Dispute Settlement between the Parties Clause Samples

The Dispute Settlement between the Parties clause establishes the procedures that the parties must follow to resolve disagreements arising from their agreement. Typically, this clause outlines steps such as negotiation, mediation, or arbitration before resorting to litigation, and may specify timelines, forums, or governing rules for these processes. Its core function is to provide a clear, structured method for addressing conflicts, thereby minimizing uncertainty and reducing the likelihood of protracted or costly legal disputes.
Dispute Settlement between the Parties. 1. If the dispute is not resolved by the procedure described in Article 19, it shall be submitted to arbitration mechanisms between States at the request of either Party. A Party may refuse to arbitrate on an investment issue by a national of that Party or a national of a country with whom it does not maintain diplomatic relations. 2. The purpose of arbitration is to re-establish compliance with the Arrangement with the measure alleged to be in violation of the Arrangement by the arbitral award. However, the Parties may agree to allow arbitrators to consider the existence of dances caused by the disputed measure and to provide compensation for such damages in the award. If the award provides for the payment of monetary compensation, the receiving State shall transfer it to the holders of rights in respect of the investment in question, after reimbursement of the expenses of the dispute, in accordance with the respective internal procedures of each Party. 3. This Article shall not apply to any dispute regarding the fact that it has occurred, nor to any action taken before the entry into force of this Agreement. 4. The Parties may choose by mutual agreement to use another investment dispute settlement mechanism or to set up a specific arbitration panel for the dispute. 5. In the event that a specific arbitration panel is constituted for each dispute, within two (2) months after receiving the request for arbitration through diplomatic channels, each Party shall appoint a member of the Arbitral Tribunal. The two members shall designate a third-country national who, after approval by both Parties, shall be appointed President of the Arbitral Tribunal. The president shall be appointed within two (2) months of the appointment of the two other members of the Arbitral Tribunal. 6. If, within the time limits specified in paragraph 5 of this Article, the necessary appointments have not been made, either Party may request 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 one of the Parties or is prevented from exercising that function, the Deputy President will be invited to make the necessary appointments. If the Vice-President of the International Court of Justice is a national of one of the Parties or is prevented from exercising that function, the most senior member of the International Court of Justice who is not a national of either Party shall be invite...
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Dispute Settlement between the Parties. 1. Disputes between the Parties concerning the interpretation or application of this Agreement shall primarily be resolved through mutual consultations and negotiations. 2. If the dispute is not resolved in this manner within six months after the date of its origin, then, at the request of any Party, it will be put to arbitration in accordance with the provisions of this Article. 3. The Arbitral Tribunal shall be constituted for each individual case in the following manner. two months of receipt of a written request for arbitration, each Party shall appoint one member of the court. The two members will be elected in a third country national who, with the approval of the Parties shall be appointed Chairman of the Tribunal (the president). Chairman shall be appointed within three months after the appointment of the other two members. 4. If the necessary appointments are not made within the time prescribed in paragraph 3 of this Article, but in the absence of the agreement, each party may invite the President of the International Court of Justice to make the necessary appointments. If he is a citizen of a Party or otherwise prevented from discharging the said function, the Vice President will be invited to make the necessary appointments. If the latter is also a Party or any other reason can not fulfill this function, then make the necessary appointments will be invited to the UN International Court of Justice next in seniority member who is not a citizen and is not normally able to perform this function. 5. The arbitral tribunal shall adopt its decisions by majority vote. These decisions will be binding for each party. Each party will bear its own member and of its representation in the arbitration proceedings costs, the president and other costs would be of equal size. The Arbitral Tribunal shall determine its own procedure.
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Dispute Settlement between the Parties. 1 Disputes between the Parties concerning the interpretation or application of this Agreement shall, if necessary, be resolved through diplomatic means.
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Dispute Settlement between the Parties. Any dispute between the Parties concerning the interpretation or application of this Agreement should, if possible, be settled amicably through consultations and negotiations between the Parties to the dispute. If such dispute cannot be settled, it shall, upon the request of either Party, be referred to arbitration on such terms and conditions as both Parties may agree.
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Dispute Settlement between the Parties. 1. Any dispute arising between the Parties in respect of the interpretation or application of this Agreement shall be settled, if possible, in a friendly manner, through consultations or negotiations. 2. If a dispute can not be resolved within six months of the date on which one Contracting Party has sent a notice to the other Contracting Party, the dispute shall, at the request of one of the Contracting Parties, be sent to an ad hoc arbitration tribunal as provided for in this Article. 3. The arbitral tribunal shall be established within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator. The President will be appointed within three months from the date of the appointment of two arbitrators. 4. If such appointments are not made during the periods specified in paragraph 3 of this Article, both Parties and the other Contracting Party may, in the absence of any other arrangement, invite the President of the International Court of Justice to perform these appointments. If the President is a national of either of the Contracting Parties or if he is prevented from performing other appointments for some other reason, the Vice-President shall be asked to do so. If the Vice-President is a national of one of the Contracting Parties or if he is otherwise prevented from performing the appointment, following the seniority of a member of the International Court of Justice, who is not a national of either Contracting Party, he shall be required to make appointments. 5. The arbitral tribunal shall issue judgments by a majority of votes, and its judgments shall be binding. Each Contracting Party shall bear the costs of its own arbitrator and its participation in the work of the court. The expenses of the President and all other costs of the Contracting Party shall be borne equally. The arbitral tribunal will determine its own rules of court proceedings.
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Related to Dispute Settlement between the Parties

  • Settlement of Disputes between the Parties 1. Any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channel. 2. If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, each Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal. 4. If the arbitral tribunal has not been constituted within 4 months from the receipt of the written notice requesting arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Parties. The arbitral tribunal shall, upon the request of either Party, explain the reasons of its award. 7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Parties.

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • Disputes between the Parties (1) Disputes between the Parties concerning the interpretation or application of this Agreement shall, if possible, be amicably settled through consultation. (2) If a dispute between the Parties cannot thus be settled within a period of six months, it shall upon the request of either Party be submitted to an arbitral tribunal. (3) Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who on approval by the Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4) If within the periods specified in paragraph (3) of this article the necessary appointments have not been made, either Party may, in the absence of any other agreement, invite the Chairman of the International Court of Arbitration of the International Chamber of Commerce to make any necessary appointments. If the Chairman is a national of either Party or if he is otherwise prevented from discharging the said function, the Vice-Chairman shall be invited to make the necessary appointments. If the Vice-Chairman is a national of either Party or if he too is prevented from discharging the said function, the Member of the International Court of Arbitration of the International Chamber of Commerce next in seniority who is not a national of either Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its award by a majority of votes. Each Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral proceedings; the costs of the Chairman and remaining costs shall be borne in equal parts by the Parties. The tribunal may, however, in its award direct that a highter proportion of this costs shall be borne by one of the two Parties. The tribunal shall determine its own procedure. This award shall be final and binding on the Parties.

  • Settlement of Disputes between the Contracting Parties 1. Disputes between the Contracting Parties concerning the interpretation or application of this Agreement should, if possible, be settled through diplomatic channels. 2. If a dispute between the contracting Parties cannot thus be settled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. 3. Such as arbitral tribunal shall be constituted for each individual case in the following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one member of the tribunal. Those two members shall then select a national of a third State who an approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. 4. If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the vice- President is a national of either Contracting Party or if he too is prevented form discharging the said function, the members of the International Court of Justice next in seniority who is not a national of either Contracting Party Shall be invited to make the necessary appointments. 5. The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining cost shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its won procedure.

  • Settlement of disputes between the parties 1. Any dispute between the Parties concerning the interpretation or application of this Chapter shall, as far as possible, be settled with consultation through diplomatic channel. 2. If a dispute cannot thus be settled within 6 months, it shall, upon the request of either Party, be submitted to an ad hoc arbitral tribunal. 3. Such tribunal comprises of 3 arbitrators. Within 2 months of the receipt of the written notice requesting arbitration, each Party shall appoint one arbitrator. Those 2 arbitrators shall, within further 2 months, together select a national of a third State having diplomatic relations with both Parties who, upon approval by the Parties, shall be appointed as Chairman of the arbitral tribunal. 4. If the arbitral tribunal has not been constituted within 4 months from the receipt of the written notice requesting arbitration, either Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said functions, the Member of the International Court of Justice next in seniority who is not a national of either Party or is not otherwise prevented from discharging the said functions shall be invited to make such necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its award in accordance with the provisions of this Agreement and the principles of international law recognized by both Parties. 6. The arbitral tribunal shall reach its award by a majority of votes. Such award shall be final and binding upon both Parties. The arbitral tribunal shall, upon the request of either Party, explain the reasons of its award. 7. Each Party shall bear the costs of its appointed arbitrator and of its representation in arbitral proceedings. The relevant costs of the Chairman and tribunal shall be borne in equal parts by the Parties. 1. Any dispute between an investor of one Party and the other Party in connection with an investment in the territory of the other Party shall, as far as possible, be settled amicably through negotiations between the parties to the dispute. 2. If the dispute cannot be settled through negotiations within 6 months from the date on which the disputing investor requested for the consultation or negotiation in writing, and if the disputing investor has not submitted the dispute for resolution to the competent court (16) or any other binding dispute settlement mechanism (17) of the Party receiving the investment, it may be submitted to one of the following international conciliation or arbitration fora by the choice of the investor (18): (a) conciliation or arbitration in accordance with the International Center for Settlement of Investment Disputes (ICSID), under the Convention on the Settlement of Disputes between States and Nationals of Other States, done at Washington on March 18th, 1965; (b) conciliation or arbitration under the Additional Facility Rules of the International Centre for Settlement of Investment Disputes so long as the ICSID Convention is not in force between the Parties; (c) arbitration under the arbitration Rules of the United Nations Comission on International Trade Law; and (d) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules. For more clarity, the election of one dispute settlement fora shall be definitive and exclusive. 3. An arbitral tribunal established under paragraph 2 shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. 4. The disputing investor who intends to submit the dispute to conciliation or arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of its intent to do so at least 90 days before the claim is submitted. The notice of intent shall specify: (a) the name and address of the disputing investor; (b) the specific measures of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Chapter alleged to have been breached; (c) the waiver of the disputing investor from the right to initiate any proceedings before any of the other dispute settlement for referred to in paragraph 2 in relation to the matter under dispute; (d) conciliation or arbitration set forth in paragraph 2 which the disputing investor will choose; and (e) the relief sought and the approximate amount of expropriation claimed. 5. Notwithstanding paragraph 4, no claim may be submitted to conciliation or arbitration set forth in paragraph 2, if more than 3 years have elapsed since the date on which the disputing investor became aware, or should reasonably have become aware, of a breach of an obligation under this Chapter causing loss or damage to the disputing investor or its investment referred to in paragraph 1. 6. The arbitration award shall be final and binding upon both parties to the dispute. Both Parties shall commit themselves to the enforcement of the award.