Disputes between a Contracting Party and an Investor Sample Clauses

Disputes between a Contracting Party and an Investor. (1) Any dispute which may arise between an investor of one Contracting Party and the other Contracting Party in connection with an investment on the territory of that other Contracting Party shall be subject to negotiations between the parties in dispute. (2) If any dispute between an investor of one Contracting Party and the other Contracting Party continues to exist after a period of three months, investor shall be entitled to submit the case either to: (a) The International Centre for Settlement of Investment Disputes having regard to the applicable provisions of the Convention on the Settlement of Investment Disputes between States and Nationals of other States opened for signature at Washington D.C. on 18 March 1965, or in case both Contracting Parties have not become parties to this Convention, (b) An arbitrator or international ad hoc arb1 tral tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law. The parties to the dispute may agree in writing to modify these Rules. The arbitral awards shall be final and binding on both Parties to the dispute.Arbitration Rules of the United Nations Commission on International Trade Law. The parties to the dispute may agree in writing to modify these Rules. The arbitral awards shall be final and binding on both Parties to the dispute.

Disputes between a Contracting Party and an Investor of the other Contracting Party

Disputes between a Contracting Party and an Investor of the other Contracting Party (1) For the purpose of solving disputes with respect to investments between a Contracting Party and an investor of the other contracting party and without préju-dice of article 9 of this Agreement (disputes between contracting parties), consultations will take place between the parties concerned. (2) If these consultations do not resolve within six months of the request from the start, and if the investor concerned consents in writing, the dispute shall be submitted to the International Centre for Settlement of Investment diffé-rends) established by the Washington Convention of 18 March 1965 on the Settlement of Investment Disputes between States and Nationals of Other etats1.1. Each party may institute proceedings by addressing a request to that effect to the Secretary General of the Centre as provided for in article 28 and 36 of the Convention. where the parties disagree on whether conciliation or arbitration is the most appropriate procedure, the choice of the investor concerned. the Contracting Party which is a party to the dispute may, at any stage of the proceedings or enforcement of an award an examination of the fact that the investor has received pursuant to an insurance contract, compensation covering the whole or part of the damage incurred. (3) A company which is incorporated or constituted under the laws in force in the territory of a Contracting Party and which, before the birth of diffé-rend, was controlled by investors of the other Contracting Party, shall be treated as defined by the Washington Convention and in accordance with its article 25 (2) (b), as a company of the other contracting party. (4) Neither Contracting Party shall pursue through diplomatic channels any dispute referred to the Centre unless (a) The Secretary-General of the Centre or a conciliation commission or an arbitral tribunal decides that the dispute is not within the jurisdiction of the Centre; or (b) The other contracting party does not comply with the arbitral award.

Disputes between a Contracting Party and an Investor of the other Contracting Party (1) For the purpose of solving disputes with respect to investments between a Contracting Party and an investor of the other Contracting Party consultations will take place between the parties concerned with a view to solving the case amicably. (2) If these consultations do not result in a solution within six months from the date of request of settlement, the investor may submit the dispute for settlement to: (a) The International Centre for Settlement of Investment Disputes, (ICSID) provided for by the Convention on the Settlement of Investment Disputes between States and nationals of other States, opened for signature at Washington, on March 18, 1965 (hereinafter the "Convention"); or (b) An ad hoc tribunal which, unless otherwise agreed upon by the parties to the dispute, shall be established under the arbitration rules of the United Nations Commission on International Law (UNCITRAL). (3) Each Contracting Party hereby consents to the submission of an investment dispute to international conciliation or arbitration. (4) The Contracting Party which is party to the dispute shall at no time whatsoever during the procedures assert as a defence its immunity or the fact that the investor has received compensation under an insurance contract covering the whole or part of the incurred damage or loss. (5) A company which has been incorporated or constituted according to the laws in force in the territory of one Contracting Party and which before a dispute arises was under the control of investors of the other Contracting Party shall, in accordance with Article 25 (2) (b) of the Convention, be treated as a company of the other Contracting Party. (6) Neither Contracting Party shall pursue through diplomatic channels a dispute submitted to the Centre, unless the other Contracting Party does not abide by and comply with the arbitral award.

Disputes between a Contracting Party and an Investor. (1) Any dispute which may arise between an investor of one Contracting Party and the other Contracting Party in connection with an investment in the territory of that other Contracting Party shall, as far as possible, be settled amicably. (2) If such dispute between an investor of one Contracting Party and the other Contracting Party continues to exist after a period of six months, the investor shall be entitled to submit the case either to: (a) International arbitration of the International Centre for Settlement of Investment Disputes established pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of other States opened for signature at Washington D.C. on 18 March 1965 (ICSID Convention), or (b) An arbitrator or international ad hoc arbitral tribunal established under the Arbitration Rules of the United Nations Commission on International Trade Law.

Disputes between a Contracting Party and an Investor of the other Contracting Party (1) For the purpose of solving disputes with respect to investments between a Contracting Party and an investor of the other contracting party and without prejudice to the provisions of article 10 of this Agreement (disputes between contracting parties), consultations will take place between the parties concerned. (2) If these do not resolve consultations within a period of twelve months, and if the investor concerned consents in writing, the dispute may be submitted to the International Arbitration Centre for Settlement of Investment Disputes (ICSID) established by the Washington Convention of 18 March 19651pour the Settlement of Investment Disputes between States and Nationals of Other etats.1pour the Settlement of Investment Disputes between States and Nationals of Other States. Each party may institute proceedings by addressing a request to that effect to the Secretary General of the Centre as provided for in articles 28 and 36 of the Convention. where the parties disagree on whether conciliation or arbitration is the most appropriate procedure, the choice of the investor concerned. the Contracting Party which is a party to the dispute may, at any stage of the proceedings or enforcement of an award an examination of the fact that the investor has received pursuant to an insurance contract, compensation covering the whole or part of the damage incurred. (3) A company which is incorporated or constituted under the laws in force in the territory of the Contracting Party and which, before the birth of diffé-rend, was controlled by nationals or companies of the other Contracting Party, shall be treated as defined by the Washington Convention and in accordance with article 25 (2) (b), as a company of the other contracting party. (4) Neither Contracting Party shall pursue through diplomatic channels any dispute referred to the Centre unless (a) The Secretary-General of the Centre or a conciliation commission or an arbitral tribunal decides that the dispute is not within the jurisdiction of that State; or (b) The other contracting party does not comply with the award rendered by an arbitral tribunal.

Disputes between a Contracting Party and an Investor. 1. All kinds of disputes between a Contracting Party and an investor of the other Contracting Party shall be settled amicably through consultations and negotiations. 2. If the Contracting Party and the said investor(s) cannot reach an agreement within six months after the beginning of the dispute, the latter shall, upon request of either the Contracting Party, subject to their relevant laws and regulations, or the investor(s), be submitted to an arbitral tribunal of three members. Each or the Contracting Party and the investor(s) shall appoint one arbitrator, and these two arbitrators shall nominate a chairman. 3. Either of the Contracting Party or the investor(s) who initiate arbitration shall appoint its arbitrator in the Request for Arbitration. If the Contracting Party or the investor(s) does not appoint its arbitrator within 30 days from the receipt of the request for arbitration, the said arbitrator shall be appointed upon the request of the Contracting Party or the investor(s) as the case may be, by the the Secretary General of the Permanent Court of Arbitration. 4. If the two arbitrators cannot reach an agreement within 60 days from the appointment of the second arbitrator about the choice of the chairman, the latter shall be appointed upon request of either Contracting Party or the investor(s) by the Secretary General of the Permanent Court of Arbitration. 5. The chairman of the arbitral tribunal shall be always a national of a third State having diplomatic relations with both Contracting Parties at the time of the appointment. 6. The arbitration shall be conducted according to UNCITRAL Rules. 7. The place of arbitration shall be determined by the Contracting Parties. If the parties do not reach an agreement within one (1) month from the appointment of the chairman, The Hague will be the final place of arbitration. 8. The decisions of the tribunal are final and binding on the Contracting Parties and the investor(s). 9. Neither Contracting Party shall pursue through diplomatic channels any matter referred to arbitration until the proceedings have terminated and a Contracting Party has failed to abide by or to comply with the award rendered by the tribunal.

Disputes between a Contracting Party and an Investor of the other Contracting Party 1. Any dispute concerning ≤ investments ≥ between an investor of one Contracting Party and the other Contracting Party, shall be the subject of a written notification, accompanied by an aide-memoire sufficiently detailed, by the most expeditious party. To the extent possible, the dispute shall be settled amicably between the parties to the dispute and otherwise by conciliation between the Contracting Parties through diplomatic channels. 2. If the dispute cannot thus be settled within six months from the date of notification, the investor may submit the dispute either to national jurisdiction of the Contracting Party in whose territory the ≥ equal investment has been made or to international arbitration. In the latter case, the dispute shall be submitted to one of the arbitral tribunals referred to below, at the choice of the investor: a) The International Centre for Settlement of Investment Disputes (ICSID), established by the Convention on the Settlement of Investment Disputes between States ≤ ≥ and nationals of other States, opened for signature at Washington, on 18 March 1965; b) An ad hoc tribunal which, unless the Parties decide otherwise, to the dispute will be constituted pursuant to the Arbitration Rules of the United Nations Commission on United Nations Commission on International Trade Law (UNCITRAL). To this end, each Contracting Party gives its anticipated and irrevocable consentent and that any dispute to arbitration. this consent implies that they shall waive the requirement of exhaustion of administrative or judicial remedies. 3. In the event of recourse to national jurisdictions, the investor may submit the dispute to international arbitration set out in paragraph 2 of this Article only if the competent court has not acted definitively before the expiration of a period of 18 months. 4. Neither of the Contracting Party, Party to the dispute raise objection shall not, at any stage of the arbitration proceedings or enforcement of an arbitration award, on account of the fact that the investor, opposing party to the dispute, be collected compensation covering the whole or part of its losses by virtue of an insurance policy or to the guarantee provided for in Article 7 of this Agreement. 5. The arbitration panel shall decide on the basis of the national law of the Contracting Party Party to the dispute, including the rules relating to conflicts of law, the provisions of this Agreement, the terms of the specific agre...

Disputes between a Contracting Party and an Investor. (1) Any legal dispute between an investor of one Contracting Party and the other Contracting Party concerning an investment of the former in the territory of the latter which has not been amicably settled during three months from written notification of a claim may, at the request of either party to the dispute, be submitted for settlement either to: a) The international Centre for Settlement of investment Disputes (hereinafter called "the Centre") having regard to the applicable provisions of the Convention on the Settlement of investment Disputes between States and Nationals of Other States opened for signature at Washington D.C. on 18 March 1965, in the event both Contracting Parties shall have become a party to this Convention; or b) An international ad hoc arbitral tribunal established under the Arbitration Rules of the United Nations Commission on international Trade Law as then in force. The parties to the dispute may agree in writing to modify these Rules. (2) Notwithstanding the provisions of paragraph (1) of this Article relating to the submission of the dispute to arbitration the investor shall have the right, to choose the conciliation procedure before the dispute is submitted for arbitration. (3) The arbitral awards shall be recognized and enforced by the Contracting Parties In accordance with the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Disputes between a Contracting Party and an Investor. 1. If any dispute arises between a Contracting Party and one or more investors relating to an investment(s), the Contracting Party and the investor (s) shall, in the first place, try to settle it by consultation and negotiation. 2. If the Contracting Party and the said Investor(s) can not reach an agreement within six months after written notification of settlement negotiations by one of the parties to the dispute, the latter shall, upon request of either Contracting Party, subject to its relevant laws and regulations , or the investor (s) , be submitted to an arbitraral tribunal of three members. Each of the Contracting Party and the investor (s) shall appoint one arbitrator , and these two arbitratiors shall nominate a chairman. 3. Either of the Contracting Party or the investor (s) who intiate arbitration shall appoint its arbitrator in the Request for Arbitration. If the Contracting Party or the investor (s) does not appoint its arbitrator within 30 days from the receipt of the request for arbitration, the said arbitrator shall be appointed upon the request of the Contracting Party or the investor (s), as the case may be , by the Secretary General of the Permanent Court of Arbitration. 4. If the two arbitrators can not reach an agreement, within 60 days from the appointment of the second arbitrator, about the choice of the chairman, the latter shall be appointed upon request of either the Contracting Party or the investor (s) by the Secretary General of the Permanent Court of Arbitration. 5. The chairman of the arbitraral tribunal shall always be a national of a third state having diplomatic relations with both Contracting Parties at the time of appointment. 6. The arbitration shall be conducted according to UNCITRAL Rules. 7. The place of arbitration shall be in Paris. 8. The decisions of the tribunal are final and binding upon the Contracting Party and the investor (s).