way. Within two manner:
(2a) months of the within 30 days after receipt of the a request for arbitration, each Contracting Party shall appoint one member arbitrator. A national of a State which can be regarded as neutral in relation to the dispute, who shall act as President of the Tribunaltribunal, shall be appointed as the third arbitrator by agreement between the two arbitrators, within 60 days of the appointment of the second;
(b) if within the time limits specified above any appointment has not been made, a Contracting Party may request the President of the Council of the International Civil Aviation Organization to make the necessary appointment within 30 days. The two members shall then select If the President considers that he is a national of a third State, who on approval by State which cannot be regarded as neutral in relation to 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 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 the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said functiondispute, the most senior Vice-President shall be invited to make the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not disqualified on that ground shall make the appointment.
(3) Except as hereinafter provided in this Article or as otherwise agreed by the Contracting Parties, the tribunal shall determine the limits of its jurisdiction and establish its own procedure. At the direction of the tribunal, or at the request of a national of either Contracting Party, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than 30 days after the tribunal is fully constituted.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within 45 days after the tribunal is fully constituted. Replies shall be invited to make due 60 days later. The tribunal shall hold a hearing at the necessary appointmentsrequest of a Contracting Party, or at its discretion, within 30 days after replies are due.
(5) The tribunal shall attempt to give a written decision within 30 days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The arbitral tribunal decision shall reach its decisions be taken by a majority vote.
(6) A Contracting Party may submit a request for clarification of votes the decision within 15 days after it is received and such clarification shall be issued within 15 days of such request.
(7) The decision of the tribunal shall be binding on both contracting parties. each the Contracting Parties.
(8) Each Contracting Party shall assume bear the costs 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 arbitrator appointed by the contracting partiesit. The Tribunal may, however, in its decision that a higher proportion other costs of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules be shared equally by the Contracting Parties including any expenses incurred by the President or Vice-President of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis Council of the International Civil Aviation Organization in implementing the procedures in paragraph (2)(b) of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedArticle.
Appears in 13 contracts
Samples: Air Services Agreement, Air Services Agreement, Air Services Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute Disputes between the Contracting Parties parties concerning the interpretation or and application of this Agreement shall, if possible, presenteacuerdo shall be settled as far as possible through diplomatic channels.
2. If any dispute between the Contracting Parties an agreement cannot be settled achieved within a period of six months (6) It shall upon from the request date of notification of lacontroversia, either Contracting Party, be submitted party may refer the dispute to an arbitral tribunaltribunal in accordance with the provisions of this article.
3. Such an The arbitral tribunal shall consist of three members and shall be constituted for each individual case in the following way. Within manner: within two (2) months from the date of the receipt notification of the request for arbitration, each Contracting Party party shall appoint one member an arbitrator. These two arbitrators eligirán within thirty days of the Tribunal. The two members appointment of the last one, a third member who shall then select be a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of State and chair the Tribunal. The designation of the Chairman shall be appointed approved by the parties within two (2) months 30 days from the date of appointment of the other two membershis nomination.
4. If within the periods specified in paragraph 3 2 of this article the necessary appointments have appointment has not been mademade or required the approval has not been granted, either Contracting Party may, in the absence of any other agreement, invite party may request the President of the International Court of Justice to make the necessary appointmentsappointment. 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 is also prevented from discharging the function, the said member of the International Court of Justice is prevented from carrying out the oldest said function or if he is a national of either party, the appointment shall be made by the Vice-President and if the latter is prevented or is a national of either party, the appointment shall be made by the judge of the Court who in antiguedad and who is not a national of either Contracting Party shall be invited to make one of the necessary appointmentsParties.
5. The President of the Tribunal shall be a national of a State with which both parties mantenganrelaciones diplomatic.
6. The arbitral tribunal shall reach its decisions decide on the basis of the provisions of this article, the International delderecho principles and general principles of law recognized by the parties. The Tribunal shall decide by a majority of votes and shall be binding on both contracting partiesdetermine its own procedural rules.
7. each Contracting Each Party shall assume bear the costs of its own member of the Tribunal and of its representation arbitrator, as well as those relating to the surepresentación in the arbitral proceedings; the . The cost of the Chairman and the remaining costs of the proceedings shall be borne removed in equal parts by the contracting parties, unless they agree otherwise.
8. The decisions of the Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, final and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 9 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes. between the contracting parties
1. Any If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this Agreement shallAgreement, if possible, be settled through diplomatic channelsthe Contracting Parties shall in the first place endeavour to settle it by negotiation.
2. If any dispute between the Contracting Parties cannot be settled within six months (6) It shall upon fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to an arbitrator, or the dispute may at the request of either Contracting Party, Party be submitted for decision to an arbitral tribunala tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated.
3. Such Each of the Contracting Parties shall nominate an arbitral tribunal arbitrator within a period of sixty
4. If either of the Contracting Parties fails to nominate an arbitrator within the period specified or the third arbitrator is not appointed within in the period specified, the President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In such case, the third arbitrator shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The two members shall then select a national of a third State, who on approval by the two Contracting Parties State and shall be appointed Chairman act as president of the Tribunal. The Chairman tribunal and shall determine the place where the arbitration will 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 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 the necessary appointmentsheld. If the President considers that he is a national of either Contracting Party or if he is otherwise prevented from discharging a state, which cannot be regarded as neutral in relation to the said functiondispute, the Vice-most senior Vice President shall be invited to make the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party disqualified on that ground shall be invited to make the necessary appointments.
5. The arbitral tribunal shall reach its decisions decision by a majority of votes and shall be binding on both contracting parties. each Contracting Party shall assume the costs 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 partiesvotes.
5. The Tribunal may, however, in its Contracting Parties undertake to comply with any decision that a higher proportion given under paragraph (2) of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersArticle.
6. The arbitral tribunal shall make its If and as long as either Contracting Party fails to comply with any decision on given under paragraph (2) of this Article, the basis other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of to the Contracting Party where in default or to a designated airline in default.
7. The expenses of the investment concerned is locatedarbitral tribunal, including the fees and expenses of the arbitrators, shall be shared equally by the Contracting Parties. Any expenses incurred by the President of the Council of the International Civil Aviation Organization in connection with the procedures of paragraph (4) of this Article shall be considered to be part of the expenses of the arbitral tribunal.
Appears in 9 contracts
Samples: Air Transport Agreement, Air Transport Agreement, Air Transport Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shallshall be settled, if as far as possible, be settled through the diplomatic channel. If the dispute is not resolved through diplomatic channelschannels within a period of six (6) months, the dispute shall be submitted to an ad hoc joint committee composed of the representatives of the Contracting Parties; The latter shall meet without delay at the request of the most diligent Contracting Party.
2. If any the ad hoc Joint Committee can not settle the dispute between the Contracting Parties cannot be settled within six months (6) It months from the beginning of the negotiations, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunaltribunal at the request of one of the Contracting Parties.
3. Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of arbitrator, and the Tribunal. The two members arbitrators shall then select jointly designate a third arbitrator, who shall be a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman as President of the Tribunaltribunal. The Chairman arbitrators shall be appointed within two three (23) months, the President within five (5) months from the date of appointment on which one of the Contracting Parties notified the other two membersContracting Party of his To submit the dispute to an arbitral tribunal.
4. If within the periods specified time limits laid down in paragraph 3 of this article the necessary appointments (3) above have not been madecomplied with, either Contracting Party may, in the absence of any other agreement, shall invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either the International Court of Justice has the nationality of one of the Contracting Party Parties, or if he is otherwise prevented from discharging the said exercising this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. if If the Vice- Vice-President is a national has the nationality of either one of the Contracting Party Parties or if he is also prevented from discharging the functionexercising his mandate, the said most senior member of the International Court of Justice the oldest who is not a national of either Party Contracting Party Parties, shall be invited to make the necessary appointments.such
5. The arbitral tribunal shall reach its decisions decide on the basis of the provisions of this Agreement and of the rules and principles of international law. The decision of the tribunal shall be adopted by a majority of votes and votes. It shall be final and binding on both contracting partiesthe Contracting Parties. each Each Contracting Party shall assume the costs of undertakes to implement these decisions in accordance with its own member of the Tribunal laws 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 partiesregulations.
6. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
67. Each Contracting Party shall bear the expenses of its arbitrator and of its representation in the arbitration proceedings. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law costs of the President and other costs shall be borne equally by the Contracting Party where the investment concerned is locatedParties.
Appears in 8 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, if possible, be settled through diplomatic channels.
2. If any a dispute between the Contracting Parties cannot thus be settled settled, within six months (6) It months, it shall upon the request of either Contracting Party, 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 (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. The Those two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunaltribunal. The Chairman shall be appointed within two (2) three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article 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 the 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 , If the Vice- President is a national of either Contracting Party or if he too is also prevented from discharging the said function, the said member members of the International Court of Justice the oldest 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 and votes. Such decision shall be binding on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs cost of its own member of the 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 partiesContracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting partiesContracting Parties, and this decision award shall be binding on both contracting partiesContracting Parties. the The tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 8 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute Disputes arising between the Contracting Parties contracting parties concerning the interpretation or and application of this Agreement shall, if possible, shall be settled as far as possible through diplomatic channelsdirect negotiations.
2. If any dispute between the Contracting Parties an agreement cannot be settled achieved within a period of six months (6) It shall upon from the request date of notification of the dispute, either Contracting Party, be submitted Party may submit it to an ad hoc arbitral tribunaltribunal in accordance with the provisions of this article.
3. Such an The arbitral tribunal shall consist of three members and shall be constituted for each individual case in the following way. Within manner: within two (2) months after the date of the receipt notification of the request for arbitration, each Contracting Party shall appoint one member an arbitrator. Those two arbitrators within thirty days after the appointment of the Tribunal. The two members last one, shall then select a third member who shall be a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of chair the Tribunal. The designation of the Chairman shall be appointed approved by the Contracting Parties within two (2) months from thirty days after the date of appointment of the other two membershis nomination.
4. If within the periods specified in paragraph 3 of this article article, the necessary appointments have appointment has not been mademade or required the approval has been granted, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make the necessary appointmentsappointment. 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 or if he is otherwise prevented from discharging the said functionParty, the Vice-President shall be invited to make the necessary appointments. appointment, and if the Vice- President latter is prevented or is a national of either of the Contracting Party or if he is also prevented from discharging the functionParties, the said member judge of the International Court of Justice the oldest who in seniority who is not a national of either one of the Contracting Party Parties shall be invited to make the necessary appointmentsappointment.
5. The President of the Tribunal shall be a national of a third State with which both contracting parties maintain diplomatic relations.
6. The arbitral tribunal shall reach its decisions decide on the basis of the provisions of this Agreement and the principles of international law and applicable general principles of law recognized by the contracting parties. The Tribunal shall decide by a majority of votes and shall be binding on both contracting partiesdetermine its own procedural rules.
7. each Each Contracting Party shall assume bear the costs of its own member of the Tribunal and of arbitrator, as well as those relating to its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining costs of the proceedings shall be borne removed in equal parts by the contracting partiesparties unless they agree otherwise.
8. The decisions of the Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, final and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 7 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute between arising under this Agreement, except those that may arise under paragraph 3 of Article 12 (Pricing), that is not resolved by a first round of formal consultations may be referred by agreement of the Contracting Parties concerning for decision to some person or body. If the interpretation or application of this Agreement Parties do not so agree, the dispute shall, if possible, be settled through diplomatic channels.
2. If any dispute between the Contracting Parties cannot be settled within six months (6) It shall upon at the request of either Contracting Party, be submitted to an arbitral tribunalarbitration in accordance with the procedures set forth below.
32. Such an arbitral tribunal Arbitration shall be by a tribunal of three arbitrators to be constituted for each individual case in the following way. as follows:
a. Within two (2) months of 30 days after the receipt of the a request for arbitration, each Contracting Party shall name one arbitrator. Within 60 days after these two arbitrators have been named, they shall by agreement appoint one member a third arbitrator, who shall act as President of the Tribunalarbitral tribunal;
b. If either Party fails to name an arbitrator, or if the third arbitrator is not appointed in accordance with subparagraph a of this paragraph, either Party may request the President of the Council of the International Civil Aviation Organization to appoint the necessary arbitrator or arbitrators within 30 days. If the President of the Council is of the same nationality as one of the Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.
3. Except as otherwise agreed, the arbitral tribunal shall determine the limits of its jurisdiction in accordance with this Agreement and shall establish its own procedural rules. The two members shall then select tribunal, once formed, may recommend interim relief measures pending its final determination. At the direction of the tribunal or at the request of either of the Parties, a national of a third State, who on approval by conference to determine the two Contracting Parties precise issues to be arbitrated and the specific procedures to be followed shall be appointed Chairman of held not later than 15 days after the Tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two memberstribunal is fully constituted.
4. If Except as otherwise agreed or as directed by the tribunal, each Party shall submit a memorandum 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 45 days of the International Court of Justice to make time the necessary appointmentstribunal is fully constituted. If Replies shall be due 60 days later. The tribunal shall hold a hearing at the President is a national request 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 is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointmentson its own initiative within 15 days after replies are due.
5. The arbitral tribunal shall reach its decisions by attempt to render a written decision within 30 days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision of the majority of votes and shall be binding on both contracting parties. each Contracting Party shall assume the costs 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprevail.
6. The Parties may submit requests for clarification of the decision within 15 days after it is rendered and any clarification given shall be issued within 15 days of such request.
7. Each Party shall, to the degree consistent with its national law, give full effect to any decision or award of the arbitral tribunal tribunal.
8. The expenses of the arbitral tribunal, including the fees and expenses of the arbitrators, shall make its decision on be shared equally by the basis Parties. Any expenses incurred by the President of the Council of the International Civil Aviation Organization in connection with the procedures of paragraph 2b of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law Article shall be considered to be part of the Contracting Party where expenses of the investment concerned is locatedarbitral tribunal.
Appears in 6 contracts
Samples: Air Transport Agreement, Air Transport Agreement, Air Transport Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if whenever possible, be settled amicably through diplomatic channelsconsultations.
2. If any a dispute between the Contracting Parties cannot be settled within six months (6) It shall upon through consultations, it shall, at the request of either Contracting Party, be submitted to an arbitral tribunaltribunal for decision.
3. Such an An arbitral tribunal shall be constituted for each individual case in the following waydispute. Within two (2) months of the Months after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one member of to the Tribunalarbitral tribunal. The two members shall then select a national of a third StateState who, who on approval upon approyal by the two Contracting Parties Parties, shall be appointed Chairman of the Tribunalarbitral tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members.members of the arbitral tribunal..
4. If within the periods specified in paragraph 3 of this article 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 the necessary appointments. If the President is a national of either Contracting Party party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is a national of either Contracting Party or if he is also prevented from discharging the said function, the said member Member of the International Court of Justice the oldest next in seniority, who is not a national of either Contracting Party contracting Party, shall be invited to make the necessary appointments.
5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesContracting Parties. each Unless otherwise agreed, the decision of The arbitral tribunal shall be rendered within six months of the appointment of the Chairman in accordance with paragraphs 3 or 4 of this Article.
6. Each Contracting Party shall assume bear the costs of its own member of the Tribunal tribunal and of its representation in the arbitral proceedingsproceeding; the cost of costs related to the Chairman and the any remaining costs shall be borne in equal parts equally by the contracting partiesContracting Parties. The Tribunal arbitral tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting partiesContracting Parties, and this decision award shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 6 contracts
Samples: Investment Agreement, Investment Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Each Contracting Party shall accord sympathetic consideration to, and shall afford adequate opportunity for consultations regarding, such representations as the other Contracting Party may make with respect to any matter affecting the operation of this Agreement.
2. Any dispute between the Contracting Parties concerning as to the interpretation or application of this Agreement shallAgreement, if possiblenot satisfactorily adjusted by diplomacy, shall be settled through diplomatic channels.
2referred for decision to an arbitration board. If any dispute between Such arbitration board shall be composed of three arbitrators, with each Contracting Party appointing one arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Parties canParty from the other Contracting Party of a note requesting arbitration of the dispute, and the third arbitrator to be agreed upon as President by the two arbitrators so chosen within a further period of sixty (60) days, provided that the third arbitrator shall not be settled within six months (6) It shall upon the request a national of either Contracting Party, be submitted to an arbitral tribunal.
3. Such an arbitral tribunal shall be constituted for each individual case in If the following way. Within two (2) months of third arbitrator is not agreed upon between the receipt of the request for arbitration, arbitrators appointed by each Contracting Party shall appoint one member within the further period of sixty (60) days referred to in paragraph 2, the Tribunal. The 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 (2) 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 request the President of the International Court of Justice to make appoint the necessary appointmentsthird arbitrator who shall not be a national of either Contracting Party. If the President of the International Court of Justice is prevented from performing the above- mentioned duty or is a national of either Contracting Party or if he is otherwise prevented from discharging Party, the said function, necessary appointment shall be made by the Vice- President. If the Vice-President shall be invited to make is prevented from performing the necessary appointments. if the Vice- President above-mentioned duty or is a national of either Contracting Party or if he is also prevented from discharging the functionParty, too, the said member of necessary appointment shall be made by the International Court of Justice the oldest next senior judge who is shall not be a national of either Contracting Party shall be invited to make the necessary appointmentsParty.
54. The arbitral tribunal arbitration board shall within a reasonable period of time reach its decisions by a majority of votes and votes. Such decisions shall be binding on both contracting partiesfinal and binding.
5. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator and of its representation in the arbitral proceedings; the . The cost of the Chairman President of the arbitration board in discharging his or her duties and the remaining costs of the arbitration board shall be borne in equal parts equally by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 5 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment 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, shall be settled through diplomatic channelsas far as possible by negotiations.
2. If any a dispute between the Contracting Parties according to paragraph 1 of this Article cannot be settled within six months (6) It months it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal.paragraph 1 of this Article cannot be settled within six (6) months 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 (2) months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party party shall appoint one member of the Tribunal. The arbitrator and these two members arbitrators shall then select agree upon a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of the TribunalStates as their chairman. The Chairman Such arbitrators shall be appointed within two (2) months from the date of appointment of one Contracting Party has informed the other Contracting Party, of its intention to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within two members(2) further months.
4. If within the periods specified in paragraph 3 of this article the necessary appointments have Article 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 the necessary appointments. 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 president or in case of his inability the member of the International court of Justice next in seniority should be invited under the same conditions to make the necessary appointments.paragraph 3 of this Article are not observed, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. if If the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either of the Contracting Party shall Parties or if he is otherwise prevented from discharging the said function, the Vice-president or in case of his inability the member of the International court of Justice next in seniority should be invited under the same conditions to make the necessary appointments.
5. The arbitral tribunal shall reach its decisions by a majority of votes and shall be binding on both contracting parties. each Contracting Party shall assume the costs 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine establish its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make reach its decision on by virtue of the basis of this present Agreement and any agreement in force between pursuant to the two parties and rules of international law recognized by both parties. It shall reach its decision by a majority of votes; the decision shall be final and binding.
7. Each Contracting Party shall bear the costs of its own member and of its legal representation in general and take into account, as appropriate, the domestic law arbitration proceedings. The costs of the chairman and the remaining costs shall be bone in equal parts by both Contracting Party where the investment concerned is locatedParties. The tribunal may, however, in its award determine another distribution of costs.
Appears in 5 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes. 1. If any dispute arises between the contracting parties
1. Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shallthey shall in the first place endeavour to settle it through formal consultations within the Joint Committee. Such formal consultations shall begin as soon as possible and notwithstanding paragraph 4 of Article 17 within a period of no more than 30 days from the date of receipt by one Party of the written request made by the other Party, if possiblereferring to this Article, be settled through diplomatic channelsunless otherwise decided by the Parties.
2. If any the dispute between the Contracting Parties canis not be settled resolved within six months (6) 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 (2) months 60 days of the receipt of the request for arbitrationformal consultations, each Contracting Party shall appoint one member it may be referred to a person or body for decision by consent of the TribunalParties. If the Parties do not so consent, the dispute shall, at the request of either Party be submitted to arbitration by a tribunal of three arbitrators in accordance with the procedures set forth below.
3. Within 30 days from the receipt of a request for arbitration each Party to the dispute shall nominate an independent arbitrator. The third arbitrator shall be appointed within a further period of 45 days by agreement between the two members arbitrators named by the Parties. If either of the Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organization may be requested by either Party to appoint an arbitrator or arbitrators as the case requires. If the President is of the same nationality as one of the Parties, the most senior Vice President who is not disqualified on that ground shall then select make the appointment. In all cases the third arbitrator shall be a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman act as President of the Tribunal. The Chairman Tribunal and shall determine the place where arbitration will be appointed within two (2) months from the date of appointment of the other two membersheld.
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 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 is also prevented from discharging the function, the said member of the International Court of Justice the oldest 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 and shall be binding on both contracting parties. each Contracting Party shall assume the costs 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine establish its own rules of procedure and the timetable for all the proceedings.
5. At the request of a Party the Tribunal may order the other mattersParty to the dispute to implement interim relief measures pending the Tribunal's final determination.
6. The arbitral tribunal Tribunal shall make its attempt to render a written decision on within 180 days from the basis receipt of the request for arbitration. The decision of the majority of the Tribunal shall prevail.
7. If the Tribunal determines that there has been a violation of this Agreement and any agreement in force the responsible Party does not cure the violation, or does not reach a resolution with the other Party to the dispute on a mutually satisfactory solution within 30 days after notification of the Tribunal's decision, the other Party may suspend the application of equivalent benefits arising under this Agreement until such time as the dispute has been resolved.
8. The expenses of the Tribunal shall be shared equally between the two parties and international law in general and take into account, as appropriateParties to the dispute.
9. For the purposes of this Article, the domestic law of European Community and the Contracting Party where the investment concerned is locatedMember States shall act together.
Appears in 5 contracts
Samples: Air Transport Agreement, Air Transport Agreement, Air Transport Agreement
Settlement of Disputes. between the contracting parties
(1. Any ) If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this Agreement shallAgreement, if possible, be settled through diplomatic channels.
2. If any dispute between the Contracting Parties cannot shall in the first place try to settle it by negotiation.
(2) If the Contracting Parties fail to reach a settlement of the dispute by negotiation, it may be settled within six months (6) It shall upon referred by them to such person or body as they may agree on or, at the request of either a Contracting Party, shall be submitted for decision to an arbitral tribunal.
3. Such an arbitral a tribunal of three arbitrators which shall be constituted for each individual case in the following way. Within two manner:
(2a) months of the within 30 days after receipt of the a request for arbitration, each Contracting Party shall appoint one member arbitrator. A national of a State which can be regarded as neutral in relation to the dispute, who shall act as President of the Tribunaltribunal, shall be appointed as the third arbitrator by agreement between the two arbitrators, within 60 days of the appointment of the second;
(b) if within the time limits specified above any appointment has not been made, a Contracting Party may request the President of the Council of the International Civil Aviation Organization to make the necessary appointment within 30 days. The two members shall then select If the President considers that he is a national of a third State, who on approval by State which cannot be regarded as neutral in relation to 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 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 the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said functiondispute, the Vice-President shall be invited to make the necessary appointments. if the most senior Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not disqualified on that ground shall make the appointment.
(3) Except as hereinafter provided in this Article or as otherwise agreed by the Contracting Parties, the tribunal shall determine the limits of its jurisdiction and establish its own procedure. At the direction of the tribunal, or at the request of a national of either Contracting Party, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than 30 days after the tribunal is fully constituted.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within 45 days after the tribunal is fully constituted. Replies shall be invited to make due 60 days later. The tribunal shall hold a hearing at the necessary appointmentsrequest of a Contracting Party, or at its discretion, within 30 days after replies are due.
(5) The tribunal shall attempt to give a written decision within 30 days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The arbitral tribunal decision shall reach its decisions be taken by a majority vote.
(6) A Contracting Party may submit a request for clarification of votes the decision within 15 days after it is received and such clarification shall be issued within 15 days of such request.
(7) The decision of the tribunal shall be binding on both contracting parties. each the Contracting Parties.
(8) Each Contracting Party shall assume bear the costs 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 arbitrator appointed by the contracting partiesit. The Tribunal may, however, in its decision that a higher proportion other costs of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules be shared equally by the Contracting Parties including any expenses incurred by the President or Vice-President of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis Council of the International Civil Aviation Organization in implementing the procedures in paragraph (2)(b) of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedArticle.
Appears in 5 contracts
Samples: Air Services Agreement, International Air Services Agreement, Air Services Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channelsconsultation or negotiation.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 TribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two (2) three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 4 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, 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 as far as possible, be settled through diplomatic channelsamicable negotiations.
(2. ) If any a dispute between the Contracting Parties cannot be settled according to paragraph (2) within six months (6) It shall from the time the dispute arose it shall, upon the request of either Contracting Party, be submitted to an arbitral tribunal.
(3. ) Such an ad hoc arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each as follows: Each Contracting Party shall appoint one member of the Tribunal. The and these two members shall then select agree upon a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of the TribunalState as their chairman. The Chairman Such members shall be appointed within two (2) months from the date of appointment of one Contracting Party has informed the other Contracting Party, that it intends to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within the next two membersmonths.
(4. ) If within the periods specified in paragraph 3 of this article the necessary appointments have (3) 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 the necessary appointments. 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 or in case of his inability the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party shall next in seniority should be invited under the same conditions to make the necessary appointments.
(5. ) The tribunal shall establish its own rules of procedure.
(6) The arbitral tribunal shall reach its decisions decision by applying the provisions of the present Agreement and pursuant to the generally recognized rules of international law. It shall reach its decision by a majority of votes and votes. The decision shall be binding on both contracting parties. each final and binding.
(7) Each Contracting Party shall assume bear the 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 contracting partiesboth Contracting Parties. The Tribunal tribunal may, however, in its decision that a higher proportion award determine another distribution of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matterscosts.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 4 contracts
Samples: Investment Protection Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute between the two Contracting Parties concerning relative to the interpretation or application of this Agreement shall, if possible, shall as far as possible be settled through diplomatic channels.
2. If any it is not possible to settle the dispute between the Contracting Parties cannot be settled in this way within six months (6) It from the start of the negotiations, it shall upon be submitted, at the request of either of the two Contracting PartyParties, be submitted to an arbitral tribunal.
3. Such an The arbitral tribunal shall be constituted for each individual case set up in the following way. Within two (2) months of the receipt of the request for arbitration, each : Each Contracting Party shall appoint one member of the Tribunal. The arbitrator and these two members arbitrators shall then select a national of a third State, who country as Chairman. The arbitrators shall be appointed within three months and the Chairman within five months from the date on approval by which either 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 informed the other two membersContracting Party of its intention to submit the dispute to an arbitral tribunal.
4. If within the periods specified in paragraph 3 of this article 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 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 If the Vice- President is a national of either Contracting Party or if he too is also prevented from discharging the said function, the said member Member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party 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.
6. The arbitral tribunal shall issue its decision in accordance with the provisions of this Agreement, other relevant agreements in force between the Contracting Parties and the applicable rules and principles of international law and the domestic law of the contracting party provided that it does not conflict with the rules of international law. Also, it shall reach its decisions decision by a majority of votes and that decision shall be final and binding on both contracting partiesContracting Parties.
7. each Unless the Contracting Parties decide otherwise, the arbitral tribunal shall lay clown its own procedure.
8. Each Contracting Party shall assume bear the costs expenses of its own member arbitrator and those connected with representing it in the arbitration proceedings. The other expenses, including those of the 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 partiestwo Contracting Parties. The Tribunal mayVolume 2398, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.I-43301
Appears in 4 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Each Contracting Party shall accord sympathetic consideration to, and shall afford adequate opportunity for consultation regarding, such representations as the other Contracting Party may make with respect to any matter affecting the implementation of this Agreement.
2. Any dispute between the Contracting Parties concerning as to the interpretation or and application of this Agreement shallAgreement, if possiblenot satisfactorily adjusted by diplomacy within 6 months after the request for consultation referred to in paragraph 1, shall be settled through diplomatic channels.
2referred for decision to an arbitration board. If any dispute between Such arbitration board shall be composed of three arbitrators, with each Contracting Party appointing one arbitrator within a period of thirty days from the date of receipt by either Contracting Parties canParty from the other Contracting Party of a note requesting arbitration of the dispute, and the third arbitrator to be agreed upon as President by the two arbitrators so chosen within a further period of thirty days, provided that the third arbitrator shall not be settled within six months (6) It shall upon the request a national of either Contracting Party, be submitted to an arbitral tribunal.
3. Such an arbitral tribunal shall be constituted for each individual case in If the following way. Within two (2) months of third arbitrator is not agreed upon between the receipt of the request for arbitration, arbitrators appointed by each Contracting Party shall appoint one member within the further period of thirty days referred to in paragraph 2, the Tribunal. The 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 (2) 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 request the President of the International Court of Justice to make appoint the necessary appointmentsthird arbitrator who shall not be a national of either Contracting Party. If the President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President of the court shall be invited to make the necessary appointments. if If the Vice- Vice-President of the court is a national of either Contracting Party or if he he, too, is also prevented from discharging the said function, the said member of the International Court of Justice the oldest court next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
54. The arbitral tribunal arbitration board shall within a reasonable period of time reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesfinal and binding.
5. each Each Contracting Party shall assume bear the costs cost of the arbitrator of its own member of the Tribunal choice and of its representation in the arbitral proceedings; the . The cost of the Chairman President of the arbitration board in discharging his or her duties and the remaining costs of the arbitration board shall be borne in equal parts equally by the contracting partiesContracting Parties. The Tribunal However, the arbitral board may, howeverat its discretion, in its decision direct that a higher proportion or all of direct such remaining costs shall of the arbitration board be borne paid by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, if possible, be settled through diplomatic channels.
2. If any a dispute between the Contracting Parties cannot thus be settled within six months (6) It months, it shall upon the request of either Contracting Party, 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 (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. The Those two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunaltribunal. 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 of this article Article the necessary appointments have not been made, either Contracting Party party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party Xxxxx or if he is otherwise prevented from discharging the said function, the Vice-Vice President shall be invited to make the necessary appointments. if If the Vice- Vice President is a national of either Contracting Party or if he too is also prevented from discharging the said function, the said member of the International Court of Justice the oldest 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 and votes. Such decision shall be binding binding\ on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal tribunal and of its representation in the arbitral proceedings; the cost of the the, Chairman and the remaining costs shall be borne in equal parts by the contracting partiesContracting Parties. The Tribunal may, tribunal may however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting partiesContracting Parties, and this decision award shall be binding on both contracting partiesContracting Parties. the The tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 3 contracts
Samples: Investment Protection Agreement, Bilateral Investment Treaty, Investment Protection Agreement
Settlement of Disputes. between the contracting partiesstates
1. Any dispute ) Disputes between the Contracting Parties concerning States with respect to the interpretation or and application of this Agreement shallagreement should, if as far as possible, be settled amicably through consultations between the two Contracting States through diplomatic channels.
2. ) If any dispute between the Contracting Parties these disputes cannot be settled within six a period of three months (6) It shall upon from the date on which either Contracting State has notified in writing to the other State, they will be submitted at the request of either Contracting Partyone of the two States, be submitted to an ad hoc arbitral tribunaltribunal in accordance with the provisions of this xxxxxxx.xx hoc in accordance with the provisions of this article.
3. Such an ) The arbitral tribunal shall be constituted for each individual case in consist of the following way. Within two (2) months each Contracting State shall appoint one member of the Tribunal within two months from the date of receipt of the request for arbitration, each Contracting Party shall appoint one member of . the Tribunal. The two members shall then select a national of a third State, who on approval by shall act as Chairperson ci-de later called the two Contracting Parties shall be appointed Chairman of the TribunalChair). The Chairman shall be appointed within two (2) three months from the date of appointment of the other two members.
4. ) If within the periods specified in paragraph 3 (3) of this article article, either of the necessary appointments Contracting Parties has not appointed its arbitrator or if the two arbitrators have not been madereached an agreement on the préaident, it may apply to the President of the International Court of Justice to give the nomination.paragraphe (3) of this article, either of the Contracting Party mayParties has not appointed its arbitrator or if the two arbitrators have not reached an agreement on the préaident, in the absence of any other agreement, invite it may apply to the President of the International Court of Justice to make the necessary appointmentsappointment. If there were to be a national of either contracting State or if he is unable to perform this task, the Vice President shall be invited to carry the appointment. if the Vice President is a national of either Contracting Party contracting State or if he is otherwise prevented from discharging the said still unable to perform this 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 is also prevented from discharging the function, the said member of the International Court of Justice the oldest next in seniority seniority who is not a national of either Contracting Party State shall be invited to make the necessary appointmentsappointment.
5. ) The arbitral tribunal shall reach its decisions decide by a majority of votes and votes. such decisions shall be binding on both contracting partiesbinding. each Contracting Party State shall assume support the costs cost of its own member of arbitrator and the Tribunal and of costs associated with its representation in the consultation during any arbitral proceedings; . the cost of costs related to the Chairman Chair and the any remaining costs shall be borne in equal parts equally supported by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting partiesStates. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make establish its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedown procedures.
Appears in 3 contracts
Samples: Bilateral Investment Agreement, Bilateral Investment Agreement, Bilateral Investment Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute Disputes arising between the Contracting Parties contracting parties concerning the interpretation or and application of this Agreement shall, if possible, shall be settled as far as possible through diplomatic channelsamicable negotiations.
2. If any dispute between the Contracting Parties an agreement cannot be settled achieved within a period of six months (6) It shall upon from the request date of notification of the dispute, either Contracting Party, be submitted Party may submit it to an ad hoc arbitral tribunaltribunal in accordance with the provisions of this article.
3. Such an The arbitral tribunal shall consist of three members and shall be constituted for each individual case in the following way. Within manner: within two (2) months after the date of the receipt notification of the request for arbitration, each Contracting Party shall appoint one member an arbitrator. those two arbitrators within thirty days after the appointment of the Tribunal. The two members last one, shall then select a third member who shall be a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of chair the Tribunal. The the designation of the Chairman shall be appointed approved by the Contracting Parties within two (2) months from thirty days after the date of appointment of the other two membershis nomination.
4. If within the periods specified in paragraph 3 2 of this article article, the necessary appointments have appointment has not been mademade or required the approval has been granted, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make the necessary appointmentsappointment. If 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 or if he is otherwise prevented from discharging the said functionParty, the Vice-President shall be invited to make the necessary appointments. appointment, and if the Vice- President latter is prevented or is a national of either Contracting Party or if he is also prevented from discharging contracting assume the function, the said member judge of the International Court of Justice the oldest who in seniority who is not a national of either one of the Contracting Party Parties shall be invited to make the necessary appointmentsappointment.
5. The President of the Tribunal shall be a national of a third State with which both contracting parties maintain diplomatic relations.
6. The arbitral tribunal shall reach its decisions decide on the basis of the provisions of this Agreement and the principles of international law and the general principles of law recognized by the contracting parties. the Tribunal shall decide by a majority of votes and shall be binding on both contracting partiesdetermine its own procedural rules.
7. each Each Contracting Party shall assume bear the costs of its own member of the Tribunal and of arbitrator, as well as those relating to its representation in the arbitral proceedings; . the cost of the Chairman and the remaining costs (sic) (sic) process shall be borne removed in equal parts by the contracting partiesparties unless they agree otherwise.
8. The decisions of the Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, final and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.OL / l
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement, Investment 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 through diplomatic channelsconsultations or negotiations.
2. If any the dispute between the Contracting Parties cannot be settled within six months three (63) It shall months, it shall, upon the request of either Contracting Party, be submitted to an 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 of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The These two members shall then select a national of a third StateState who, who on approval by of the two Contracting Parties Parties, shall be appointed Chairman of the TribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three (23) months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be 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 If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member Member of the International Court of Justice the oldest next in seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.,
5. The arbitral tribunal shall reach its decisions award on the basis of the provisions of this Agreement and of other similar agreements concluded between the Contracting Parties, as well as of the general principles of international law. The arbitral tribunal shall reach its decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator and of its representation in the arbitral proceedings; proceeding, the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting partiesboth Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting partiesContracting Parties. the The arbitral tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 3 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
(1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultation or diplomatic channels.
(2. ) If any dispute between the Contracting Parties cannot be settled within six months (6six(6) It shall upon months, it shall, at the request of either Contracting Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) Such an arbitral tribunal Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2: 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. The These two members shall then select a national of a third State, who on upon the approval by of the two Contracting Parties shall be appointed Chairman of the Tribunal. The Chairman shall be appointed within two (2two(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 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 the 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-Vice- President shall be invited to make the necessary appointments. if If the Vice- Vice-President also is a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting parties. each Contracting Parties.
(6) Each Contracting Party shall assume bear the 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 partiesboth Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting partiesContracting Parties. the tribunal The Arbitral Tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 3 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and 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 through diplomatic channelsconsultation or negotiation.
(2. ) If any the dispute between the Contracting Parties cannot be so settled within six months three (63) It shall months, it shall, upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
(3. Such an arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The These two members shall then select a national of a third State, who on approval by of the two Contracting Parties shall be appointed as Chairman of the TribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three (23) months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 3 contracts
Samples: Investment Agreement, Investment Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes. between the contracting partiesLaboratory and the Portuguese Republic
1. Any dispute between the Contracting Parties Laboratory and the Portuguese Republic concerning the interpretation or application of this the present Agreement shallshall be settled, if possible, be settled through diplomatic channelsnegotiation or other agreed form of settlement.
2. If any the dispute between the Contracting Parties cannot be settled within six months (6) It months, it shall upon be submitted, at the request of either Contracting Party, be submitted for decision to an ad hoc arbitral tribunal.
3. Such an The arbitral tribunal shall be constituted for each individual case of three arbitrators appointed in the following way. Within manner:
a) Each Party shall appoint an arbitrator within two (2) months of the receipt of the written request for arbitration, each Contracting Party shall appoint one member of the Tribunal. ;
b) The two members arbitrators so appointed shall then select together within two months appoint a national of a third State, who on approval by the two Contracting State with whom both Parties shall be appointed Chairman have diplomatic relations as president of the Tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two membersarbitral tribunal.
4. If the arbitral tribunal is not constituted within four months of the periods specified in paragraph 3 receipt of this article the necessary appointments have not been madewritten request for arbitration, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make the necessary appointments.
5. 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 is also prevented from discharging the function, the said member of the International Court of Justice is a Portuguese national or is prevented from making the oldest appointments for any other reason, the next member in the hierarchy of the International Court of Justice who is not a Portuguese national of either Contracting Party or who is not prevented shall be invited requested to make the necessary appointments.
56. The arbitral tribunal shall reach its decisions by a majority of votes and shall be binding on both contracting parties. each Contracting Party shall assume the costs 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersand shall render its decisions in accordance with the provisions of the present Agreement and the International Law.
67. The decision of the arbitral tribunal, which shall be binding and final on both Parties, shall be by majority vote.
8. In the event of dispute as to the meaning or scope of a decision, the arbitral tribunal shall make construe it upon the request of any Party.
9. Each Party shall bear the cost for its decision on arbitrator and its representation before the basis of this Agreement arbitral tribunal, being the costs with the president and any agreement in force with the tribunal shared equally between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedParties.
Appears in 3 contracts
Samples: Headquarters Agreement, Headquarters Agreement, Headquarters Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute Disputes arising between the Contracting Parties concerning regarding the interpretation or and application of this Agreement, including a claim alleging that the other Contracting Party has breached an obligation of the present Agreement shalland has consequently generated damages to an investor, if shall be settled, as far as possible, be settled with consultation through diplomatic channelschannel.
2. If any a dispute between the Contracting Parties cannot be settled within six months (6) It shall months it shall, upon the request of ot either Contracting Party, Party be submitted to an arbitral tribunalAd-hoc Arbitration Tribunal, in accordance with the provisions of this Article.
3. Such an arbitral tribunal The Arbitration Tribunal shall be constituted for each individual case in comprised of three members and, unless otherwise agreed between the following way. Within two (2) months of the receipt of the request for arbitrationParties, each Contracting Party shall appoint one member of the Tribunal. The 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 established as follows: within two (2) months from the date of appointment notification of the other arbitration request, each Contracting Party shall appoint an arbitrator Those two members.arbitrators shall then, within three (3) months from the date of the last appointment, agree upon a third member who shall be a national of a third State with which both Contracting Parties maintain diplomatic relations, and who shall preside over the tribunal,
4. If within the periods specified in paragraph 3 of this article the necessary appointments have Arbitration Tribunal has not been madeconstituted within five months from the receipt of the written notice requesting arbitration, either Contracting Party mayParty, may in the absence of any other agreement, invite request 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 functionfunctions, 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 is also prevented from discharging the function, the said member of the International Court of Justice the oldest 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 requested to make the such necessary appointments.
5. The arbitral Arbitration tribunal shall rule based on the provisions of this Agreement and principles of International Law applicable to the subject matter. The Tribunal shall reach its decisions by a by-a-majority of votes and shall determine its own procedural rules. Such award shall be final and binding on upon both contracting partiesContracting Parties, The arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
6. each Each of the Contracting Party Parties shall assume bear the costs of its own member of the Tribunal appointed arbitrator and of its representation in the arbitral proceedings; the cost . The relevant costs of the Chairman and the remaining costs tribunal shall be borne in equal parts by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Bilateral Agreement for the Promotion and Protection of Investments, Bilateral Agreement for the Promotion and Protection of Investments
Settlement of Disputes. between the contracting partiesContracting Parties
(1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this the Agreement shall, if possible, be settled by consultation through diplomatic channels.
(2. ) If any dispute between the Contracting Parties cannot be settled within six months (6six(6) It shall upon months, it shall, at the request of either Contracting Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) Such an arbitral tribunal Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two (2two(2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The These two members shall then select a national of a third State, who on approval by of the two Contracting Parties shall be appointed Chairman of the Tribunal. The Chairman shall be appointed within two (2two(2) months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 paragraph(3) of this article 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 the 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 If the Vice- Vice-President also is a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting parties. each Contracting Parties.
(6) Each Contracting Party shall assume bear the 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 partiesboth Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal Contracting Parties.
(7) The Arbitral Tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Each Contracting Party shall accord full consideration to, and shall afford adequate opportunity for consultation regarding, such representations as the other Contracting Party may make with respect to any matter affecting the interpretation and implementation of this Agreement.
2. Any dispute between the Contracting Parties concerning as to the interpretation or and application of this Agreement shallAgreement, if possiblenot satisfactorily adjusted by diplomacy, shall be settled through diplomatic channels.
2referred for decision to an arbitration board. If any dispute between Such arbitration board shall be composed of three arbitrators, with each Contracting Party appointing one arbitrator within a period of sixty days from the date of receipt by either Contracting Parties canParty from the other Contracting Party of a note requesting arbitration of the dispute, and the third arbitrator to be agreed upon as President by the two arbitrators so chosen within a further period of sixty days, provided that the third arbitrator shall not be settled within six months (6) It shall upon the request a national of either Contracting Party, be submitted to an arbitral tribunal.
3. Such an arbitral tribunal shall be constituted for each individual case in If the following way. Within two (2) months of third arbitrator is not agreed upon between the receipt of the request for arbitration, arbitrators appointed by each Contracting Party shall appoint one member within the further period of sixty days referred to in paragraph 2, the Tribunal. The 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 (2) 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 request the President of the International Court of Justice to make appoint the necessary appointmentsthird arbitrator who shall be a national of a non-Contracting Party which has diplomatic relations with both Contracting Parties. If the President of the International Court of Justice is a national of either Contracting Party or if he or she is otherwise prevented from discharging the said function, the Vice-President of the Court shall be invited to make the necessary appointments. if If the Vice- Vice-President of the Court is a national of either Contracting Party or if he or she, too, is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
54. The arbitral tribunal arbitration board shall determine its own procedure and within a reasonable period of time reach its decisions decision by a majority of votes and votes. Such decision shall be final and binding on both contracting partiesContracting Parties. each Unless otherwise agreed, the decision shall be rendered within four months following the appointment of the third arbitrator.
5. Each Contracting Party shall assume bear the costs cost of the arbitrator of its own member of the Tribunal choice and of its representation in the arbitral proceedings; the . The cost of the Chairman President of the arbitration board in discharging his or her duties and the remaining costs of the arbitration board shall be borne in equal parts equally by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Agreement, Investment Promotion and 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, shall be settled through diplomatic channelsas far as possible by negotiations between the Contracting Parties.
2. If any the dispute between the Contracting Parties cancan not be settled within six months (6) It shall upon from the date of the written request of either Contracting Party to conduct the negotiations, at the request of either Contracting Party, be submitted he referred to an the arbitral tribunal.
3. Such an The arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request case, for arbitration, which each Contracting Party shall appoint one member of the Tribunalarbitration tribunal within two months from the date of receipt of the notification of the arbitration proceedings. The Then, these two members shall then select a national of a third State, who on approval by of the two Contracting Parties shall be appointed Chairman of the Tribunal. The Chairman shall be appointed arbitral tribunal within two (2) months one month from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article, the necessary appointments have not been made, either Contracting Party maythen, in the absence of any other agreementagreement between the Contracting Parties, invite any contracting party may request the President of the International Court of Justice to make the necessary such appointments. If the President chairman of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging unable to discharge the said function, the Vice-President shall be invited to then make the necessary appointmentsappointments invited the Deputy President of the International Court. if If the Vice- President deputy chairman of the International Court of Justice is a national of either Contracting Party or if he is also prevented from discharging otherwise unable to discharge the said function, then make the said necessary appointments offered to the next in seniority member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointmentsin respect of which There are no other reasons that prevent it from fulfilling this request.
5. The arbitral tribunal shall reach render its decisions decision by a majority of votes vote. This decision is final and shall be binding on both contracting partiesthe Contracting Parties. each Each Contracting Party shall assume bear the costs expenses related to the activities of its own appointed member of the Tribunal tribunal and of its representation in the arbitral arbitration proceedings; . The costs associated with the cost of the arbitration court Chairman and the remaining costs other expenses The Contracting Parties shall be borne bear in equal parts by shares. However, the contracting parties. The Tribunal may, however, Court may in its decision that a higher proportion of direct costs shall be borne by one of the two contracting partiesContracting Parties shall bear a larger share of spending, and this that decision shall will be binding on both contracting partiesContracting Parties. the The arbitral tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute between the Contracting Parties concerning In cases of disputes pertaining to the interpretation or application and implementation of this Agreement shallAgreement, the Parties shall use, on a priority basis, methods and means of amicable settlement and, if possiblenecessary, be settled through diplomatic channelshold consultations for these purposes.
2. If any dispute The cooperating organizations shall take all necessary measures for amicable settlement of disputes arising between them. For this purpose, such disputes may be referred, for joint consideration, to the Contracting authorized officials of the parties in dispute.
3. Upon the consent of the parties in dispute, such disputes may be resolved through other conciliatory procedures, including, but not limited to, referring the matter to the Parties canor the cooperating organizations, accordingly.
4. Disputes with respect to which settlement has not be settled been reached, in accordance with the procedures envisaged in paragraphs 1 - 3 of this Article, within six months (6) It shall upon months, after one of the Parties forwards a request in written form for such settlement may, at the request of either Contracting Party, be submitted to an arbitral tribunalArbitration Tribunal which shall be established in accordance with the provisions of this Article.
35. Such If a dispute is heard at an arbitral tribunal shall be constituted for Arbitration Tribunal each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The an arbitrator and these two members arbitrators shall then select a national of a third State, who on approval state as a senior arbitrator appointed Chairperson by the two Contracting Parties shall be appointed Chairman of the TribunalParties. The Chairman arbitrators shall be appointed within two (2) months, while the Chairperson shall be appointed within three months from the date of appointment of after either Party informs the other two membersParty in written form of its intention to submit the dispute to the arbitration procedure.
46. If within the periods of time specified in paragraph 3 4 of this article the necessary appointments have Article are not been madeobserved, either Contracting Party may, in the absence of any other agreement, 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 is also prevented from discharging the function, the said member of the International Court of Justice is a national of the oldest State of either Party or is unable to discharge the said function for any other reason, the necessary appointments shall be made by the Vice- President of the International Court of Justice. If the Vice- President of the International Court of Justice is a national of the State of either Party or is unable to discharge the said function for any other reason, the necessary appointments shall be made by the next most senior Member of the International Court of Justice who is not a national of the State of either Contracting Party shall be invited to make the necessary appointmentsParty.
57. The arbitral tribunal Arbitration Tribunal shall reach take its decisions by a majority vote on the basis of votes existing treaties between the Parties and generally recognized principles and norms of international law. Its decisions shall be final and shall not be binding subject to appeal, unless the Parties have agreed in advance in written form on the procedure of appeal. At the request of both contracting partiesParties, the Arbitration Tribunal may formulate recommendations which, while not having the force of a decision, only form the basis for examination by the Parties of the issue underlying the dispute. each Contracting Decisions and advisory opinions of the Arbitration Tribunal shall be limited to the subject of the dispute and shall set forth motivation on which they are based.
8. Each Party shall assume bear the costs of its own member arbitrator and its lawyer during arbitration; the costs of the Tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs Chairperson shall be borne in equal parts by both Parties. Any other expenses associated with the contracting partiesdispute settlement by way of arbitration shall be shared between the Parties in equal parts, unless the Parties agree otherwise. In all other respects, the Arbitration Tribunal shall itself establish its rules of procedure. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis provisions of this Agreement paragraph shall not apply to the distribution of costs between a Party and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedits cooperating organizations.
Appears in 2 contracts
Samples: Cooperation Agreement, Cooperation Agreement
Settlement of Disputes. between the contracting partiesparties concerning interpretation and application of the agreement
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or of application of this Agreement shallshould, if possible, be settled through diplomatic channelschannel.
2. If any a dispute between the Contracting Parties cannot thus be settled within six months (6) It settled, it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal.
3. Such an arbitral tribunal Court of Justice to Contracting Party or if he is otherwise prevented from discharging the said function, the Vice- President shall be constituted for each individual case in invited to make the following waynecessary appointments. Within two (2) months If the Vice-President is a national of either Contracting Party of if he is too is prevented from discharging the from the said function, the members of the receipt International Court of the request for arbitration, each Justice next in seniority who is not a national of either Contracting Party shall appoint one member of be invited to make the Tribunal. The 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 (2) months from the date of appointment of the other two membersnecessary appointments.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, may in the absence of any other agreement, 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 If the Vice- Vice-President is a national of either Contracting Party or if he is also too is prevented from discharging the from the said function, the said member members of the International Court of Justice the oldest next in seniority who is not a the national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal shall reach its decisions decision by a the majority of votes and votes. Such decision shall be binding on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs cost of its own member of the 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 partiesContracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting partiesContracting Parties, and this decision award shall be binding on both contracting partiesContracting Parties. the The tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Agreement, Investment 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, shall be settled as far as possible through diplomatic channels.
2. If any dispute between the Contracting Parties cannot be settled within six months (6) It from the date on which one of the two Contracting Parties to this request in writing, the dispute is not settled, it shall upon be submitted at the request of either Contracting Party, be submitted of the contracting parties to an arbitral arbitration tribunal.
3. Such an 2) The arbitral tribunal shall will be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, : each Contracting Party shall appoint one member of arbitrator and the Tribunal. The two members arbitrators thus appointed shall then select propose, by mutual agreement, which must be a president is a national of a third State, who on approval shall be appointed by the two Contracting Parties shall be appointed Chairman of contracting parties. the Tribunal. The Chairman arbitrators shall be appointed within two (2) three months and the Chairman within Cine months from the date of appointment of the other two membersrequest for arbitration.
4. 3) If within the periods specified in paragraph 3 of this article the necessary appointments (2) above have not been made, either Contracting Party may, in the absence of any other agreement, shall invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. if the Vice- Vice-President is a national of either Contracting Party or if he is also prevented from discharging the functionhis mandate, the said most senior member of the International Court of Justice the oldest who is not a national of either of the Contracting Party Parties shall be invited to make the necessary appointments.
5. 4) The arbitral tribunal shall reach its decisions be decided in accordance with the provisions of the present Agreement and other agreements concluded between the contracting parties, as well as the principles of international law. the decision shall be made by a majority of votes and votes. such decision shall be final and binding on both contracting parties. each the Contracting Parties.
5) Each Contracting Party shall assume bear the costs resulting from the appointment of its own member of the Tribunal and of its representation in the arbitral proceedings; the arbitrator. 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the arbitral tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
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, shall as far as possible be settled through diplomatic channels.
2. If any it were not possible to settle the dispute between the Contracting Parties cannot be settled in this way within six months (6) It from the start of the negotiations, it shall upon be submitted, at the request of either of the two Contracting PartyParties, be submitted to an arbitral tribunal.
3. Such an The arbitral tribunal shall be constituted for each individual case set up in the following way. Within two (2) months of the receipt of the request for arbitration, : each Contracting Party shall appoint one member of the Tribunal. The arbitrator and these two members arbitrators shall then select elect a national of a third State, who country as Chairman. The arbitrators shall be appointed within three months and the Chairman within five months from the date on approval by which either 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 informed the other two membersContracting Party of its intention to submit the dispute to an arbitral tribunal.
4. If within the periods specified in paragraph 3 of this article 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 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 If the Vice- President is a national of either Contracting Party or if he too is also prevented from discharging the said function, the said member Member of the International Court of Justice the oldest 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 issue its decision on the basis of respect for the law, the provisions contained in this Agreement as well as the generally accepted principles of international law.
6. Unless the Contracting Parties decide otherwise, the arbitral tribunal shall lay down its own procedure.
7. The arbitral tribunal shall reach its decisions decision by a majority of votes and that decision shall be final and binding on both contracting partiesContracting Parties.
8. each Each Contracting Party shall assume bear the costs expenses of its own member arbitrator and those connected with representing it in the arbitration proceedings. The other expenses, including those of the 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 Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Agreement, Investment 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, shall be settled through diplomatic channelsconsultations or negotiations.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The These two members shall then select a national of a third State, Stale who on approval by of the two Contracting Parties shall be appointed Chairman of the TribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two (2) four months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6procedure. The arbitral tribunal Arbitral Tribunal shall make reach its decision on the basis of this Agreement and any agreement in force accordance with international law applicable between the two parties and international law in general and Contracting Parties. The Arbitral Tribunal shall take into account, as appropriate, consideration the domestic law intention of the Contracting Party where the investment concerned is locatedParties in negotiating this Agreement.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channels.
2. If any a dispute between the Contracting Parties parties cannot thus be settled within six months (6) It settled, it shall upon the request of either Contracting Party, 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 (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. The These two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunaltribunal. 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 Article the necessary appointments have not been made, either Contracting Party may, in the absence of make any other agreementnecessary appointment, invite the President president of the International Court of Justice to make the any necessary appointments. If the President is Presidents in 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 If the Vice- President Vice president is a national of either Contracting Party or if he too is also prevented from discharging the said function, the said a member of the International Court of Justice the oldest 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 and votes. Such decision shall be binding on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs cost of its own member of the 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 Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment 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, shall as far as possible be settled through diplomatic channels.by the government of the two Contracting Parties amicably
2. If any a dispute between the Contracting Parties cannot this be settled within six months (6) It from the start of negotiation, it shall upon the request of either Contracting Party, 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 (2) months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party shall appoint one member of the Tribunal. The member, and these two members shall then select agree upon a national of a third State, who on approval State as their chairman to be appointed by the Governments of the two Contracting Parties shall be appointed Chairman of the TribunalParties. The Chairman Such members shall be appointed within two (2) months, and such chairman within three months from the date of appointment of on which either Contracting Party has notified the other two membersContracting Party that it intends to submit the dispute to an arbitral tribunal.
4. If the necessary appointments have not been made within the periods specified in paragraph 3 of this article the necessary appointments have not been made(3) above, either Contracting Party may, in the absence of any other agreementarrangement, 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 appointmentsappointment. if If the Vice- Vice-President is a national of either Contracting Party or if he too is also prevented from discharging the said function, the said member of the International Court of Justice the oldest 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 on the basis of this Agreement, any agreements in force between the Contracting Parties and general international law, and shall take into account, as may be appropriate, the domestic law of the Contracting Party in which the investment in question is situated.
6. The arbitral tribunal shall reach its decisions by a majority of votes and votes. Such decisions shall be binding on both contracting partiesfinal and binding. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal and of its representation in representatives at the arbitral arbitration proceedings; the . The cost of the Chairman chairman and the remaining costs shall be borne in equal parts by the contracting partiesContracting Parties. The Tribunal mayarbitral tribunal may make a different decision concerning costs. In all other respects, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the arbitral tribunal shall determine its own rules of procedure for all other mattersprocedure.
67. The arbitral tribunal shall make its decision If any dispute between the Contracting Patties is referred to arbitration under the Convention on the basis Settlement of Investment Disputes between States and National of other States of 18th March, 1965, pursuant to Article 12 of this Agreement, the provisions of this Article 11 shall not apply to any such dispute except:
i) Where any award or decision rendered under the said Convention pursuant to Article 12 of this Agreement and is not complied with; or
ii) In the case of any agreement assignment or subrogation referred to in force between the two parties and international law in general and take into account, as appropriate, the domestic law Article 7 of the Contracting Party where the investment concerned is locatedthis Agreement.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
(1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if as far as possible, be settled through diplomatic channelsamicable negotiations.
(2. ) If any a dispute between the Contracting Parties according to paragraph 1 of this Article cannot be settled within six months (6) It it shall upon the request of either Contracting Party, 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 (2) months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party shall appoint one member of the Tribunal. The and these two members shall then select agree upon a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of the TribunalState as their chairman. The Chairman Such members shall be appointed within two (2) months from the date of appointment of one Contracting Party has informed the other Contracting Party, that it intends to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within two membersfurther months.
(4. ) If within the periods specified in paragraph 3 of this article the necessary appointments have Article 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 the necessary appointments. 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 or in case of his inability the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party shall next in seniority should be invited under the same conditions to make the necessary appointments.
(5. ) The tribunal shall establish its own rules of procedure.
(6) The arbitral tribunal shall reach its decisions decision in virtue of the present Agreement and pursuant to the generally recognized rules of international law. It shall reach its decision by a majority of votes and votes; the decision shall be binding on both contracting parties. each final and binding.
(7) Each Contracting Party shall assume bear the 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 contracting partiesboth Contracting Parties. The Tribunal tribunal may, however, in its decision that a higher proportion award determine another distribution of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matterscosts.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
(1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, if possible, be settled through the diplomatic channelschannel.
(2. ) If any a dispute between the Contracting Parties cannot thus be settled within six months (6) It from the beginning of the negotiations, it shall upon the request of either Contracting Party, 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 (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. The Those two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed appoint ed Chairman of the Tribunaltribunal. 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 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 the 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-Vice President shall be invited to make the necessary appointments. if If the Vice- Vice-President is a national of either Contracting Party or if he too is also prevented from discharging the said function, the said member of the International Court of Justice the oldest 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 and votes. Such decision shall be binding on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall in principle be borne in equal parts by the contracting partiesContracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting partiesContracting Parties, and this decision award shall be binding on both contracting partiesContracting Parties. the The tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting parties
1. Any If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this Agreement shallAgreement, if possible, be settled through diplomatic channelsthe Contracting Parties shall in the first place endeavour to settle it by negotiation.
2. If any dispute between the Contracting Parties cannot be settled within six months (6) It shall upon fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to an arbitrator, or the dispute may at the request of either Contracting Party, Party be submitted for decision to an arbitral tribunala tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated.
3. Such Each of the Contracting Parties shall nominate an arbitral tribunal arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute, and the third arbitrator shall be constituted for each individual case appointed within a further period of sixty (60) days.
4. If either of the Contracting Parties fails to nominate an arbitrator within the period specified or the third arbitrator is not appointed within in the following way. Within two (2) months period specified, the President of the receipt Council of the request for arbitration, each International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In such case, the third arbitrator shall appoint one member of the Tribunal. The two members shall then select be a national of a third State, who on approval by the two Contracting Parties State and shall be appointed Chairman act as president of the Tribunal. The Chairman tribunal and shall determine the place where the arbitration will 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 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 the necessary appointmentsheld. If the President considers that he is a national of either Contracting Party or if he is otherwise prevented from discharging a state, which cannot be regarded as neutral in relation to the said functiondispute, the Vice-most senior Vice President shall be invited to make the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party disqualified on that ground shall be invited to make the necessary appointments.
5. The arbitral tribunal shall reach its decisions decision by a majority of votes and shall be binding on both contracting parties. each Contracting Party shall assume the costs 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 partiesvotes.
5. The Tribunal may, however, in its Contracting Parties undertake to comply with any decision that a higher proportion given under paragraph (2) of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersArticle.
6. The arbitral tribunal shall make its If and as long as either Contracting Party fails to comply with any decision on given under paragraph (2) of this Article, the basis other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of to the Contracting Party where in default or to a designated airline in default.
7. The expenses of the investment concerned is locatedarbitral tribunal, including the fees and expenses of the arbitrators, shall be shared equally by the Contracting Parties. Any expenses incurred by the President of the Council of the International Civil Aviation Organization in connection with the procedures of paragraph (4) of this Article shall be considered to be part of the expenses of the arbitral tribunal.
Appears in 2 contracts
Samples: Air Services Agreement, Air Services 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 through diplomatic channelsconsultation or negotiation.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 TribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two (2) three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President he is a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting parties
(1. Any dispute ) Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement shall, if possible, shall be settled through diplomatic channels.
(2. ) If any dispute between the both Contracting Parties cannot be settled reach an agreement within six twelve months (6) It shall after the beginning of the dispute between themselves, the latter shall, upon the request of either Contracting Party, be submitted to an arbitral tribunal.
3tribunal of three members. Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one member of the Tribunalarbitrator. The two appointed members shall then select a national citizen of a third State, who on the approval by of the two Contracting Parties Parties, shall be appointed Chairman as the chairman of the Tribunal. The Chairman tribunal.
(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 (2) months from alter their appointment, the date latter shall be appointed upon the request 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 mayby the President of the International Court of Justice.
(5) If, in the absence cases specified under paragraphs (3) and (4) of any other agreementthis 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 a citizen of either Contracting Party, the said function, appointment shall be made by the Vice-President shall be invited to make the necessary appointments. President, and if the Vice- President latter is a national of either Contracting Party prevented or if he is also prevented from discharging the functiona citizen of either Contracting Party, the said member appointment shall be made by the most senior Judge of the International Court of Justice the oldest who is not a national citizen of either Contracting Party shall be invited to make the necessary appointmentsParty.
5. The arbitral (6) Subject to other provisions made by the Contracting Parties, the tribunal shall reach determine its decisions by a majority of votes and shall be binding on both contracting parties. each procedure.
(7) Each Contracting Party shall assume bear the costs of its own member cost 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. Contracting Parties.
(8) The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one decisions of the two contracting parties, tribunal are final and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matterseach Contracting Party.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting parties
11 . Any dispute All disputes which may arise between the Contracting Parties concerning the interpretation or and application of this Agreement shall, if as far as possible, be settled through diplomatic channelsconsultation.
22 . If any a dispute between the Contracting Parties cannot be settled within six three months (6) It from the date of written request for settlement, it shall be, upon the request of either Contracting Party, be submitted to an ad hoc arbitral tribunal.
33 . Such an The arbitral tribunal shall be constituted for each individual case in the following way. Within as follows: within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of to the Tribunalarbitral tribunal. The Those two members shall then select a national of a third Statecountry who, who on approval by of the two Contracting Parties Parties, shall be appointed Chairman of the Tribunaltribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members.
44 . If the appointments are not agreed upon within the periods specified period stipulated in paragraph 3 of this article the necessary appointments have not been madeArticle, either Contracting Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to to, within three months, make the necessary appointments. If In the event that the President is a national of either Contracting Party Party, or if he is otherwise prevented from discharging performing the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is a national of either Contracting Party or if he is also prevented from discharging performing the said function, the said member Member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.paragraph 3 of this Article, either Contracting Party may invite the President of the International Court of Justice to, within three months, make the appointments. In the event that the President is a national of either Contracting Party, or is otherwise prevented from performing the said function, the Vice-President shall be invited to make the appointments. If the Vice-President is a national of either Contracting Party or is prevented from performing 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 appointments.
55 . The arbitral tribunal shall reach its decisions decision by a majority of votes and its decisions shall be binding on both contracting partiesfinal and binding. each Each Contracting Party shall assume cover the costs of its own member of the Tribunal tribunal 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6Contracting Parties. The arbitral tribunal shall make decides on its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedown procedures.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute ) Disputes between the Contracting Parties concerning relating to the interpretation interpretation, application or application termination of this Agreement shall, if possible, shall be settled through if possible by diplomatic channels.
2. ) If any the dispute between the Contracting Parties canhas not be been settled within a period of six months (6) It shall upon from the date on which the matter was raised by either Contracting Party, it may be submitted at the request of either Contracting Party, be submitted Party to an arbitral tribunalArbitral Tribunal.
3. Such an arbitral tribunal ) The said Tribunal shall be constituted established as follows for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each specific case: Each Contracting Party shall appoint one member of Arbitrator, and the Tribunal. The two members Arbitrator thus appointed shall then select appoint by mutual agreement a national citizen of a third State, country who on approval by the two Contracting Parties shall be appointed designated as Chairman of the Tribunal. The Chairman shall All the Arbitrators must be appointed within two (2) months from the date of appointment of notification by one Contracting Party to the other two membersContracting Party of its intention to submit the dispute to arbitration.
4. ) If within the periods period specified in paragraph 3 of this article the necessary appointments have Article has not been maderespected, either Contracting Party mayParty, in the absence of any other agreement, shall invite the President president of the International Court of Justice to make the necessary appointmentsappointment. If the President is a national citizen of either Contracting Party 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 President, who is not a national citizen of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national citizen of either Contracting Party shall be invited to make the necessary appointments.
5. ) The arbitral tribunal Tribunal shall reach its decisions by a majority of votes and votes. These decisions shall be final and legally binding on upon the Contracting Parties. They shall be taken in conformity with the provisions of this Agreement and the related principles of International Law.
6) The Tribunal shall set its own rules of procedure. It shall interpret its award at the request of either Contracting Party. The venue of Arbitration shall be at any country agreed upon by both contracting parties. Contracting Parties, if such agreement is not reached within two month the venue shall be at Paris (France).
7) Unless otherwise decided by the Tribunal each Contracting Party shall assume bear the costs of its own member cost of the Tribunal Arbitrator it has appointed and of its representation in the arbitral 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if shall be settled as far as possible, be settled between the two Contracting Parties through diplomatic channels.
2. If any Failing that, the dispute between shall be submitted to an ad hoc mixed commission composed of representatives of the Contracting Parties cannot be settled within six months (6) It Parties; it shall upon meet without delay and at the request of either Contracting Partyparty.
3. If the ad hoc joint commission cannot settle the dispute within six months after the beginning of negotiations, it shall be submitted to an arbitral tribunal, at the request of one of the Contracting Parties.
34. Such an arbitral The said tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of arbitrator, and the Tribunal. The two members arbitrators shall then select together appoint a third arbitrator, who shall be a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman as President of the Tribunaltribunal. The Chairman arbitrators shall be appointed within two (2) three months, the President within five months from the date of appointment on which one of the Contracting Parties has notified the other two membersContracting Party of its intention to submit the dispute to an arbitration tribunal.
45. If within the periods specified in paragraph 3 of this article the necessary appointments (4) above have not been madecomplied with, either Contracting Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said unable to perform this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. if If the Vice- Vice-President is a national of either Contracting Party or if he is also prevented from discharging the functionexercising this task, the said most senior member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointments.
56. The arbitral tribunal shall reach its decisions decide on the basis of the provisions of this Agreement and the rules and principles of international law. the decision of the Tribunal shall be adopted by a majority of votes and votes. It shall be final and binding on both the contracting parties.
7. each The tribunal shall determine its own rules of procedure.
8. Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator and of its representation in the arbitral arbitration 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
(1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this the Agreement shall, if possible, be settled through consultation or diplomatic channels.
(2. ) If any dispute between the Contracting Parties cannot be settled within six months (6six(6) It shall upon months, it shall, at the request of either Contracting Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) Such an arbitral tribunal Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two (2two(2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The These two members shall then select a national of a third StateState who, who on approval by of the two Contracting Parties Parties, shall be appointed Chairman of the Tribunal. The Chairman shall be appointed within two (2two(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 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 the 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 If the Vice- Vice-President also is a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting parties. each Contracting Parties.
(6) Each Contracting Party shall assume bear the 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 partiesboth Contracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting partiesContracting Parties. the tribunal The Arbitral Tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Settlement of Disputes. between the contracting partiesContracting Parties
1. ) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shallthe present Agreement, if possible, be settled through diplomatic channels.
2. If any dispute between the Contracting Parties which cannot be settled within six months (6) It shall upon a reasonable lapse of time by means of diplomatic negotiations, shall, unless the Parties have otherwise agreed, be submitted, at the request of either Contracting Party, be submitted to an arbitral tribunal.
3, composed of three members. Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Each Party shall appoint one member of arbitrator and the Tribunal. The two members arbitrators thus appointed shall then select together appoint a third arbitrator as their chairman who is not a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman either Party.
2) If one of the Tribunal. The Chairman shall be appointed Parties fails to appoint its arbitrator and has not proceeded to do so within two (2) months after an invitation from the date of appointment of other Party to make such appointment, 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 latter Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to make the necessary appointments. appointment.
3) If the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, either Party may invite the President of the International Court of Justice to make the necessary appointment.
4) If, in the cases provided for in the paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is prevented from discharging the said function or is a national of either Contracting Party or if he is also prevented from discharging the function, the said most senior member of the International Court of Justice the oldest available who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5) The tribunal shall decide on the basis of respect for the law. Before the tribunal decides, it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably. The arbitral tribunal foregoing provisions shall reach its decisions by a majority of votes and shall be binding on both contracting parties. each Contracting Party shall assume the costs of its own member not prejudice settlement of the Tribunal and of its representation in dispute ex aequo et xxxx if the arbitral proceedings; Parties so agree.
6) Unless the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting parties. The Tribunal mayParties decide otherwise, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. 7) The arbitral tribunal shall make reach its decision by a majority of votes. Such decision shall be final and binding on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedParties.
Appears in 2 contracts
Samples: Bilateral Investment Treaty, Investment Protection Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shallshould, if as far as possible, be settled amicably by negotiations through diplomatic channels.
2. If any the dispute between the Contracting Parties cannot thus be settled within six three (3) months (6) It of the date on which such negotiations were requested in writing by either Contracting Party, it shall upon at the request of either Contracting Party, 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 (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. The Those two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed Chairman chairman of the Tribunaltribunal. The Chairman chairman shall be appointed within two three (23) months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article 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 the 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 is also prevented from discharging the function, the said member Member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party or is otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
5. The arbitral tribunal shall reach its decisions decision by a majority of votes and votes. The decisions of the tribunal shall be final and binding on both contracting partiesContracting Parties.
6. each Each Contracting Party shall assume bear the costs of its own the member of the Tribunal appointed by that Contracting Party, and of its representation in at the arbitral proceedings; . Both Contracting Parties shall assume an equal share of the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting partieschairman, as well as any other costs. The Tribunal may, however, in its tribunal may make a different decision that a higher proportion of direct costs shall be borne by one regarding the sharing of the two contracting partiescosts.
7. In all other respects, and this decision shall be binding on both contracting parties. the arbitral tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute between the Contracting Parties Disputes concerning the interpretation or application of this Agreement shallagreement should, if possible, be settled through diplomatic channels.
2. If any dispute between the Contracting Parties cannot be settled If, within a period of six months (6) It from the time at which it was raised by either contracting party, the dispute is not settled, it shall upon be submitted, at the request of either Contracting Party, be submitted contracting party to an arbitral tribunal.
3. Such an arbitral tribunal The Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of arbitrator and the Tribunal. The two members arbitrators shall then select designate by common agreement the third arbitrator who shall be a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of the TribunalTribunal by both contracting parties. The Chairman all arbitrators shall be appointed within two (2) months from the date of appointment of one Contracting Party has informed the other two memberscontracting party of its intention to submit the dispute to arbitration.
4. If within the periods time limits specified in paragraph 3 of this article the necessary appointments above have not been madecomplied with, either Contracting Party mayParty, in the absence of any other agreement, invite the President Secretary General of the International Court of Justice United Nations to make the necessary appointments. If if the President Secretary-General is a national of either Contracting Party or if he is otherwise prevented from discharging the said exercising this function, the ViceUnder-President shall be invited to make the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice Secretary-General the oldest and who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal shall reach determine its decisions by a majority own rules and interpretation of votes and shall be binding on both contracting partiesthe award at the request of either Contracting Party. each Contracting Party shall assume bear the cost of the arbitrator of its business the arbitral tribunal as well as the costs of its own member of the Tribunal and of for its representation in the arbitral arbitration proceedings; . the cost business of the Chairman and the remaining costs shall be borne in equal parts shared equally by the contracting parties. The Tribunal maythe Tribunal, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and Contracting Parties to bear a higher proportion of costs; this decision shall be is binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between a Contracting Party and an Investor of the contracting partiesother Contracting Party
1. Any legal dispute arising directly from an investment between one of the Contracting Parties concerning and an investor of the interpretation or application of this Agreement shall, if possible, other Contracting Party shall be settled through diplomatic channelsamicably between them.
2. If such disputes can not be resolved in accordance with the provisions of paragraph 1 of this article, within two months of the date on which the request for resolution is made in writing, the respective investor may submit, at his convenience, the Resolution of the dispute before:
a) The competent court of the Contracting Party where the investment was made to decide; or
b) An Ad Hoc Arbitral Tribunal constituted in accordance with the rules of the United Nations Commission on International Trade Law (UNCITRAL) currently in force or, in the case of an agreement between the parties involved in the dispute, Accordance with the rules of any regional dispute between settlement mechanism to which one of the Contracting Parties cannot be settled within six months (6) It shall upon the request of either Contracting Party, be submitted to an arbitral tribunalis a party.
3. Such an arbitral tribunal The Ad Hoc Arbitral Tribunal stipulated in paragraph 2, subparagraph b, of this article, shall be constituted for each individual case in according to the following way. Within following:
a) Each Party to the dispute shall designate one arbitrator and the two (2) months arbitrators thus designated shall designate by mutual agreement a third arbitrator, who shall be a citizen of the receipt of the request for arbitrationa third country, each Contracting Party who shall appoint one member act as President of the Tribunal. The 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 All arbitrators must be appointed within two (2) months from the date of appointment notification by one of the Parties to the other two membersParty of their intention to submit the dispute to arbitration.
4. b) If within the periods specified in paragraph 3 of this article the necessary appointments (a) above have not been maderespected, either Contracting Party mayshall, in the absence of any other agreementAgreement, invite the President Secretary-General or the Deputy Secretary-General of the International Permanent 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 functionArbitration at The Hague, 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 is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to To make the necessary appointments.
5. c) The arbitral tribunal Ad Hoc Arbitral Tribunal shall reach adopt its decisions by a majority of votes vote. Such decisions shall be final and binding on the Parties and shall be binding on both contracting partiescomplied with. each Decisions shall be taken in accordance with the provisions of this Agreement, the laws and regulations of the Contracting Party participating in the dispute, the terms of any written Agreement between the investor and the Contracting Party and the principles of international law recognized by the Party Contracting party to the dispute. Unless the tribunal decides otherwise, in accordance with the special circumstances, each party to the dispute shall assume bear the costs of its own member of the Tribunal and of its representation in the arbitral arbitration proceedings; the cost The costs of the Chairman arbitrators and the remaining other costs shall be borne in equal parts equally by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of Parties to the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6dispute. The arbitral tribunal award shall make its decision on the basis be limited to determining whether there has been a breach of this Agreement Agreement, if such breach has caused damage to the investor and any agreement the corresponding compensation shall appear in force between the two parties and international law in general and take into account, as appropriate, the domestic law said arbitration award. A dispute which has already been previously filed before a competent court of the Contracting Party where in whose territory the investment concerned is locatedhas been made or where it has been regulated by that court shall not be brought before the Arbitral Tribunal.
d) The Tribunal will interpret the award and explain the reasons for its decision at the request of either party. The arbitration shall be held at the seat of the Permanent Court of Arbitration in The Hague, Netherlands, unless otherwise agreed by the Parties. Subject to the foregoing, the tribunal shall be governed by the arbitration rules established by the United Nations Commission on International Trade Law (UNCITRAL) 1976.
Appears in 2 contracts
Samples: Bilateral Investment Promotion and Protection Agreement, Bilateral Investment Promotion and Protection Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute disputes which may arise between the Contracting Parties concerning relating to the interpretation or and application of this Agreement shall, if as far as possible, be settled amicably through diplomatic channels.
2. If any In the event that the dispute between the Contracting Parties cannot be settled within six three months (6) It shall upon from the date on which one of the Contracting Parties notifies, in writing, the other Contracting Party, the dispute shall, at the request of either Contracting Partyone of them, be submitted to laid before an arbitral tribunalad hoc Arbitration Tribunal as provided in this Article.
3. Such an arbitral tribunal The Arbitration Tribunal shall be constituted for each individual case in the following way. Within manner: within two (2) months of from the receipt of the request for arbitration, each Contracting Party shall appoint one a member of the Tribunal. The These 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 TribunalThird State to act as Chairman. The Chairman shall be appointed within two (2) three months from the date of appointment of on which the other two membersmembers are appointed.
4. If the appointments have not been agreed within the periods specified in time provided by paragraph 3 of this article the necessary appointments have not been madeArticle, either of the Contracting Party mayParties, in the absence default of any other agreementarrangement, invite may apply to the President of the International Court of Justice to make the necessary appointmentsappointments within three months. If In the event that the President of the Court is a national of either one of the Contracting Party Parties or if he is otherwise prevented from discharging the said function, the application shall be made to the Vice-President of the Court. If the Vice-President is a national of one of the Contracting Parties or he is equally prevented from discharging the said function for any reason, the most senior member of the International Court of Justice, who is not a national of one of the Contracting Parties, shall be invited to make the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitration Tribunal shall reach rule with a majority vote, and its decisions by a majority of votes and shall be binding on both contracting partiesbinding. each Both Contracting Party Parties shall assume pay the costs of its their own member of the Tribunal arbitrator and of its representation in their own costs at the arbitral proceedings; the cost of the Chairman hearings. The President's costs and the remaining any other costs shall be borne in equal parts by divided equally between the contracting partiesContracting Parties. The Arbitration Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine lay down its own rules of procedure for all other mattersprocedures.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shallAgreement, if possible, be settled through diplomatic channels.
2. If any dispute between the Contracting Parties which cannot be settled within six months (6) It shall upon a reasonable amount of time by means of diplomatic negotiations, shall, unless the Contracting Parties have otherwise agreed, be submitted, at the request of either Contracting Party, be submitted to an arbitral tribunal.
3, composed of three members. Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one member arbitrator and the two arbitrators thus appointed shall together appoint a third arbitrator as their chairman who is not a national of the Tribunal. The two members shall then select either Contracting Party and who is a national of a third State, who on approval by State that has diplomatic relations with both Contracting Parties.
2. If one of the two Contracting Parties shall be appointed Chairman of the Tribunal. The Chairman shall be appointed fails to appoint an arbitrator and has not proceeded to do so within two (2) months after an invitation 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 mayto make such appointment, in the absence of any other agreement, latter Contracting Party may invite the President of the International Court of Justice to make the necessary appointmentsappointment. The President shall consult both Parties which consultations shall not take no longer than one month.
3. If the two core arbitrators are unable to agree on the chair person in the two months following their appointment, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment.
4. If, in the cases provided for in the paragraphs 2 and 3 of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is prevented from discharging the said function or is a national of either Contracting Party or if he is also prevented from discharging the functionParty, the said most senior member of the International Court of Justice the oldest available who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. In making its determination the Tribunal shall decide the dispute in accordance with customary rules of interpretation of public international law, as codified in the Vienna Convention on the Law of Treaties. Before the Tribunal decides, it may at any stage of the proceedings propose to the Contracting Parties to settle the dispute amicably. The arbitral tribunal foregoing provisions shall not prejudice settlement of the dispute ex aequo et xxxx if the Contracting Parties so agree.
6. Unless the Contracting Parties decide otherwise, the Tribunal shall determine its own procedure.
7. The Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be final and binding on both contracting partiesthe Contracting Parties.
8. each Each Contracting Party shall assume bear the costs of its own appointed member of the Tribunal and of its representation in the arbitral proceedings; the cost arbitration proceedings and half of the Chairman costs of the chairman and the remaining costs shall be borne in equal parts by the contracting partiescosts. The Tribunal may, however, in its decision direct that a higher proportion of direct the costs shall be borne by one of the two contracting parties, and this Contracting Parties. Such decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and 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 as far as possible, be settled through diplomatic channelsamicable negotiations.
(2. ) If any a dispute between the Contracting Parties according to paragraph 1 of this Article cannot be settled within six months (6) It it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal.paragraph 1 of this Article cannot be settled within six months 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 (2) months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party shall appoint one member of the Tribunal. The and these two members shall then select agree upon a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of the TribunalState as their chairman. The Chairman Such members shall be appointed within two (2) months from the date of appointment of one Contracting Party has informed the other Contracting Party, that it intends to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within two membersfurther months.
(4. ) If within the periods specified in paragraph 3 of this article the necessary appointments have Article 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 the necessary appointments. 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 or in case of his inability the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice next in seniority should be invited under the oldest who same conditions to make the necessary appointments.paragraph 3 of this Article are not observed, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is not a national of either of the Contracting Party shall Parties or if he is otherwise prevented from discharging the said function, the Vice-President or in case of his inability the member of the International Court of Justice next in seniority should be invited under the same conditions to make the necessary appointments.
(5. ) The tribunal shall establish its own rules of procedure.
(6) The arbitral tribunal shall reach its decisions decision in virtue of the present Agreement and pursuant to the generally recognized rules of international law. It shall reach its decision by a majority of votes and votes; the decision shall be binding on both contracting parties. each final and binding.
(7) Each Contracting Party shall assume bear the 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 contracting partiesboth Contracting Parties. The Tribunal tribunal may, however, in its decision that a higher proportion award determine another distribution of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matterscosts.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
(1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channelsconsultation or negotiation.
(2. ) If any the dispute between the Contracting Parties cannot be so settled within six months three (63) It shall months, it shall, upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
(3. Such an arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The These two members shall then select a national of a third State, who on approval by of the two Contracting Parties shall be appointed as Chairman of the TribunalTribunal(hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two three (23) months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute ) Disputes between the Contracting Parties concerning contracting parties relating to the interpretation or application of this Agreement shall, if as far as possible, be settled through diplomatic channels.
2by negotiations between both Contracting Parties. If any such a dispute between the Contracting Parties cannot be settled within six a period of three months (6) It from the date of the start of negotiations, it shall upon be submitted at the request of either Contracting Party, be submitted contracting party to an arbitral tribunal, in accordance with the provisions of this article.
3. Such an 2) The arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of arbitrator and the Tribunal. The two members arbitrators thus appointed offered by mutual agreement a Chairman who shall then select be a national of a third State, country and who on approval shall be appointed by the two Contracting Parties shall be appointed Chairman of the Tribunalcontracting parties. The Chairman arbitrators shall be appointed within two (2) three months and the Chairman within five months from the date of appointment of the other two membersrequest for arbitration.
4. 3) If within the periods specified in paragraph 3 of this article the necessary appointments (2) above have not been made, either Contracting Party may, in the absence of any other agreement, may 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 unable to perform this function, the designations shall be made by the Vice-President shall be invited to make of the necessary appointmentsInternational Court of Justice. if If the Vice- Vice-President is a national of either Contracting Party or if he is also prevented from discharging the unable to perform this function, the said most senior member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. 4) The arbitral tribunal shall reach take its decisions in accordance with the provisions of the present Agreement and other agreements concluded between the contracting parties, as well as the principles of international law. The decision shall be taken by a majority of votes and votes. Such decision shall be final and binding on both the contracting parties. each .
5) Each Contracting Party shall assume bear the costs of its own member of the Tribunal and of its representation in the arbitral proceedings; the appointed arbitrator. 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the arbitral tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, Investment Protection Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channelsconsultation or negotiation.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal of three members, in accordance with the provisions of this Article.
3. Such an arbitral tribunal 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. The These two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed Chairman of the TribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two (2) three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes.
6. The Tribunal shall be binding issue its decision on both contracting partiesthe basis of respect for the law, the provisions of this Agreement, as well as of the universally accepted principles of international law.
7. each Subject to other provisions made by the Contracting Parties, the Tribunal shall determine its procedure.
8. Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that may make a higher proportion of direct costs shall be borne by one different regulation concerning the costs.
9. The decisions of the two contracting parties, Tribunal are final and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matterseach Contracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 2 contracts
Samples: Investment Protection Agreement, 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 shallshould, if possible, be settled through diplomatic channels.
2. If any dispute disputes between the Contracting Parties cannot thus be settled within six months (6) It shall settled, it shall, upon the request of either Contracting Party, 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 (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. The Those two members shall then select a national of a third State, State which has diplomatic relations with both Contracting Parties and who on approval by 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 period specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreementAgreement, invite the President of the International Court of Justice to make the any necessary appointmentsappointment. 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 a necessary appointmentsappointment. if If the Vice- President is a national of either Contracting Party or if he too is also prevented from discharging the said function, the said member of the International Court of or Justice the oldest 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 determine its own procedure and shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesContracting Parties.
6. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal and of its representation in the an arbitral proceedingsproceeding; the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting partiesContracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting partiesContracting Parties, and this decision its award shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the Parties Concerning the Interpretation or Application of this Treaty
1. Disputes arising between the contracting parties
1. Any dispute between the Contracting Parties parties concerning the interpretation or application of this Agreement Convention shall, if as far as possible, be settled, in the first instance, through discussions between experts representing each of the parties, and may not be settled in this way through established diplomatic channels.
2. If any if a dispute between the Contracting Parties cannot be settled within six months (6) It in this way, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunal.
3. Such an the arbitral tribunal shall be constituted for each individual case in the following way. Within ad hoc as follows: within two (2) months of the receipt of the request for arbitration, each Contracting Party contracting party shall appoint one member of to the Tribunaltribunal. The these two members shall then select a national of a third Statestate, who on who, by approval by of the two Contracting Parties contracting parties, shall be appointed Chairman the chairman of the Tribunalarbitral tribunal. The Chairman the chairman shall be appointed within two (2) months from of the date of appointment of the two other two membersmembers of the tribunal.
4. If if the necessary appointments are not made within the periods period specified in paragraph 3 (3) of this article the necessary appointments have not been madeArticle, either each Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party party or if he is otherwise prevented from discharging the said unable to perform this function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is also a national of either Contracting Party or if he is also prevented from discharging the otherwise unable to perform this function, the said member of the International Court of Justice next in line in the oldest hierarchy who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal shall reach take its decisions by a majority of votes and shall be vote, such decisions being binding on both contracting parties. each Contracting Party Each contracting party shall assume bear the costs expenses incurred by its arbitrator, as well as the expenses of its own member of the Tribunal and of its his representation in the arbitral proceedings; , the cost expenses of the Chairman chairman and the remaining costs other expenses shall be borne in equal parts equally by the two contracting parties. The Tribunal the tribunal may, however, in its decision decide that a higher greater proportion of direct the costs shall be borne by one of the two contracting parties, parties and this decision shall be binding on both contracting parties. the arbitral tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Settlement of Disputes. between the contracting parties
1. Any dispute Disputes arising between the Contracting Parties contracting parties concerning the interpretation or and application of this Agreement shall, if possible, shall be settled as far as possible through diplomatic channelsamicable negotiations.
2. If an agreement is not reached within six months from the date of the notification of the dispute, any dispute between of the Contracting Parties cannot be settled within six months (6) It shall upon may refer the request of either Contracting Party, be submitted dispute to an arbitral tribunalAd-hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. Such an The arbitral tribunal shall consist of three members and shall be constituted for each individual case in the following way. Within manner: within two (2) months after the date of the receipt notification of the request for arbitration, each Contracting Party shall appoint one member an arbitrator. These two arbitrators within thirty days after the appointment of the Tribunal. The two members last one, shall then select a third member who shall be a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of chair the Tribunal. The designation of the Chairman shall be appointed approved by the Contracting Parties within two (2) months from thirty days after the date of appointment of the other two membershis nomination.
4. If within the periods specified in paragraph 3 2 of this article article, the necessary appointments have appointment has not been mademade or required the approval has been granted, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice to make the necessary appointmentsappointment. 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 or if he is otherwise prevented from discharging the said functionParty, the Vice-President shall be invited to make the necessary appointments. appointment, and if the Vice- President latter is prevented or is a national of either of the Contracting Party or if he is also prevented from discharging the functionParties, the said member judge of the International Court of Justice the oldest who in antiguedad and who is not a national of either one of the Contracting Party Parties shall be invited to make the necessary appointmentsappointment.
5. The President of the Tribunal shall be a national of a third State with which both contracting parties maintain diplomatic relations.
6. The arbitral tribunal shall reach its decisions decide on the basis of the provisions of this Agreement and the principles of international law and the general principles of law recognized by the contracting parties. The Tribunal shall decide by a majority of votes and shall be binding on both contracting partiesdetermine its own procedural rules.
7. each Each Contracting Party shall assume bear the costs of its own member of the Tribunal and of arbitrator, as well as those relating to its representation in the arbitral proceedings; the . The cost of the Chairman and the remaining costs of the proceedings shall be borne removed in equal parts by the contracting partiesparties unless they agree otherwise.
8. The Tribunal may, however, in its decision that a higher proportion Decisions of direct costs the arbitral tribunal shall be borne by one of the two contracting parties, final and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channelsconsultation or negotiation.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal 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. The 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 TribunalTribunal (hereinafter referred to as the "Chairman"). 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 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator 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 partiesboth Contracting Parties. The Tribunal tribunal may, however, in its decision however decide that a higher proportion portion of direct costs shall be borne by one of the two contracting partiesContracting Parties, and this decision award shall be binding on both contracting partiesContracting Parties. the tribunal The Arbitral Tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute between the Contracting Parties Parties
(1) Disputes between the Contracting parties concerning the interpretation or application of this Agreement shall, if possible, be settled through consultation or diplomatic channels.
(2. ) If any a dispute between the Contracting Parties cannot be settled within six months (6) It shall months, it shall, upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
(3. Such an arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. , Within two (2two(2) months of the receipt of the request for arbitrationarbitration , each Contracting Party shall appoint one member of the Tribunal. The These two members shall then select a national of a third State, who on approval by of the two Contracting Parties parties shall be appointed Chairman of the TribunalTribunal (hereinafter referred to as the "chairman"). The Chairman shall be appointed within two three (23) months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this article Article the necessary appointments have not been made, a request may be made by either Contracting Party may, in to the absence of any other agreement, invite the President 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 appointmentsappointment. if If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The Tribunal shall decide the dispute according to this Agreement and to the principles of international law. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs cost 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shall, if possible, shall be settled as far as possible between the two contracting parties through diplomatic channelsconsultations.
2. If any the dispute between is submitted to a joint commission composed of the Contracting Parties cannot be settled within six months (6) It representatives of the Parties, which shall meet without delay upon the request of either Contracting Party, .
3. If the Joint Commission cannot settle the dispute within six months after the beginning of negotiations it shall be submitted to an arbitral tribunaltribunal at the request of one of the Contracting Parties.
34. Such an arbitral tribunal The Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of arbitrator and the Tribunal. The two members arbitrators shall then select appoint a third arbitrator who is a national of a third State, who on approval by the two Contracting Parties shall be appointed State as Chairman of the Tribunal. The Chairman arbitrators shall be appointed within two (2) three months and the Chairman within five months from the date of appointment of on which either Contracting Party has informed the other two memberscontracting party of its intention to submit the dispute to an arbitration tribunal.
45. If within the periods specified in paragraph 3 of this article the necessary appointments (4) above have not been madeobserved, either Contracting Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, unable to perform this function the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. if If the Vice- Vice-President is a national of either Contracting Party or if he is also prevented from discharging exercising his mandate the function, the said most senior member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointments.
56. The arbitral tribunal shall reach its decisions decide on the basis of the provisions of this Agreement and regies and principles of international law. the decision of the Tribunal shall be adopted by a majority of votes and votes. it shall be final and binding on both the contracting parties.
7. each The tribunal shall determine its own rules of procedure.
8. Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator and of its representation in the arbitral arbitration 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channelsconsultations or negotiations.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It shall from the date of the request for settlement, it shall, upon the request of either Contracting Party, be submitted to an arbitral tribunalAd hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within : within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The These two members shall then select a national of a third StateState who, who on approval by of the two Contracting Parties parties, shall be appointed Chairman of the TribunalTribunal (hereinafter referred to as the “Chairman”). The the Chairman shall be appointed within two (2) three months from the date of the appointment of the other two members.
4. If within the periods specified in paragraph 3 (3) of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be a national of either Contracting Party 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 If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesbinding. each Contracting Party shall assume bear the costs 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between the contracting parties
1. Each Contracting Party shall accord sympathetic consideration to, and shall afford adequate opportunity for consultation regarding, such representations as the other Contracting Party may make with respect to any matter affecting the implementation of this Agreement.
2. Any dispute between the Contracting Parties concerning as to the interpretation or and application of this Agreement shallAgreement, if possiblenot satisfactorily adjusted by diplomacy within 6 months after the request for consultation referred to in paragraph 1, shall be settled through diplomatic channels.
2referred for decision to an arbitration board. If any dispute between Such arbitration board shall be composed of three arbitrators, with each Contracting Party appointing one arbitrator within a period of thirty days from the date of receipt by either Contracting Parties canParty from the other Contracting Party of a note requesting arbitration of the dispute, and the third arbitrator to be agreed upon as President by the two arbitrators so chosen within a further period of thirty days, provided that the third arbitrator shall not be settled within six months (6) It shall upon the request a national of either Contracting Party, be submitted to an arbitral tribunal.
3. Such an arbitral tribunal shall be constituted for each individual case in If the following way. Within two (2) months of third arbitrator is not agreed upon between the receipt of the request for arbitration, arbitrators appointed by each Contracting Party shall appoint one member within the further period of thirty days referred to in paragraph 2, the Tribunal. The 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 (2) 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 request the President of the International Court of Justice to make appoint the necessary appointmentsthird arbitrator who shall not be a national of either Contracting Party. If the President of the International Court of Justice is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President of the court shall be invited to make the necessary appointments. if If the Vice- Vice-President of the court is a national of either Contracting Party or if he he, too, is also prevented from discharging the said function, the said member of the International Court of Justice the oldest court next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
54. The arbitral tribunal arbitration board shall within a reasonable period of time reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesfinal and binding.
5. each Each Contracting Party shall assume bear the costs cost of the arbitrator of its own member of the Tribunal choice and of its representation in the arbitral proceedings; the . The cost of the Chairman President of the arbitration board in discharging his or her duties and the remaining costs of the arbitration board shall be borne in equal parts equally by the contracting partiesContracting Parties. The Tribunal However, the arbitral board may, howeverat its discretion, in its decision direct that a higher proportion or all of direct such remaining costs shall of the arbitration board be borne paid by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting partiesContracting 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 any dispute between the Contracting Parties cannot be settled within six months (6) It shall upon months, it shall, at the request of either Contracting Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal 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. The These 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 (2two(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 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 the 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 If the Vice- Vice-President also is a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesContracting Parties.
6. each Each Contracting Party shall assume bear the 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 partiesboth Contracting Parties. The Tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting partiesContracting Parties.
7. the tribunal The Arbitral Tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment 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 the Government of the two Contracting Parties through direct and meaningful diplomatic channelsconsultation and negotiations.
2. If any a dispute between the Contracting Parties cannot thus be settled within six months (6) It settled, it shall upon the request of either Contracting Party, Party be submitted to an arbitral arbitration tribunal.
3. Such an arbitral arbitration tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of the Tribunal. The and these two members shall then select agree upon a national of a third State, who on approval State as their chairman to be appointed by the Governments of the two Contracting Parties shall be appointed Chairman of the TribunalParties. The Chairman Such members shall be appointed within two (2) months, and such chairman shall be appointed within three months from the date of appointment of on which either Contracting Party has informed the other two membersContracting Party that it wants to submit the dispute to an arbitration tribunal.
4. If within the periods specified in paragraph 3 of this article the necessary appointments above have not been made, observed either Contracting Party may, in the absence of any other agreementrelevant 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-Vice President shall be invited to make the necessary appointments. if If the Vice- Vice-President is a national of either Contracting Party or if he he, too, is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral arbitration tribunal shall reach its decisions decision by a majority of votes and its decision shall be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitration tribunal and costs of its representation counsel in the arbitral arbitration proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting partiesboth Contracting Parties. The Tribunal maytribunal may decide on any alternative system to share the costs. In all other respects, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the arbitration tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any In case of any dispute between the Contracting Parties concerning arise form the interpretation or application of provisions of this Agreement shall, if possible, agreement shall be settled through diplomatic channelsby means of negotiations.
2. If any dispute between the both Contracting Parties cannot be settled fail to settle the dispute according to item 1 above within six 6 months (6) It shall from the date of the commencement of negotiation, the dispute, upon the request of either of the Contracting Party, Parties shall be submitted to an arbitral presented before a special arbitration tribunal.
3. Such an arbitral tribunal The arbitration tribunal, which made of three arbitrator, shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The two members shall then select a national of a third State, who on approval particularly formed by the two Contracting Parties Parties. Each Contracting party shall nominate one arbitrator, and then the two nominated arbitrators shall appoint the third arbitrator who will be appointed Chairman the president of the Tribunalarbitration tribunal. The Chairman However, the three arbitrators shall be appointed within two (2) 3 months, and the president shall be appointed at least within 5 months from the date of appointment the receipt of the other two membersarbitration announcement.
4. If In case of either Contracting Parties failure to make the above-mentioned appointments within the periods specified in paragraph 3 of this article months period, the necessary appointments have not been made, either later Contracting Party may, in Parties may call the absence of any other agreement, invite the President president of the International High 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 is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral If the two arbitrators failed to reach an agreement about the selection of the arbitration tribunal shall reach its decisions by a majority head within two months of votes and their appointment, that tribunal head shall be binding on both appointed in accordance with the request of either contracting parties. each Contracting Party shall assume party, by the costs of its own member President 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersInternational Court.
6. If the President of the International Court, in the cases mentioned in paragraphs “4” and “5” of this article, prevented from accomplishment of his mission mentioned above or holding the nationality of either contracting party, such appointment shall be conducted by the acting President of the International Court, and if the later was prevent from accomplishment of his mission mentioned above or he was holding the nationality of either contracting party, such appointment shall be conducted by the next senior court judge holding the nationality of neither contracting party.
7. The arbitral arbitration tribunal shall make issue its decision decisions on the basis of law respect and the provisions of this Agreement and any agreement in force between as well the two parties and international law in general principles.
8. The arbitration tribunal shall stipulate special procedures and shall take into accountits decisions by majority of votes, as appropriate, however the domestic law resolutions of this tribunal shall be considered binding and final to the Contracting Parties.
9. Each Contracting Party where shall bear all expenses related to his appointed arbitrator and the investment concerned is locatedContracting Parties shall be responsible for expenses related to the president as well other expenses.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shall, if shall as far as possible, be settled through diplomatic channels.
2. If any a dispute between the Contracting Parties cannot be settled in this way within six months (6) It from the beginning of negotiations, it shall upon be submitted, at the request of either Contracting Party, be submitted contracting party to an arbitral tribunal.
3. Such an The arbitral tribunal shall be constituted for ad hoc as follows: each individual case in Contracting Party shall appoint one arbitrator and the following waytwo arbitrators shall select a national of a third State as Chairman of the arbitral tribunal. Within two (2) the arbitrators shall be appointed within three months and the Chairman within five months of the receipt of the request for notice of arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 (2) months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 paragraghe (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 the necessary appointments. If if the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionunable for any reason to carry out those functions, the Vice-President shall be invited to make the necessary appointments. if the Vice- Vice-President is a national of either Contracting Party or if he is also prevented from discharging carrying out the function, the said member of the International Court of Justice the oldest Justice, immediately following in authority and who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal shall decide on the basis of respect for the Law, the provisions of this Agreement as well as the principles of international law.
6. The tribunal shall determine its own procedure. it interprets the award at the request of either Contracting Party. the tribunal shall reach its decisions decision by a majority of votes and votes. such decision shall be final and binding on both contracting the parties.
7. each Each Contracting Party shall assume bear the costs cost of its own member of arbitrator and its representation. the Tribunal costs related to the Chair and of its representation in the arbitral proceedings; the cost of the Chairman and the any remaining costs shall be borne in equal parts by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
(1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this the Agreement shall, if possible, be settled by consultation through diplomatic channels.
(2. ) If any dispute between the Contracting Parties cannot be settled within six months (6) It shall upon months, it shall, at the request of either Contracting Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article.
(3. ) Such an arbitral tribunal 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. The These two members shall then select a national of a third 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 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 the 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 If the Vice- Vice-President also is a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such a decision shall be final and binding on both contracting parties. each Contracting Parties.
(6) Each Contracting Party shall assume bear the 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 both Contracting Parties.
(7) The Arbitral Tribunal will decide disputes in accordance with this Agreement and the contracting partiesapplicable rules and principles of international law. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Agreement for the Promotion and Protection of Investments
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 as far as possible, be settled amicably through diplomatic channels.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months three (63) It months, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 TribunalTribunal (hereinafter referred to as the "Chairman"). 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 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision decide that a higher proportion of direct the costs shall be borne by one of the two contracting parties, Contracting Parties and this decision award shall be binding on both contracting partiesContracting Parties. the tribunal The Arbitral Tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between the contracting parties
1. Any 1.- If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this Agreement shalland its Annex, if possiblethe Contracting Parties shall in the first place endeavour to settle it by negotiations.
2.- If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for an advisory opinion to some person or body.
3.- If the Contracting Parties fail to reach a settlement pursuant to paragraphs 1 and 2 above, the dispute shall be settled referred to a Tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be agreed upon by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice, through diplomatic channels.
2. If any dispute between the Contracting Parties cannot be settled within six months (6) 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 (2) months requesting arbitration of the receipt of dispute by such a Tribunal and the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 arbitrator shall be appointed within two a further period of sixty (260) months from the date of appointment days. If either of the other two members.
4. If Contracting Parties fails to nominate its arbitrator within the periods specified in paragraph 3 of this article the necessary appointments have not been madeperiod specified, either Contracting Party may, in the absence of any other agreement, invite the President of the Council of the International Court of Justice Civil Aviation Organization may be requested by either Contracting Party to make appoint an arbitrator or arbitrators as the necessary appointments. If case may require; provided that if the President of the Council of the International Civil Aviation Organization is a national of either Contracting Party Party, the senior Vice-President of the Council or if he is otherwise prevented from discharging the said functionsuch a national, the Vice-President shall Senior Member of the Council who is not such a national may be invited requested to make the necessary appointmentsappointments as the case may be. if the Vice- President is The third arbitrator, however, shall be a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest 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 third state and shall be binding on both contracting parties. each Contracting Party shall assume act as the costs of its own member President of the Tribunal and of its representation in shall determine the arbitral proceedings; the cost of the Chairman and the remaining costs shall place where arbitration will be borne in equal parts by the contracting parties. held.
4.- The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedures.
6. 5.- The arbitral tribunal expenses of the Tribunal shall make its decision on the basis of this Agreement and any agreement in force be shared equally between the two parties and international law Contracting Parties.
6.- The Contracting Parties undertake to comply with any decision delivered in general and take into account, as appropriate, the domestic law application of the Contracting Party where the investment concerned is locatedpresent Article.
Appears in 1 contract
Samples: Air Transport 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 through diplomatic channels.
2. If any a dispute between the Contracting Parties cannot thus be settled within six months (6) It months, it shall upon at 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 as follows:
(2a) months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one member of the Tribunal. The member, and these two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunal. tribunal;
(b) The Chairman said members shall be appointed within two (2) months three months, and the Chairman within four months, from the date of appointment of on which either Contracting Party shall have informed the other two membersContracting Party that it proposes to submit the dispute to an arbitral tribunal.
4. If If, within the periods specified in paragraph 3 of this article Article, the necessary appointments have not been made, either Contracting Party may, in the absence of any other relevant agreement, 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 If the Vice- Vice-President is a national of either Contracting Party or if he he, too, is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party Parry-shall be invited to make the necessary appointments.
5. (a) The arbitral tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be final and binding on both contracting parties. each Contracting Party shall assume Parties.
(b) Subject to the costs power of the arbitral tribunal to give a different ruling concerning costs, the cost of its own member of the Tribunal and of its representation in the arbitral proceedings; proceedings shall be come by each Contracting Party and the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting parties. The Tribunal mayContracting Parties.
(c) In all respects other than those specified in subparagraphs (a) and (b) of this paragraph, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the arbitral tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channelsconsultation or negotiation.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 TribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two (2) three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral arbitration tribunal shall reach its decisions decision on the basis of the provisions of this Agreement as well as of the generally accepted principles and rules of international law. The arbitration tribunal shall decide by a majority of votes and vote. Its awards shall be final and binding on both contracting partiesContracting Parties. each The tribunal shall establish its own procedure.
6. Each Contracting Party shall assume bear the costs expenses of its own member of the Tribunal arbitrator and of its representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman and the remaining costs expenses shall be borne in equal parts by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if as far as possible, be settled through the diplomatic channels.
2. If any dispute between the Contracting Parties cannot be settled reach an agreement within six months (6) It shall after the beginning of the dispute between themselves, the latter 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 (2) months of from the receipt of date on which either Contracting Party receives from the other Contracting Party a request for arbitration, each Contracting Party shall appoint one member of the Tribunalarbitrator. The These two members arbitrators shall then together, within a further two month period, select a third arbitrator who is a national of a third State. The third arbitrator, who on approval once approved by the two Contracting Parties Parties, shall be appointed as Chairman of the Tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two membersarbitral tribunal.
4. If the arbitral tribunal has not been constituted 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 the any necessary appointments. If the President is a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said this function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is a national of either Contracting Party or if he too is also prevented from discharging the said function, the said member of the International Court of Justice the oldest 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 determine its own procedure subject to the provisions of this Agreement and international law. The arbitral tribunal shall reach its decisions by a majority of votes and votes. The decisions shall be final and binding on both contracting partiesupon each Contracting Party.
6. each Each Contracting Party shall assume bear the costs of its own member of the Tribunal arbitral tribunal and of its representation in the arbitral arbitration proceedings; the cost costs of the Chairman and the remaining costs shall be borne in equal parts by the contracting partiesContracting Parties. The Tribunal arbitral tribunal may, however, in its decision decide that a higher proportion of direct costs shall be borne by one of the two contracting parties, Contracting Parties and this decision such award shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channelsconsultation or negotiation.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal 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. The 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 TribunalTribunal (hereinafter referred to as "Chairman"). 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 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator 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 partiesboth Contracting Parties. The Arbitral Tribunal shall determine its own procedure. The tribunal may, however, in its decision however decide that a higher proportion portion of direct costs shall be borne by one of the two contracting partiesContracting Parties, and this decision award shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
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 and application of this Agreement shallshould, if as far as possible, be settled amicably by negotiation through diplomatic channels.
2. If any dispute between the Contracting Parties cannot be settled fail to reach a settlement within six months (6) It months from the time the dispute arose, the dispute shall upon the request of either Contracting Party, be submitted to an arbitral tribunal, 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 two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. The Those two members shall then select a national of a third State, with both Contracting Parties maintain diplomatic relations, who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunaltribunal. The Chairman shall be appointed within two three (23) months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 (3) of this article 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 the 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-Vice President shall be invited to make the necessary appointments. if If the Vice- Vice President is a national of either Contracting Party or if he is also prevented from discharging the said function, the said member Member of the International Court of Justice the oldest 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 rule according to majority vote. The decisions by a majority of votes and the tribunal shall be final and binding on both contracting partiesContracting Parties.
6. each Each Contracting Party shall assume be responsible for the costs of its own member of the Tribunal and of its representation in the arbitral proceedings; . Both Contracting Parties shall assume and equal share of the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting partiesChairman, as well as any other costs. The Tribunal maytribunal may make a different decision regarding costs.
7. In all other respects, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine define its own rules of procedure for all other mattersprocedure, unless the parties decide otherwise.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of the provisions of this Agreement shall, if possible, shall be settled through diplomatic channels.channels by means of negotiations and consultations. Volume 2408, I-43456
2. If any dispute between an agreement cannot be reached by the Contracting Parties cannot be settled within six months (6) It shall months of the date on which the dispute arose, the dispute shall, upon the request of either Contracting Party, be submitted to referred for consideration by an arbitral tribunal.
3arbitration tribunal comprising three members. Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one member of arbitrator and the Tribunal. The two members appointed arbitrators shall then select a chair, who shall be a national of a third State, who on approval by State maintaining diplomatic relations with the two States of both Contracting Parties.
3. If one of the Contracting Parties shall be appointed Chairman of does not appoint its arbitrator or agree with the Tribunal. The Chairman shall be appointed invitation from the second Contracting Party to make such an appointment within two (2) months from months, 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 latter Contracting Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to make the necessary appointmentsappointment.
4. If neither arbitrator can reach an agreement on the selection of a chair within two (2) months from their appointments either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment.
5. If under the cases specified in paragraphs 3 and 4 of this article the President of the International Court of the United Nations cannot discharge the said functions or if he is a national of either one of the Contracting Party or if he is otherwise prevented from discharging the said functionParties, the Vice-President appointment shall be invited to make made by the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either of the Contracting Party shall be invited to make the necessary appointmentsParties.
56. Before the tribunal makes its decision, it may at any stage of its work propose to the Contracting Parties that they settle their dispute amicably. The arbitral foregoing provisions shall not hinder the settlement of the dispute, if the Contracting Parties so decide.
7. The tribunal shall establish its procedural rules without disturbing other arrangements between the Contracting Parties. The tribunal shall reach its decisions by a majority of votes and shall be binding on both contracting partiesvotes.
8. each Each Contracting Party shall assume bear the maintenance costs of for its own member of the Tribunal and of tribunal, in accordance with its representation share in the arbitral arbitration proceedings; . The maintenance costs for the cost chair of the Chairman arbitration tribunal and the remaining costs shall be borne in equal parts by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct other costs shall be borne by the Contracting Parties in equal parts. In its decision the tribunal may however allocate a higher participation in the costs to one of the two contracting partiesContracting Parties, and this decision shall be binding on both contracting partiesContracting Parties.
9. The decisions of the tribunal shall determine its own rules of procedure for all other mattersare final and binding on both Contracting Parties. Article 10.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channelsconsultation or negotiation.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting PartyParties, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 TribunalTribunal (hereinafter referred to as the „Chairman“). The Chairman shall be appointed within two (2) three months from the date of the appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointmentsappoint- ments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- President is Vice-Pre- sident also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator and of its representation in the arbitral proceedingspro- ceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between Between the contracting partiesContracting Parties
(1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possiblepossible , be settled through diplomatic channels.
(2. ) If any a dispute between the Contracting Parties cannot be settled within after a period of six months (6) It from the date of beginning of negotiations , it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal.
(3. Such an arbitral ) Arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each as follows: Each Contracting Party shall appoint one member of the Tribunaltribunal, and the two members shall then select jointly third arbiter from , a national of a third State as Chairman of the tribunal. The two members shall then select a national of a third Stateappoint within three months, who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunal. The Chairman shall be appointed within two (2) five months from the date of appointment of the notification from one Party to the other two membersParty his attention to submit the dispute to an arbitral tribunal.
(4. ) If within the periods specified in paragraph 3 (3) of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, may invite the President of the International Court of Justice 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 appointmentsappointment. if If the Vice- Vice-President is a national of either Contracting Party or if he too is also prevented from discharging the said function, the said member Member of the International Court of Justice the oldest 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 base its decisions on the provisions of this Agreement and the rules and principals of the international law, and shall reach its decisions decision by a majority of votes and . Such decision shall be final and binding on for the both contracting parties. each Contracting Parties.
(6) The arbitral tribunal shall determine its own rules of proceedings.
(7) Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal tribunal and of its representation in the arbitral proceedingsproceeding; 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties .
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall, if as far as possible, be settled through resolved amicably by diplomatic channelsmeans.
2. If any dispute between In the event that such disputes can not be resolved within three months of the date on which one of the Contracting Parties cannot be settled within six months (6) It shall upon has made a written request, they shall, on the request initiative of either Contracting Partyone of them, be submitted subject to the jurisdiction of 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 as follows: within two months from the following way. Within two (2) months date of the receipt of the request for arbitration, each Contracting Party shall appoint one a member of the Tribunaltribunal. The These two members shall then select will then, as president, elect a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunal. The Chairman chairman shall be appointed within two (2) three months from of the date of appointment of the other two members.
4. If If, within the periods specified time limit referred to in paragraph 3 of this article Article, the necessary appointments of the two members have not yet been madecompleted, either each of the two Contracting Party may, in the absence of any other agreement, invite Parties may request their appointment to the President of the International Court of Justice Justice. If he is a citizen of one of the Contracting Parties or for any other reason he is not able to make his appointments, he will be asked by the necessary appointmentsVice President of the Court. If Whenever the President vice president is a national citizen of either one of the Contracting Party Parties or if for whatever reason he is otherwise prevented from discharging the said function, the Vice-President shall be invited not even able to make the necessary appointments. if the Vice- President is a national of either Contracting Party or if , he is also prevented from discharging the function, the said will appoint an older member of the International Court of Justice the oldest who is not a national citizen of either one of the Contracting Party shall be invited to make the necessary appointmentsParties.
5. The arbitral tribunal shall reach will decide by majority vote and its decisions by a majority of votes and shall will be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs of its own member arbitrator and those for his participation in the arbitration proceedings. The expenses of the Tribunal and of its representation in the arbitral proceedings; the cost of the Chairman President and the remaining costs expenses shall be borne in equal parts by the contracting partiestwo Parties equally. The Tribunal court may, however, in decide by its own decision that a higher proportion of direct the costs shall must be borne by one of the two contracting parties, Contracting Parties and this that decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6Contracting Parties. The arbitral tribunal shall make will establish its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedown procedures.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this the Agreement shall, if possible, be settled by consultation through diplomatic channels.
2. If any dispute between the Contracting Parties cannot be settled within six months (6) It shall upon months, it shall, at the request of either Contracting Party, be submitted to an arbitral tribunalad hoc Arbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal 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. The These two members shall then select a national of a third 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 Article the necessary appointments have not been made, a request may be made by either Contracting contracting Party may, in the absence of any other agreement, invite to the President of the International Court of Justice to make the 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 If the Vice- Vice-President is also a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesContracting Parties.
6. each Each Contracting Party shall assume bear the 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between 1) In the contracting parties
1. Any event that a dispute arises between the Contracting Parties concerning with regard to the interpretation or application of the provisions of this Agreement shallAgreement, if possible, be settled the Contracting Parties shall resolve them by means of negotiations and consultations through diplomatic channels.
2. ) If any such dispute between the Contracting Parties cannot be settled in a diplomatic way within six months (6) It shall months from the date on which the dispute has been notified by either party, it shall, upon the request of either Contracting Party, be submitted to an arbitral tribunalarbitration. The Arbitration Tribunal (hereinafter called "the Tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be the Chairman of the Tribunal, appointed by agreement of the Contracting Parties.
3. Such an arbitral tribunal shall be constituted for each individual case in the following way. ) Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The two members shall then select a national of a third Statearbitrator, who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunal. The Chairman shall be appointed and within two (2) months from the date of such appointment of the other two membersarbitrators, the Contracting Parties shall appoint the third arbitrator.
4. ) If the Tribunal shall not have been constituted within four (4) months of receipt of the periods specified in paragraph 3 of this article the necessary appointments have not been maderequest for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make appoint the necessary appointmentsarbitrator or arbitrator not yet appointed. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionunable to do so, the Vice-President shall may be invited to make the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the functiondo so, the said member Member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall may be invited to make the necessary appointments, and so on.
5. ) The arbitral tribunal Tribunal shall reach its decisions decision by a the majority of votes and shall be binding on both contracting parties. each Contracting Party shall assume the costs 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. votes.
6) The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this Tribunal's decision shall be binding on both contracting parties. final and the tribunal Contracting Parties shall determine abide by and comply with the terms of its award costs.
7) Apart from the above the Tribunal shall establish its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Settlement of Disputes. between the contracting parties
1. Any dispute ) Disputes between the Contracting Parties contracting parties concerning the interpretation or and application of this Agreement shallagreement should, if as far as possible, be settled amicably gráce consultations between the two Contracting Parties through diplomatic channels.
2. ) If any dispute between the Contracting Parties these disputes cannot be settled within six months (6) It shall upon from the request date on which either of either Contracting Partythe two contracting parties have notified each other in writing to the other contracting party they will be submitted, be submitted on demade by one of the two parties, to an ad hoc arbitral tribunaltriunal 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 of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of the TribunalTribunal within two months from the date of receipt of the request for arbitration. The the two members shall then select a national of a third State, who on approval by shall act as Chairperson ci-de later called the two Contracting Parties shall be appointed Chairman of Chair). the Tribunal. The Chairman shall be appointed within two (2) a period of three months from the date of appointment of the other two members.
4. ) If within the periods specified in paragraph 3 (3) of this article article, either of the necessary appointments Contracting Parties has not appointed its arbitrator or if the arbitrators have not been madereached an agreement on the President, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice shall at the request of either party the appointment. if it means a national of one of the contracting parties or if he is unable to perform this function, the Vice-President shall make the necessary appointmentsappointment. If if the Vice-President is also a national of either Contracting Party or if he is otherwise prevented from discharging unable to perform this function, the said member of the International Court of Justice next in seniority seniority who is a national of a third State, will conduct the nomination.paragraphe (3) of this article, either of the Contracting Parties has not appointed its arbitrator or if the arbitrators have not reached an agreement on the President, the President of the International Court of Justice shall at the request of either party the appointment. if it means a national of one of the contracting parties or if he is unable to perform this function, the Vice-President shall be invited to make the necessary appointmentsappointment. if the Vice- Vice-President is also a national of either Contracting Party or if he is also prevented from discharging the unable to perform this function, the said member of the International Court of Justice the oldest next in seniority seniority who is not a national of either Contracting Party a third State, shall be invited to make the necessary appointmentsappointment.
5. ) The arbitral tribunal shall reach its decisions decide by a majority of votes and votes. its decisions shall be binding on both the contracting parties. each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator and of propore costs relating to its representation in the consultation during any arbitral proceedings; . the cost of costs related to the Chairman Chair and the any remaining costs shall be borne in equal parts equally by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make establish its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedown procedures.
Appears in 1 contract
Samples: Bilateral Investment Agreement
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, shall be settled as far as possible through diplomatic channels.
2. If any the dispute between the Contracting Parties cancan not be settled in this way within six months (6) It from the beginning of the negotiations, it shall upon be submitted, at the request of either Contracting Party, be submitted to an arbitral tribunal.
3. Such an The arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, as follows: each Contracting Party shall appoint one member of the Tribunalan arbitrator and those two arbitrators shall elect a third-country national as president. The 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 arbitrators shall be appointed within two (2) a period of three months from and the chairman shall, within five months of the date of appointment of on which either Contracting Party has informed the other two membersContracting Party of its intention to refer the dispute to an arbitral tribunal.
4. If within the periods specified in paragraph 3 of this article the necessary appointments have not been mademade within the time limits set forth in paragraph 3 of this article, either any Contracting Party may, in the absence of any other agreement, invite urge the President of the International Court of Justice to make the necessary appointments. If the President is a national of either one of the Contracting Party Parties or if he is otherwise prevented from discharging the said functionunable to perform that function for other reasons, the Vice-President shall be invited urged to make the necessary appointments. if If the Vice- Vice-President is a national of either one of the Contracting Party Parties or if he is also prevented from discharging the unable to perform such a function, he shall be urged to make the said necessary appointments to the member of the International Court of Justice the oldest who follows him in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty.
5. The arbitral tribunal shall reach render its decisions decision on the basis of the provisions contained in this Agreement, as well as the generally accepted principles of international law.
6. Unless the Contracting Parties decide otherwise, the arbitral tribunal shall establish its own procedure.
7. The arbitral tribunal shall adopt its decision by a majority of votes and that decision shall be final and binding on both contracting partiesContracting Parties.
8. each Each Contracting Party shall assume bear the costs expenses of its own member of the Tribunal arbitrator and of those related to its representation in the arbitral proceedings; the cost . All other expenses, including those of the Chairman and the remaining costs President, shall be borne in equal parts equally by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between the contracting partiesparties concerning interpretation and application of the agreement
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, if possible, be settled through diplomatic channels.
2. If any a dispute between the Contracting Parties cannot thus be settled within six months (6) It shall through 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 (2) three months of from the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. The Those two members shall then select a national of a third StateState who, who on approval by the two Contracting Parties Parties, shall be appointed Chairman of the Tribunaltribunal. 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 of this article 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 the 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 If the Vice- President is a national of either Contracting Party or if he is also too prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.
5. The arbitral tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs cost of its own member of the 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 partiesContracting Parties. The Tribunal may, however, tribunal may however in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting partiesContracting Parties, and this decision award shall be binding on both contracting partiesContracting Parties. the The tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment 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 through diplomatic channelsconsultations or negotiations.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 TribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two (2) three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President of the Court is a national of either any Party to the dispute or of a State with which one of the Contracting Party Parties does not maintain diplomatic relations or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he of a State with which one of the Contracting Parties does not maintain diplomatic relations or is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party or of a State with which one of the Contracting Parties does not maintain diplomatic relations shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between Section 16.1 In the contracting parties
1. Any event of a dispute between Nigeria and the Contracting Parties concerning the interpretation or application of this Agreement shallBank, if possible, be settled through diplomatic channels.
2. If any such dispute between the Contracting Parties cannot be settled within six months (6) It shall upon the request of either Contracting Party, be submitted by notification in writing to an arbitral tribunal.
3arbitration by a tribunal of three arbitrators. Such an arbitral tribunal One of the arbitrators shall be constituted for each individual case in appointed by Nigeria, another by the following wayBank and the two Parties shall appoint the third arbitrator, who shall be the Chairman. Within two (2) months If, within forty-five days of the receipt of the request for arbitration, each Contracting Party shall appoint one member either party has not appointed an arbitrator, or if, within thirty days of the Tribunal. The 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 (2) months from the date of appointment of the other two membersarbitrators, the third arbitrator has not been appointed either party may request the Administrative Secretary-General of the Organisation of African Unity to appoint the arbitrator not yet appointed. The procedure of arbitration shall be fixed by the arbitrators, but the third arbitrator shall have full power to settle all questions of procedure in any case of disagreement with respect thereto.
4Section 16.2 The Tribunal shall afford to all parties a fair hearing and shall render its award in writing, such award may be rendered by default. 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 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 is also prevented from discharging the function, the said member of the International Court of Justice the oldest 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 An award signed by a majority of votes and the Arbitral Tribunal shall constitute the award of such Tribunal. A signed counterpart of the award shall be transmitted to each Party. Any such award rendered in accordance with the provisions of this Section shall be final and binding on both contracting partiesupon the Parties to this Agreement. each Contracting Each Party shall assume abide by and comply with any such award rendered by the costs Tribunal in accordance with the provisions of this Section.
Section 16.3 The Parties shall fix the amount of the remuneration of the arbitrators and such other persons as shall be required for the conduct of the arbitration proceedings. If the Parties shall not agree on such amount before the Tribunal shall convene, the Tribunal shall fix such amount as shall be reasonable under the circumstances. Either Party to this Agreement shall defray its own member expenses in the arbitration proceedings. The cost of the Tribunal shall be divided between, and of its representation in borne equally by, Nigeria on one side and the arbitral proceedings; Bank on the cost other side. Any question concerning the division of the Chairman and expenses of the remaining costs Tribunal or the procedure for payment of such expenses shall be borne in equal parts determined by the contracting parties. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersTribunal.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Technical Cooperation Agreement
Settlement of Disputes. between the contracting parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall, if as far as possible, be settled through diplomatic channels.
2. If any the dispute between the Contracting Parties cannot thus be settled within six months (6) It months following the date on which either Contracting Party requested such negotiations, it shall upon at the request of either Contracting Party, Party be submitted to an arbitral tribunalArbitral Tribunal.
3. Such an arbitral tribunal Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The Those two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunal. The Chairman shall be appointed within two four (24) months from the date of appointment of the other two members.
4. If the necessary appointments have not been made 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 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 is also prevented from discharging the function, the said member Member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. The decisions of the Tribunal shall be final and binding on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs of its own the member of the Tribunal appointed by that Contracting Party and of its representation in the arbitral proceedings; the cost . Both Contracting Parties shall assume an equal share of the Chairman and costs of the remaining costs shall be borne in equal parts by the contracting partiesChairman, as well as any other costs. The Tribunal may, however, in its may make a different decision that a higher proportion of direct costs shall be borne by one regarding the sharing of the two contracting partiescosts. In all other respects, and this decision shall be binding on both contracting parties. the tribunal Arbitral Tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal Issues subject to dispute referred to in paragraph 1 of this Article shall make its decision on be decided in accordance with the basis provisions of this Agreement and any agreement in force between the two parties and generally recognised principles of international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedlaw.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between the contracting parties
11 . Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled through diplomatic channelsconsultation or negotiation.
22 . If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal of three members, in accordance with the provisions of this Article.
33 . Such an arbitral tribunal 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. The These two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed Chairman the Chair of the TribunalTribunal (hereinafter referred to as the "Chair"). The Chairman Chair shall be appointed within two (2) three months from the date of appointment of the other two members.
44 . If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is happens to be a national of either Contracting Party Party, or if he the President is otherwise prevented from discharging the said function, the Vice-Vice- President shall be invited to make the necessary appointments. if If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
55 . The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes.
6 . The Tribunal shall be binding issue its decision on both contracting partiesthe basis of respect for the law, the provisions of this Agreement, as well as of the universally accepted principles of international law.
7 . each Subject to other provisions made by the Contracting Parties, the Tribunal shall determine its procedure.
8 . Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator and of its representation in the arbitral proceedings; the cost of the Chairman Chair and the remaining costs shall be borne in equal parts by the contracting partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that may make a higher proportion of direct costs shall be borne by one different regulation concerning the costs.
9 . The decisions of the two contracting parties, Tribunal are final and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matterseach Contracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between a Contracting Party and an Investor of the contracting partiesother Contracting Party
1. Any dispute between under the Contracting Parties concerning the interpretation or application provisions of this Agreement shallAgreement, if possible, arising directly from an investment between one Contracting Party and an investor of the other Contracting Party shall be settled through diplomatic channelsamicably between themselves.
2. If any dispute between the Contracting Parties Lf such disputes cannot be settled according to the provisions of Paragraph (1) of this Article within six months four (6) 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 (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 (24) months from the date of appointment request in writing for settlement, then the investor concerned may submit, at his own choice, the dispute for settlement to:
a) The competent court of the host Contracting Party for decision; or
b) The International Center for the Settlement of Investment disputes established under the Convention on the settlement of Investment disputes between States and Nationals of other States of March 18, 1965 done in Washington, D.C., if this Convention applicable to the Contracting Parties; or
c) An Ad Hoc Arbitral Tribunal. Once the investor has Chosen one of the above mentioned ways of the settlement of dispute, he cannot follow the other two membersways.
43. If The Ad Hoc Arbitral Tribunal under paragraph (2) (c) shall be established as follows:
a) each Party to the dispute shall appoint one arbitrator, and the two arbitrators thus appointed, shall select by mutual - agreement a third arbitrator, who must be a citizen of a third country, and who shall act as the Chairman of the Tribunal. All the arbitrators must be appointed within two months from the date of notification by one Party to the other Party of its intention to submit the dispute to arbitration. b) if the periods specified in paragraph 3 of this article the necessary appointments (3) (a) herein above have not been maderespected, either Contracting Party mayParty, in the absence of any of other agreement, shall invite the President Secretary General or Vice-Secretary General of the International Permanent Court of Justice Arbitration at The Hague to make the necessary appointments. If c) the President is a national of either Contracting Party or if he is otherwise prevented from discharging Tribunal shall follow 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 is also prevented from discharging the function, the said member Arbitration rules of the United Nations Commission for International Court of Justice Trade Law (UNCITRAL), 1976. d) the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Ad Hoc Arbitral Tribunal shall reach its decisions by a majority of votes and vote. These decisions shall be final and legally binding on both contracting partiesupon the parties and shall, be enforced, in accordance with the International law or domestic law whichever is, favorable to the investor. each The decisions shall be taken in conformity with the provisions of this Agreement, the laws of the Contracting Party to the dispute and the principles of international law. Unless otherwise decided by the Tribunal, in accordance with special circumstances, each party to the dispute shall assume bear the costs of its own member of the Tribunal and cost of its representation in the arbitral proceedings; the cost of the Chairman arbitrators and the remaining costs shall be borne in equal parts by the contracting partiesparties to the dispute. The e) the Tribunal mayshall, howeverinterpret its award and give, in reasons and bases of its decision that a higher proportion at the request of direct costs either Party. Unless otherwise agreed by the Parties, the venue of arbitration shall be borne by one at the seat of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules Permanent Court of procedure for all other mattersArbitration at The Hague (The Netherlands).
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, if as far as possible, be settled through diplomatic channelsnegotiations between the Contracting Parties.
2. If any a dispute between the Contracting Parties cannot thus be settled within six months (6) It after the beginning of negotiations, it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunalArbitral Tribunal.
3. Such an arbitral tribunal Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two (2) three months of from the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. The Those two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunaltribunal. 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 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite request the President of the International Court of Justice in Haga to make the any necessary appointments. If the President is a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited requested to make the necessary appointments. if If the Vice- Vice-President is a national of either Contracting Party or if he too is also prevented from discharging the said function, the said member Member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited requested to make the necessary appointments.
5. The arbitral tribunal shall reach determines its decisions own procedure. The Arbitral Tribunal reaches its 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 reaches its decision by a majority of votes and votes. Such decisions shall be final and binding on both contracting partiesContracting Parties.
6. each Contracting Each Cnontracting Party shall assume bear the costs cost of its own member of the Tribunal tribunal 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between the contracting parties
1. Any In the event of a dispute between the Contracting two or more Parties concerning the interpretation or application of this Agreement the present Convention, the Parties concerned shall, if possiblein the absence of an applicable agreement between them, be settled through diplomatic channelsseek a settlement of the dispute by peaceful means in accordance with the following provisions.
2. If any dispute between the Contracting Parties concerned cannot be settled within six months (6) It shall upon reach agreement by negotiation requested by one of them, they may jointly seek the good offices of, or request mediation or conciliation by, a third party, or make use, as appropriate, of either Contracting Party, be submitted any joint watercourse institutions that may have been established by them or agree to an arbitral tribunalsubmit the dispute to arbitration or to the International Court of Justice.
3. Such an arbitral tribunal shall be constituted for each individual case in Subject to the following way. Within two (2) operation of paragraph 10, if after six months of from the receipt time of the request for arbitrationnegotiations referred to in paragraph 2, each Contracting Party the Parties concerned have not been able to settle their dispute through negotiation or any other means referred to in paragraph 2, the dispute shall appoint one member be submitted, at the request of any of the Tribunal. The two members shall then select a national of a third Stateparties to the dispute, who on approval by to impartial fact-finding in accordance with paragraphs 4 to 9, unless 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 membersotherwise agree.
4. If within Fact-finding Commission shall be established, composed of one member nominated by each Party concerned and in addition a member not having the periods specified in paragraph 3 of this article the necessary appointments have not been made, either Contracting Party may, in the absence nationality of any other agreement, invite the President of the International Court of Justice to make Parties concerned chosen by 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 nominated members who shall be invited to make the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointmentsserve as Chairman.
5. The arbitral tribunal shall reach its decisions If the members nominated by the Parties are unable to agree on a majority of votes and shall be binding on both contracting parties. each Contracting Party shall assume the costs of its own member Chairman within three months of the Tribunal and of its representation in request for the arbitral proceedings; the cost establishment of the Commission, any Party concerned may request the Secretary-General of the United Nations to appoint the Chairman and who shall not have the remaining costs shall be borne in equal parts by nationality of any of the contracting partiesparties to the dispute or of any riparian State of the watercourse concerned. The Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by If one of the two contracting partiesParties fails to nominate a member within three months of the initial request pursuant to paragraph 3, and this decision any other Party concerned may request the Secretary-General of the United Nations to appoint a person who shall be binding on both contracting partiesnot have the nationality of any of the parties to the dispute or of any riparian State of the watercourse concerned. the tribunal The person so appointed shall determine its own rules of procedure for all other mattersconstitute a single-member Commission.
6. The Commission shall determine its own procedure.
7. The Parties concerned have the obligation to provide the Commission with such information as it may require and, on request, to permit the Commission to have access to their respective territory and to inspect any facilities, plant, equipment, construction or natural feature relevant for the purpose of its inquiry.
8. The Commission shall adopt its report by a majority vote, unless it is a single-member Commission, and shall submit that report to the Parties concerned setting forth its findings and the reasons therefore and such recommendations as it deems appropriate for an equitable solution of the dispute, which the Parties concerned shall consider in good faith.
9. The expenses of the Commission shall be borne equally by the Parties concerned
10. When ratifying, accepting, approving or acceding to the present Convention, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute not resolved in accordance with paragraph 2, it recognizes as compulsory ipso facto and without special agreement in relation to any Party accepting the same obligation:
(a) Submission of the dispute to the International Court of Justice; and/or
(b) Arbitration by an arbitral tribunal shall established and operating, 'unless the parties to the dispute otherwise agreed, in accordance with the procedure laid down in the annex to the present Convention. A Party which is a regional economic integration organization may make its decision on the basis of this Agreement and any agreement a declaration with like effect in force between the two parties and international law relation to arbitration in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedaccordance with subparagraph (b).
Appears in 1 contract
Samples: Kosi Project Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
(1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, if as far as possible, be settled through diplomatic channelsamicable negotiations.
(2. ) If any a dispute between the Contracting Parties according to paragraph (1) cannot be settled within six months (6) It it shall upon the request of either Contracting Party, 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 (2) months of the receipt of the request for arbitration, ad hoc as follows: each Contracting Party shall appoint one member of the Tribunal. The and these two members shall then select agree upon a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman of the TribunalState as their chairman. The Chairman Such members shall be appointed within two (2) months from the date of appointment of one Contracting Party has informed the other Contracting Party, that it intends so submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within two membersfurther months.
(4. ) If within the periods specified in paragraph 3 of this article the necessary appointments have (3) 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 the necessary appointments. 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 or in case of his inability the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party shall next in seniority should be invited under the same conditions to make the necessary appointments.
(5. ) The tribunal shall establish its own rules of procedure.
(6) The arbitral tribunal shall reach its decisions decision in virtue of the present Agreement and pursuant to the generally recognized rules of international law. It shall reach its decision by a majority of votes and votes; the decision shall be binding on both contracting parties. each final and binding.
(7) Each Contracting Party shall assume bear the 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 contracting partiesboth Contracting Parties. The Tribunal tribunal may, however, in its decision that a higher proportion award determine another distribution of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting partiescosts. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.ARTICLE 10
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this the Agreement shall, if possible, be settled through consultation or diplomatic channels.
2. If any dispute between the Contracting Parties cannot be settled within six months (6) It shall upon months, it shall, at the request of either Contracting 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 two (2) months from the date of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. The These two members shall then select a national of a third State, who on approval by of the two Contracting Parties shall be appointed Chairman of the Tribunaltribunal. 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 Article the necessary appointments have not been made, a request shall 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 the 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-Vice- President shall be invited to make the necessary appointments. if If the Vice- Vice-President also is a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest 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 and votes. Such decision shall be binding on both contracting partiesContracting Parties.
6. each Each Contracting Party shall assume bear the 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 partiesboth Contracting Parties. The Tribunal tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting partiesContracting Parties. the The arbitral tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Settlement of Disputes. The parties hereto shall endeavour to settle amicably all disputes or differences between the contracting parties
1. Any dispute between the Contracting Parties concerning the interpretation or application them arising out of this Framework Agreement shall, if possible, be settled through diplomatic channels.
2or in connection therewith. If any the dispute between the Contracting Parties or difference cannot be settled within six months (6) It amicably settled, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunal.
3. Such arbitration by an arbitral tribunal (herein called the "Arbitral Tribunal") as hereinafter provided:
(a) Arbitration proceedings shall be constituted for each individual case in instituted by a notice given by the following way. Within two complainant party to the respondent party.
(2b) months The Arbitral Tribunal shall consist of three arbitrators appointed as follows: one by the claimant party, a second by the respondent party and the third (herein called the "Umpire") by agreement of the receipt two arbitrators. If within thirty (30) days after notice of the request for arbitrationinstitution of arbitration proceedings the respondent party fails to appoint an arbitrator, each Contracting Party shall appoint one member of the Tribunal. The two members shall then select a national of a third State, who on approval by the two Contracting Parties such arbitrator 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 of this article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite by the President of the International Court of Justice to make upon the necessary appointmentsrequest of the party instituting the proceedings. If the President is a national two arbitrators fail to agree on the Umpire within sixty (60) days after the date of either Contracting Party or if he is otherwise prevented from discharging the said functionappointment of the second arbitrator, the Vice-President such Umpire shall be invited to make appointed by the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice Justice.
(c) The Arbitral Tribunal shall convene at the oldest who is not a national time and place fixed by the Umpire. Thereafter, it shall determine where and when it shall sit. The Arbitral Tribunal shall determine all questions of either Contracting Party procedure and questions relating to its competence.
(d) All decisions of the Arbitral Tribunal shall be invited reached by majority vote. The award of the Tribunal, which may be rendered even if one party defaults, shall be final and binding on both parties to make the necessary appointmentsarbitration proceedings.
5. (e) Service of any notice of process in connection with any proceedings under this Section or in connection with any proceedings to enforce any award rendered pursuant to this Section shall be made in the manner provided in the relevant provisions of this Framework Agreement pertaining to notices required or permitted to be given or made hereunder.
(f) The law to be applied by the arbitral tribunal shall reach its decisions by a majority of votes and be public international law.
(g) The Arbitral Tribunal shall be binding decide on both contracting parties. each Contracting Party shall assume the costs of its own member of the Tribunal and of its representation manner in the arbitral proceedings; which 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 that a higher proportion of direct costs arbitration shall be borne by one either or both parties to the dispute. DONE on [ November, 2001] in two (2) copies each in the English and Slovak languages, both texts being equally authentic. In the event of any dispute or divergence of interpretation in relation to this Framework Agreement the English text shall prevail. THE SLOVAK REPUBLIC By: /S/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Minister of Economy EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT By: /S/Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Vice President Article 1. This Indemnity Agreement is entered into by the parties to it in accordance with Section 7.2 of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other matters.
6. The arbitral tribunal shall make its decision on the basis of this Framework Agreement and any agreement in force dated [ November 2001] between the two parties European Bank for Reconstruction and international law Development and the Slovak Republic (hereinafter referred to as the "Framework Agreement"). Unless otherwise defined in general and take into accountthis Agreement, as appropriate, capitalised terms shall have the domestic law of meaning ascribed to them in the Contracting Party where the investment concerned is locatedFramework Agreement.
Appears in 1 contract
Samples: Framework Agreement
Settlement of Disputes. between the contracting partiesStates
(1. Any dispute ) Disputes between the Contracting Parties contracting States concerning the interpretation or application of this Agreement shall, if as far as possible, be settled by the Governments of the two contracting States through diplomatic channels.
(2. ) If any a dispute between the Contracting Parties cannot be settled within six months (6) It in this manner, it shall upon be submitted to an arbitral tribunal at the request of either Contracting Partyone of the two contracting States.
(3) The arbitral tribunal shall be constituted ad hoc; each contracting State shall appoint one member, and these two members shall agree upon a national of a third State as their chairperson, to be submitted appointed by the Governments of the two contracting States. The members shall be appointed within two months, and the chairperson within three months from the date on which one of the contracting States has notified the other contracting State that it intends to submit the dispute to an arbitral tribunal.
3. Such an arbitral tribunal shall be constituted for each individual case in (4) If the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 (2) months from the date of appointment of the other two members.
4. If within the periods time limits specified in paragraph 3 of this article the necessary appointments above have not been madeobserved, either Contracting Party contracting State may, in the absence of any other agreementarrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party one of the contracting States or if he or she is otherwise prevented from doing so, the Vice- President shall make the necessary appointments. If the Vice-President is also a national of one of the contracting States or is also 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 is also prevented from discharging the function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party contracting State shall be invited to make the necessary appointments.
(5. ) The arbitral tribunal shall reach its decisions by a majority of votes and votes. Its decisions shall be binding on both binding. Each contracting parties. each Contracting Party State shall assume bear the costs cost of its own member of the Tribunal and of its representation representatives in the arbitral proceedings; the cost of the Chairman chairperson and the remaining other costs shall be borne in equal parts by the two contracting partiesStates. The Tribunal mayarbitral tribunal may make a different regulation concerning costs. In all other respects, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the arbitral tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Agreement on the Mutual Promotion and Protection of Investments
Settlement of Disputes. between the contracting partiesContracting Parties
(1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this the Agreement shall, if possible, be settled through diplomatic channels.
2. If any dispute negotiations between the Contracting Parties Parties.
(2) If the dispute cannot thus be settled within six months (6) It from the start of the negotiations, it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
(3. Such an arbitral tribunal ) The Arbitral Tribunal shall be constituted for each individual case in the following way. : Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The These two members shall then select a national of a third 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) three months from the date of appointment of the other two members.
(4. ) If within the periods specified in paragraph 3 (3) of this article Article the necessary appointments have not been made, a request may be made by either Contracting Party may, in to the absence of any other agreement, invite the President president of the International Court of Justice to make the necessary such appointments. If the President is he happens to be a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vicevice-President president shall be invited to make the necessary appointments. if If the Vice- President is vice-president also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5. ) The arbitral tribunal Arbitral Tribunal shall determine its own procedure and shall reach its decisions decision by a majority of votes on the basis of the provisions of this Agreement and the principles and rules of international law. Such decision shall be final and binding on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator and of its representation counsel 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 that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersContracting Parties.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, if possible, be settled through diplomatic channels.
2. If any the dispute between the Contracting Parties cannot thus be settled settled, within six months (6) It months it shall upon the request of either Contracting Party, Party be submitted to an 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 two (2) three months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunaltribunal. The Those two members shall then select a national of a third State, State who on approval by the two Contracting Parties shall be appointed Chairman of the Tribunaltribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members.
4. If the necessary appointments have not been made 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 Secretary-General of the International Permanent Court of Justice Arbitration to make the necessary appointments. If the President Secretary-General 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 is also prevented from discharging the function, the said member official of the International Permanent Court of Justice the oldest Arbitration next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
5. The arbitral tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesContracting Parties. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitral tribunal and of its representation in the arbitral proceedingsproceeding; the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting partiesContracting Parties. The Tribunal arbitral tribunal may, however, in its decision direct that a higher proportion of direct costs shall be borne by one of the two contracting partiesContracting Parties, and this decision award shall be binding on both contracting partiesContracting Parties. the The arbitral tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement
Settlement of Disputes. between the contracting partiesContracting Parties
1. ) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shallthe present Agreement, if possible, be settled through diplomatic channels.
2. If any dispute between the Contracting Parties which cannot be settled within six months (6) It shall upon a reasonable lapse of time by means of diplomatic negotiations, shall, unless the Parties have otherwise agreed, be submitted, at the request of either Contracting Party, be submitted to an arbitral tribunal.
3, composed of three members. Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Each Party shall appoint one member of arbitrator and the Tribunal. The two members arbitrators thus appointed shall then select together appoint a third arbitrator as their chairman who is not a national of a third State, who on approval by the two Contracting Parties shall be appointed Chairman either Party.
2) If one of the Tribunal. The Chairman shall be appointed Parties fails to appoint its arbitrator and has not proceeded to do so within two (2) months after an invitation from the date of appointment of other Party to make such appointment, 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 latter Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to make the necessary appointments. appointment.
3) If the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the third arbitrator, either Party may invite the President of the International Court of Justice to make the necessary appointment.
4) If, in the cases provided for in the paragraphs (2) and (3) of this Article, the President of the International Court of Justice is prevented from discharging the said function or is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionParty, the Vice-Vice- President shall be invited to make the necessary appointments. if If the Vice- President is prevented from discharging the said function or is a national of either Contracting Party or if he is also prevented from discharging the function, the said most senior member of the International Court of Justice the oldest available who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5) The tribunal shall decide on the basis of respect for the law. Before the tribunal decides, it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably. The arbitral tribunal foregoing provisions shall reach its decisions by a majority of votes and shall be binding on both contracting parties. each Contracting Party shall assume the costs of its own member not prejudice settlement of the Tribunal and of its representation in dispute ex aequo et xxxx if the arbitral proceedings; Parties so agree.
6) Unless the cost of the Chairman and the remaining costs shall be borne in equal parts by the contracting parties. The Tribunal mayParties decide otherwise, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. 7) The arbitral tribunal shall make reach its decision by a majority of votes. Such decision shall be final and binding on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is locatedParties.
Appears in 1 contract
Samples: Investment Agreement
Settlement of Disputes. between the contracting parties
11 . Any dispute disputes which may arise between the Contracting Parties concerning parties relating to the interpretation or and application of this Agreement shall, if as far as possible, be settled amicably through diplomatic channels.
22 . If any In the event that the dispute between the Contracting Parties cannot be settled within six three months (6) It shall upon from the date on which one of the Contracting Parties notifies, in writing, the other Contracting Party, the dispute shall, at the request of either Contracting Partyone of them, be submitted to laid before an arbitral tribunalad hoc Arbitration Tribunal as provided in this Article.
33 . Such an arbitral tribunal The Arbitration Tribunal shall be constituted for each individual case in the following way. Within manner: within two (2) months of from the receipt of the request for arbitration, each Contracting Party shall appoint one a member of the Tribunal. The These 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 TribunalThird State to act as Chairman. The Chairman shall be appointed within two (2) three months from the date of appointment of on which the other two membersmembers are appointed.
44 . If the appointments have not been agreed within the periods specified in time provided by paragraph 3 of this article the necessary appointments have not been madeArticle, either of the Contracting Party mayParties, in the absence default of any other agreementarrangement, invite may apply to the President of the International Court of Justice to make the necessary appointmentsappointments within three months. If In the event that the President is of the Court in a national of either one of the Contracting Party Parties or if he is otherwise prevented from discharging the said function, the application shall be made to the Vice President of the Court. If the Vice-President of the Court is a national of one of the Contracting Parties or he is equally prevented from discharging the said function for any reason, the most senior member of the International Court of Justice, who is not a national of one of the Contracting Parties, shall be invited to make the necessary appointments. if the Vice- President is a national of either Contracting Party or if he is also prevented from discharging the function, the said member of the International Court of Justice the oldest who is not a national of either Contracting Party shall be invited to make the necessary appointments.
55 . The arbitral tribunal Arbitration Tribunal shall reach rule with a majority vote, and its decisions by a majority of votes and shall be binding on both contracting partiesbinding. each Both Contracting Party Parties shall assume pay the costs of its their own member of the Tribunal arbitrator and of its representation in their own costs at the arbitral proceedings; the cost of the Chairman hearings. The President's costs and the remaining any other costs shall be borne in equal parts by divided equally between the contracting partiesContracting Parties. The Arbitration Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine lay down its own rules of procedure for all other mattersprocedures.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Settlement of Disputes. between the contracting partiesContracting Parties
1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, shall if possible, possible be settled through diplomatic channelsconsultation or negotiation.
2. If any the dispute between the Contracting Parties cannot be thus settled within six months (6) It months, it shall upon the request of either Contracting Party, be submitted to an arbitral tribunalArbitral Tribunal in accordance with the provisions of this Article.
3. Such an arbitral tribunal The Arbitral Tribunal shall be constituted for each individual case in the following way. Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the Tribunal. The 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 TribunalTribunal (hereinafter referred to as the "Chairman"). The Chairman shall be appointed within two (2) three months from the date of appointment of the other two members.
4. If within the periods specified in paragraph 3 of this article Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite a request may be made to the President of the International Court of Justice to make the necessary appointments. If the President is he happens to be a national of either Contracting Party Party, or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. if If the Vice- Vice-President is also happens to be a national of either Contracting Party or if he is also prevented from discharging the said function, the said member of the International Court of Justice the oldest next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. The arbitral tribunal Arbitral Tribunal shall reach its decisions decision by a majority of votes and votes. Such decision shall be binding on both contracting partiesbinding. each Each Contracting Party shall assume bear the costs cost of its own member of the Tribunal arbitrator 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 partiesboth Contracting Parties. The Arbitral Tribunal may, however, in its decision that a higher proportion of direct costs shall be borne by one of the two contracting parties, and this decision shall be binding on both contracting parties. the tribunal shall determine its own rules of procedure for all other mattersprocedure.
6. The arbitral tribunal shall make its decision on the basis of this Agreement and any agreement in force between the two parties and international law in general and take into account, as appropriate, the domestic law of the Contracting Party where the investment concerned is located.
Appears in 1 contract
Samples: Investment Protection Agreement