Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation. (2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members. (4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments. (5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 29 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosesettled, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 22 contracts
Sources: Investment Promotion and Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled through negotiationnegotiations between the Contracting Parties.
(2) If such a dispute between the Contracting Parties cannot thus be settled within six three months from the ist time the dispute arosebeginning 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. by : Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. 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 three months from the date of appointment of the other two members.
(4) If within any of the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too he, too, is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall apply the provisions of this Agreement, other Agreements concluded between the Contracting Parties, and the procedural standards called for by international law. It shall reach its decision by a majority of votes. Such decisions decision shall be final and binding on both Contracting Parties. The arbitral tribunal determines its own procedure.
(6) Each Contracting Party shall bear the cost of its own member of the 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 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 own procedures.
Appears in 17 contracts
Sources: Investment Protection Agreement, Investment Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic-channels.
(2) If a . if the dispute between the Contracting Parties cannot thus be settled within six months from months, following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Parly, it shall upon at the request of either Contracting Party Parly 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two four months from the date of appointment of the other two members.
(4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party oris 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 decision by a majority of votes. Such The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal member appointed by that Contracting Party and of its representation in the at tire arbitral proceedings; . Both Contracting Patties shall assume an equal share of the cost of the Chairman and Chairman, as well as other common costs. In all other respects, the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal Arbitral Tribunal shall determine its own proceduresrules of procedure.
Appears in 15 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel, which may include, if both Contracting Parties so desire, referral to a 3ilateral Commission composed of representatives of both Contracting Parties.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six 6 (six) months from notification of the ist time the dispute arosedispute, it shall 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. by Within : within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who who, on approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If . If, within the periods specified in paragraph (3) of this Article Article, the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President Chairman of the Court of Arbitration of the International Court Chamber of Justice Commerce in Paris (hereinafter: the "ICC") to make any necessary appointments. If the President Chairman is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member then one of the International Court of Justice next in seniority Vice- Chairmen who is not a national of either Contracting Party shall be invited to make the necessary appointments. If the Vice- Chairmen are nationals of either Contracting Party or are otherwise prevented from discharging the said function, then the member of the Court next in seniority who is not a national of either Contracting Party and is not otherwise prevented from discharging the said function, shall make the appointments.
(5) . The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 15 contracts
Sources: Investment Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from after the ist time the dispute arosebeginning of consultations, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice- President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 14 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel, which may include, if both Contracting Parties so desire, referral to a Bilateral Commission composed of representatives of both Contracting Parties.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six (6) months from notification of the ist time the dispute arosedispute, it shall 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. by : Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who who, on approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If . If, within the periods specified in paragraph (3) of this Article Article, the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court Chambre of Justice Commerce in Paris (hereinafter: the "ICC") 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice ICC 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 decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 12 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled through negotiationnegotiations between the Contracting Parties.
(2) If such a dispute between the Contracting Parties cannot thus be settled within six three months from the ist time the dispute arosebeginning 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. by : Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. 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 three months from the date of appointment of the other two members.
(4) If within any of the periods specified in paragraph (3) of this Article the necessary appointments have in 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 Vice-President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall apply the provisions of this Agreement, other Agreements concluded between the Contracting Parties, and the procedural standards called for by international law: It shall reach its decision by a majority of votes. Such decisions decision shall be final and binding on both Contracting Parties. The arbitral tribunal determines its own procedure.
(6) Each Contracting Party shall bear the cost of its own member of the 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 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 own procedures.
Appears in 12 contracts
Sources: Investment Agreement, Investment Protection Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) 1 — Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled by negotiations through negotiationdiplomatic channels.
(2) 2 — If a dispute between the Contracting Parties cannot thus be settled fail to reach such settlement within six months from after the ist time begining of negotiations, the dispute aroseshall, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal, in accordance with the provisions of this article.
(3) Such an 3 — The arbitral tribunal shall be constituted for ad hoc, as follows: each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party Parties shall appoint one its member of the tribunal. Those and these two members shall then select propose a national of a third State who on approval as chairman to be appointed by the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman members shall be appointed within two months and the chairman shall be appointed within three months from the date of appointment of on which either Contracting Party notifies the other two membersthat it wishes to submit the dispute to an arbitral tribunal.
(4) 4 — If within the periods deadlines specified in paragraph (3) 3 of this Article the necessary appointments have in article are not been madecomplied with, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is prevented from doing so, 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 the Vice Vice-President is also a national of either Contracting Party or if he too is prevented from discharging making the said functionappointments for any other reason, the Member appointments shall be made by the member of the International Court of Justice who is next in seniority and who is not a nota national of either Contracting Party Party.
5 — The chairman of the arbitral tribunal shall be invited to make the necessary appointmentsa national of a third State with which both Contracting Parties maintain diplomatic relations.
(5) 6 — The arbitral tribunal shall reach its decision by a rule according to majority vote. The decisions of votes. Such decisions the tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear be responsible for the cost costs of its own member of the tribunal and of its representation in representatives at the arbitral proceedings; the cost . Both Contracting Parties shall assume an equal share of the Chairman and the remaining costs shall be borne in equal parts expenses incurred by the Contracting Partieschairman, as well as any other expenses. The tribunal maymay make a different decision regarding costs. In all other respects, however, in its decision direct that a higher proportion of costs the tribunal court shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine define its own proceduresrules of procedure.
Appears in 10 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning Concerning the interpretation or and application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute negotiations between the Contracting Parties Parties. If such a dispute cannot thus be settled within six three months from the ist time the dispute arosebeginning of negotiation, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal.
(32) Such an arbitral tribunal shall be constituted for each individual case in the following way. by : Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. 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 three months from the date of appointment of the other two members.
(4) . If within any of the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too he, too, is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(53) The arbitral tribunal shall apply the provisions of this Agreement, other Agreements concluded between the Contracting Parties, and the procedural standards called for by international law. It shall reach its decision by a majority of votes. Such decisions decision shall be final and binding on both Contracting Parties. .
(4) Each Contracting Party shall bear the cost of its own member of the 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. .
(5) The arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine determines its own proceduresprocedure.
Appears in 10 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 10 contracts
Sources: Bipa Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as whenever possible, be settled amicably through negotiationconsultations.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosethrough consultations, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunalpanel for decision.
(3) Such an An arbitral tribunal panel shall be constituted for each individual case in the following waydispute. by Within two months of the after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one its member of to the tribunalarbitral panel. Those The two members shall then select a national of a third State who on who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunalarbitral panel. The Chairman shall be appointed within two months from the date of appointment of the other two membersmembers of the arbitral panel.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.
(5) The arbitral tribunal panel shall determine its own procedure. The arbitral panel shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision of the arbitral panel 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 bear the cost costs of its own member of the tribunal panel and of its representation in the arbitral proceedings; the cost of costs related to the Chairman and the any remaining costs shall be borne in equal parts equally by the Contracting Parties. The tribunal arbitral panel 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.
(7) The Contracting Parties shall, within 60 days of the decision of a panel, reach agreement on the manner in which to resolve their dispute. The tribunal Such agreement shall determine its own proceduresnormally implement the decision of the panel. If the Contracting Parties fail to reach agreement, the Contracting Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.
Appears in 9 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationnegotiations.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six months from (6) months, following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall upon at the request of either Contracting Party be submitted to an arbitral tribunalArbitral Tribunal constituted in accordance with this Article.
(3) . Such an arbitral tribunal Arbitral Tribunal shall be constituted for each individual case in the following way. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two four (4) months from the date of appointment of the other two members.
(4) . If within the periods specified in paragraph (3) paragraphs of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party 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 determine its own rules of procedure. The Arbitral Tribunal shall reach its decision on the basis of this Agreement and in accordance with international law applicable between the Contracting Parties. The Arbitral Tribunal shall reach its decision by a majority of votes. Such The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal member appointed by that Contracting Party ‘and of its representation in at the arbitral proceedings; the cost . Both Contracting Parties shall assume an equal share of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one cosi of the two Contracting PartiesChairman, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own proceduresas well as other common costs.
Appears in 9 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on 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 Agreement the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 8 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosesettled, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice- President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 8 contracts
Sources: Investment Promotion and Protection Agreement, Investment Protection Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationnegotiations between the Contracting Parties.
(2) If a the dispute between the Contracting Parties cannot thus be settled within a period of six months from following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall may 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. by Within : within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of arbitrator for the tribunal. Those two members arbitrators shall then select a national of a third State who on who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersarbitrators.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party and not prevented from discharging such functions shall be invited to make the necessary neccesary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of arbitrator to the 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 equally 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 on, and executed by, both Contracting Parties. The .
(6) Apart from the above, the tribunal shall determine its own proceduresprocedure.
Appears in 7 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes Any dispute between the Contracting Parties contracting parties concerning the interpretation or application implementation of this I Agreement should, shall as far as possible, be settled through negotiationdiplomatic channels.
(2) If a the dispute between the Contracting Parties cannot thus be settled in this way within six months from the ist time the dispute arosemonths, it shall upon be submitted to arbitration at the request of either of the Contracting Party be submitted to an arbitral tribunalParties.
(3) Such The Arbitral Tribunal (hereinafter referred to as the Tribunal "") shall be composed of three arbitrators, each party shall appoint one arbitrator and the third, who shall be the Chairman of the Tribunal and national of a third State, shall be appointed by mutual agreement between the contracting parties. such an arbitral tribunal shall be constituted for each individual case in the following waycase. by Within within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed arbitrator within two months from the date of appointment of the other two membersarbitrators, the Contracting Parties shall appoint the third arbitrator.
(4) If within In the periods specified in paragraph (3) of this Article event that the necessary appointments have in Tribunal has not been madeconstituted within four months after the date of receipt of the request for arbitration, either each Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointmentsappoint the arbitrator (s) / not yet appointed (s). If if the President is a national of either Contracting Party party contrac- tantes or if he it is otherwise prevented from discharging the said function, the Vice President shall be invited unable to make the necessary appointmentsappointment, the vice-president may be required to do so. If if the Vice Vice-President is a national of either Contracting Party party contractatnes or if he too is prevented from discharging the said functionunable to do so, the Member member of the International Court of Justice next in seniority Court, just after and who is not a national citizen of either Contracting Party shall the Parties contractan-tes, may be invited requested to make the necessary appointments, and so on.
(5) The arbitral tribunal shall reach take its decision by a majority of votes. Such decisions the decision of the arbitral tribunal shall be binding on both Contracting Partiesfinal and require the parties undertake to comply with the provisions of the sen-tence. Each each Contracting Party shall bear the cost of its own member of the tribunal arbitrator and of its representation counsel in the arbitral proceedings; arbitration proceedings and half the cost costs of the Chairman of the arbitral tribunal and other expenses. the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, Tribunal in its decision direct award may however decide that a higher proportion of costs shall be borne by one of the two Contracting Partiesparties, and this award require both parties.
(6) The above except for the Tribunal shall be binding on both Contracting Parties. The tribunal shall determine establish its own procedures.rules of procedure. Page
Appears in 6 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic channels.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six (6) months from following the ist time the dispute arosedate on which either Contracting Party requested such negotiations, it shall upon at the request of either Contracting 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. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two four (4) 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) 3 of this Article the necessary appointments have in not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party Part/ shall bear the cost of its own member costs of the tribunal member 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 costs of the Chairman, as well as any other costs. The Tribunal may make a different decision regarding the sharing of the costs. Jh all other respects, the Arbitral Tribunal shall detennine its own rules, of procedure.
6. Issues subject to dispute referred to in paragraph 1 of this Article shall be decided in accordance with die provisions of this Agreement and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion generally recognised principles 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 own proceduresinternational law.
Appears in 6 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic channels.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six (6) months from following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall upon shall, 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. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who who, on approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two four (4) 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) 3 of this Article the necessary appointments have in not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal member 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 mayTribunal may make a different decision regarding the sharing of costs. In all other respects, 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 Arbitral Tribunal shall determine its own proceduresrules of procedure.
6. Issues subject to dispute referred to in paragraph 1 of this Article shall be decided in accordance with the provisions of this Agreement and the generally recognised principles of international law.
Appears in 6 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiationnegotiations between the Contracting Parties.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from after the ist time the dispute arosebeginning of negotiations, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal.
(3) . Such an arbitral tribunal shall be constituted for each individual case in the following way. by :
(a) Within two three months of from the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those 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 months from the date of appointment of the other two members.
(4b) If within any of the periods specified in paragraph (3) of this Article above the necessary appointments have in 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 the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too he, too, is prevented from discharging the said function, the Member member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) 4. The arbitral tribunal shall reach determines its own procedure. The tribunal reaches its decision on the basis of the provisions of the present Agreement and of the general principles and rules of international law. The arbitral tribunal reaches its decision by a majority of votesvote. Such decisions decision shall be final and binding on both Contracting Parties.
5. Each Contracting Party shall bear the cost of its own member of the 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 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 own procedures.
Appears in 6 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, arbitration each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 lf the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 6 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International 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 decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 6 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic channels.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six (6) months from following the ist time the dispute arosedate on which either Contracting Party requested such negotiations, it shall upon at the request of either Contracting 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. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two four (4) 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) 3 of this Article the necessary appointments have in not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal member 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 Tribunal may make a different decision direct that a higher proportion of costs shall be borne by one regarding the sharing of the two Contracting Partiescosts. In all other respects, and this award shall be binding on both Contracting Parties. The tribunal the Arbitral Tribunal shall determine its own proceduresrules of procedure.
6. Issues subject to dispute referred to in paragraph 1 of this Article shall be decided in accordance with the provisions of this Agreement and the generally recognised principles of international law.
Appears in 6 contracts
Sources: Agreement on the Promotion and Protection of Investments, Investment Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its 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. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 5 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationdiplomatic channels.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosethrough diplomatic channels, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those 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 months from the date of appointment of the other two members.
(4) . If within the periods specified in paragraph (3) of this Article 3 herein the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) . The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be final and binding on both Contracting Parties. The tribunal shall determine its own proceduresprocedure.
Appears in 5 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning Party relating to the interpretation or application of this I Agreement shouldAgreement, as far as possible, be settled through the Contracting Parties shall in the first place try to settle it by negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time fail to reach a settlement of the dispute aroseby negotiation, it shall upon may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party 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. by Within two months of the manner:
(a) within thirty days after receipt of the a request for arbitration, each Contracting Party shall appoint one its 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 tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties , shall be appointed Chairman as the third arbitrator by agreement between the two arbitrators, within sixty days of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.second;
(4b) If if within the periods time limits specified in paragraph (3) of this Article the necessary appointments have in above any appointment has not been made, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice Justice, in a personal and individual capacity, to make any the necessary appointmentsappointment within thirty days. If the President considers that he is a national of a State which cannot be regarded as neutral in relation to the dispute, the most senior Vice-President 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 either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held no later than thirty days after the tribunal is fully constituted.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party or if he shall submit a memorandum within forty-five days after the tribunal is otherwise prevented from discharging the said function, the Vice President fully constituted. Replies shall be invited to make due sixty days later. The tribunal shall hold a hearing at the necessary appointments. If the Vice President is a national request of either Contracting Party, or at its discretion, within thirty days after replies are due.
(5) The tribunal shall give a written decision within thirty days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision shall be taken by a majority vote.
(6) The Contracting Parties may submit requests for clarification of the decision within fifteen days after it is received and such clarification shall be issued within fifteen days of such request.
(7) The decision of the tribunal shall be binding on the Contracting Parties.
(8) Each Contracting Party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President or if he too is prevented from discharging the said function, the Member Vice-President of the International Court of Justice next in seniority who is not a national implementing the procedures in paragraph 2(b) of either Contracting Party shall be invited to make the necessary appointmentsthis Article.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 5 contracts
Sources: Investment Agreement, Investment Promotion and Protection Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 or she 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 she too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 5 contracts
Sources: Investment Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic channels.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six (6) months from following the ist time the dispute arosedate on which either Contracting Party requested such negotiations, it shall upon at the request of either Contracting 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. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the 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) 3 of this Article the necessary appointments have in not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal member 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 Tribunal may make a different decision direct that a higher proportion of costs shall be borne by one regarding the sharing of the two Contracting Partiescosts. In all other respects, and this award shall be binding on both Contracting Parties. The tribunal the Arbitral Tribunal shall determine its own proceduresrules of procedure.
6. Issues subject to dispute referred to in paragraph 1 of this Article shall be decided in accordance with the provisions of this Agreement and the generally recognised principles of international law.
Appears in 5 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic channels.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six (6) months from following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall upon at the request of either Contracting 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. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two four (4) 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) 3 of this Article the necessary appointments have in not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal member 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 Tribunal may make a different decision direct that a higher proportion of costs shall be borne by one regarding the sharing of the two Contracting Partiescosts. In all other respects, and this award shall be binding on both Contracting Parties. The tribunal the Arbitral Tribunal shall determine its own proceduresrules of procedure.
6. Issues subject to dispute referred to in paragraph 1 of this Article shall be decided in accordance with the provisions of this Agreement and the generally recognised principles of international law.
Appears in 5 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled by negotiations through negotiationdiplomatic channels.
(2) . If a dispute between the Contracting Parties cannot thus be settled fail to reach such settlement within six (6) months from after the ist time beginning of negotiations, the dispute aroseshall, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal, established 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. by Within two months ad hoc, as follows: Each of the receipt of the request for arbitration, each Contracting Party Parties shall appoint one its member of the tribunal. Those and these two members shall then select propose a national of a third State who on approval State, with which both Contracting Parties have diplomatic relations, as chairman to be appointed by the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman members shall be appointed within two (2) months and the chairman shall be appointed within three (3) months from the date of appointment of on which either Contracting Party notifies the other two membersthat it wishes to submit the dispute to an arbitral tribunal.
(4) . If within the periods deadlines specified in paragraph (3) 3 of this Article the necessary appointments have in are not been madecomplied with, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is prevented from doing so, 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 the Vice Vice-President is also a national of either Contracting Party or if he too is prevented from discharging making the said functionappointments for any other reason, the Member appointments shall be made by the member of the International Court of Justice who is next in seniority and who is not a national of either Contracting Party Party.
5. The tribunal shall have three months from the date of the selection of the chariman to agree upon rules of procedure consistent with the other provisions of this Agreement. In the absense of such agreement, the tribunal shall request the President of the International Court of Justice to designate rules of procedure, taking into account generaly recognized rules of international arbitral procedure.
6. Unless otherwise agreed, all submissions shall be invited to make made and all hearings shall be completed within eight months of the necessary appointmentsdate of selection of the third arbitrator, and the tribunal shall render its decision within two months after the date of the final submissions or the date of the closing of the hearings, whichever is later.
(5) 7. The arbitral Arbitral Tribunal shall rule according to majority vote. The decisions of the tribunal shall reach its decision by a majority of votes. Such decisions shall be final and binding on both Contracting Parties. Each Contracting Party shall bear be responsible for the cost costs of its own member of the tribunal and of its representation in representatives at the arbitral proceedings; the cost . Both Contracting Parties shall assume an equal share of the Chairman and the remaining costs shall be borne in equal parts expenses incurred by the Contracting Partieschairman, as well as any other expenses. The tribunal may, however, in its may make a different 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 own proceduresregarding costs.
Appears in 5 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes . If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this I Agreement shouldAgreement, as far as possible, be settled through the Contracting Parties shall in the first place try to settle it by negotiation.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time fail to reach a settlement of the dispute aroseby negotiation, it shall upon may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party 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. by Within two months of the manner:
(a) within sixty days after receipt of the a request for arbitration, each Contracting Party shall appoint one its 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 tribunal. Those two members , shall then select a national of a be appointed as the third State who on approval arbitrator by agreement between the two Contracting Parties shall be appointed Chairman Parties, within sixty days of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.second;
(4b) If if within the periods time limits specified in paragraph (3) of this Article the necessary appointments have in above any appointment has not been made,, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice Justice, in a personal and individual capacity, to make any the necessary appointmentsappointment within thirty days. If the President considers that he is a national of a State which cannot be regarded as neutral in relation to the dispute, the most senior Vice-President 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 either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than thirty days after the tribunal is fully constituted.
4. Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party or if he shall submit a memorandum within forty five days after the tribunal is otherwise prevented from discharging the said function, the Vice President fully constituted. Replies shall be invited to make due sixty days later. The tribunal shall hold a hearing at the necessary appointments. If the Vice President is a national request of either Contracting Party Party, or if he too is prevented from discharging the said functionat its discretion,, the Member within thirty days after replies are due.
5. The tribunal shall attempt to give a written decision within thirty days after completion of the International Court of Justice next in seniority who hearing or, if no hearing is not a national of either Contracting Party held, after the date both replies are submitted. The decision shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision taken by a majority vote.
6. The Contracting Parties may submit requests for clarification of votes. Such decisions the decision within fifteen days after it is received and such clarification shall be issued within fifteen days of such request.
7. The decision of the tribunal shall be final and binding on both the Contracting Parties.
8. Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its representation in the arbitral proceedings; arbitration proceedings and half the cost costs of the Chairman President of the tribunal and the remaining costs shall be borne in equal parts costs, including any expenses incurred by the Contracting PartiesPresident or Vice-President of the International Court of Justice in implementing the procedures in paragraph 2(b) of this Article. The tribunal may, however, in its decision direct that a higher proportion of the costs shall be borne by one of the two Contracting Partiesparties, and this award decision shall be binding on both Contracting Parties. The tribunal shall determine its own procedures.
Appears in 5 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 5 contracts
Sources: Investment Protection Agreement, Bilateral Investment Treaty, Bilateral Investment Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement shouldAgreement, as far as possible, should be settled through negotiationthe diplomatic channels, which may include, if both Contracting Parties so desire, referral to a Bilateral Commission composed of representatives of both Contracting Parties or to conciliation.
(2) . If a dispute between the Contracting Parties according to paragraph 1 of this Article cannot thus be settled within six (6) months from the ist time the notification of this dispute aroseit may, 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. by Within : within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those The two members arbitrators shall then select a national of a third State who state on approval by of the two Contracting Parties Parties, and this person 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 . If, within the periods specified in paragraph (3) 3 of this Article Article, the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President Secretary General of the International Permanent Court of Justice Arbitration at the Hague (hereinafter: the âPCAâ) to make any necessary appointments. If the President Secretary General of the PCA is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, then the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member Deputy Secretary General of the International Court of Justice next in seniority PCA who is not a national of either Contracting Party shall be invited to make the necessary appointments.
5. Unless otherwise agreed, the arbitration shall be conducted in accordance with the UNCITRAL arbitration rules. Unless otherwise agreed, all submissions shall be made and all hearings shall be completed within six (56) months of the date of selection of the Chairman, and the arbitral panel shall render its written and reasoned decisions within two (2) months of the date of the final submissions or the date of the closing of the hearings, whichever is later.
6. The arbitral tribunal shall reach its decision by a majority of votesvote. Such decisions decision shall be binding on both Contracting Parties.
7. Each Contracting Party shall bear the cost of its own member of the 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 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 own procedures.
Appears in 5 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel, which may include, if both Contracting Parties so desire, referral to a Bilateral Commission composed of representatives of both Contracting Parties.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six (6) months from notification of the ist time the dispute arosedispute, it shall 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. by Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State, provided that State who maintains diplomatic relations with both Contracting Parties who, on approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If . If, within the periods specified in paragraph (3) of this Article Article, the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice Swiss Confederation 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice Swiss Confederation 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 decisions decision shall be binding on both the Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. 'The tribunal may, however, in its decision decision, direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, Parties and this award shall be binding on both Contracting Parties. The tribunal shall determine its own proceduresprocedure.
Appears in 5 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled through negotiation.
(2) direct and meaningful negotiations between the two Contracting Parties. If such a dispute between the Contracting Parties cannot thus be settled within six months from after the ist time the dispute arosecommencement of negotiations, it shall then, upon the request of either Contracting Party Party, the dispute shall be submitted to an arbitral tribunal.
(32) Such an arbitral tribunal shall be constituted for each individual case in the following way. by : Within two three months of from the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. 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 three months from the date of appointment of the other two members.
(4) . If within any of the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too he, too, is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(53) The arbitral tribunal shall issue its decisions on the basis of the provisions of this Agreement and of other agreements concluded and effective between the Contracting Parties, as well as on the general principles and rules of international law. The arbitral tribunal shall reach its decision decisions by a majority of votes. Such decisions votes and its decision shall be binding on both Contracting Parties. final and binding.
(4) Each Contracting Party shall bear the cost costs of its own member of the tribunal arbitrator and of its representation representations in the arbitral proceedings; the cost . The costs of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. .
(5) The tribunal shall determine its own proceduresprocedure.
Appears in 5 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this I Agreement shouldAgreement, the Contracting Parties shall as far as possible, be settled through possible settle it by negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled fail to reach a settlement of the dispute by negotiation within six months from the ist time the dispute arosemonths, it shall upon may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party 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. by Within two months of the manner:
(a) within thirty days after receipt of the a request for arbitration, each Contracting Party shall appoint one its 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 tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties , shall be appointed Chairman as the third arbitrator by agreement between the two arbitrators, within sixty days of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.second;
(4b) If if within the periods time limits specified in paragraph (3) of this Article the necessary appointments have in above any appointment has not been made, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice Justice, in a personal and individual capacity, to make any the necessary appointmentsappointment within thirty days. If the President considers that he is a national of either Contracting Party a State which cannot be regarded as neutral in relation to the dispute or if he is otherwise prevented from discharging the said unable to discharge this function, the Vice Vice-President or if he is likewise unable to discharge this function, the most senior member who is not disqualified on those grounds 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 either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be invited to make held not later than thirty days after the necessary appointmentstribunal 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 forty five days after the tribunal is fully constituted. If Replies shall be due sixty days later. The tribunal shall hold a hearing at the Vice President is a national request of either Contracting Party Party, or if he too is prevented from discharging the said functionat its discretion, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointmentswithin thirty days after replies are due.
(5) The tribunal shall attempt to give a written decision within thirty days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision shall be taken by a majority vote.
(6) The Contracting Parties may submit requests for clarification of the decision within thirty days after it is received and such clarification shall be issued within fifteen days of such request.
(7) The arbitral tribunal shall reach its decision by a majority on the basis of votesinternationally recognized rules of law. Such decisions The decision of the tribunal shall be final and binding on both the Contracting Parties. .
(8) Each Contracting Party shall bear the cost costs of the arbitrator appointed by it and of its own legal representation in the arbitration proceedings. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President, Vice- President or most senior member of the tribunal and International Court of its representation Justice in implementing the arbitral proceedings; the cost procedures in paragraph 2(b) of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Partiesthis Article. The tribunal may, however, in its decision direct that a higher proportion award determine another distribution 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 own procedurescosts.
Appears in 5 contracts
Sources: Investment Agreement, Investment Promotion and Protection Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled through negotiation.
(2) negotiations between the two Contracting Parties. If such a dispute between the Contracting Parties cannot thus be settled within six six(6) months from after the ist time the dispute arosecommencement of negotiations, it shall then, upon the request of either Contracting Party Party, dispute shall be submitted to an arbitral tribunal.
(32) Such an The arbitral tribunal shall be is constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each : Each Contracting Party shall appoint appoints one its member of arbitrator; the tribunal. Those two members shall then select arbitrators propose, by mutual agreement, to both Contracting Parties, a national Chairman who should be a citizen of a third State who on approval state, designated by the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman shall be arbitrators are appointed within two three(3) months and the Chairman within five(5) months from the date of appointment one of the Contracting Parties notified the other two members.
(4) that it intends to submit the dispute to an arbitral tribunal. If the arbitrators are not appointed within the periods specified in paragraph (3) of this Article agreed period, the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite failing to appoint its arbitrator agrees that he would be appointed by the President of the International Court of Justice to make any necessary appointmentsJustice. If the two Contracting Parties cannot reach agreement on the appointment of the Chairman, they also agree that he were appointed by the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointmentsJustice.
(53) The arbitral tribunal shall reach issue its decision decisions on the basis of the provisions of the present Agreement and of other similar agreements concluded by the Contracting Parties, as well as on the general principles and rules of international law, the arbitral tribunal reaches its decisions by a majority of votes. Such decisions votes and its decision shall be binding on both final and binding. Only the two Contracting Parties. Parties can submit suits to the arbitral tribunal and participate in the proceedings.
(4) Each Contracting Party shall bear bears the cost of its own member costs of the tribunal arbitrator it has appointed and of its representation representations in the arbitral proceedings; the cost . The costs of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. .
(5) The tribunal shall determine its own proceduresprocedure.
Appears in 5 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement Agreement, should, as far as if possible, be settled through negotiationthe diplomatic channel, which may include, if both Contracting Parties so desire, referral to a Bilateral Commission composed of representatives of both Contracting Parties.
(2) . If a dispute between the Contracting Parties according to paragraph 1 of this Article cannot thus be settled within six months (6) months, from the ist time the notification of this dispute aroseit shall, 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. by Within : within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who who, on approval by the two Contracting Parties 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 . If, within the periods period specified in paragraph (3) of this Article Article, the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President Secretary General of the International Permanent Court of Justice Arbitration at the Hague (hereinafter: the "PCA") to make any necessary appointments. If the President Secretary General of the PCA is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, then the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member Deputy Secretary General of the International Court of Justice next in seniority PCA 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 decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts party 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 own rule procedures.
Appears in 4 contracts
Sources: Investment Promotion and Protection Agreement, Investment Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation Interpretation or application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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 Individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in In paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in In the absence of any other agreement, invite 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 vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 4 contracts
Sources: Bilateral Investment Treaty, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this I Agreement shouldshall, as far as if possible, be settled through negotiationthe diplomatic channel.
(2) . If a dispute between the two Contracting Parties cando not thus be settled reach a settlement within six months from following the ist time date on which the dispute arose, it the dispute 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 wayconsisting of three members. by Within two months of the receipt of the request for arbitration, each Each Contracting Party shall appoint one its member of arbitrator and the tribunal. Those two members arbitrators thus appointed shall then select together appoint their chairperson, who shall be a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman State.
3. 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 months following 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 in 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 any the necessary appointmentsappointment.
4. If the two arbitrators are unable to reach agreement, in the two months following their appointment, on the choice of the chairperson, either Party may request the President of the International Court of Justice to make that appointment.
5. If, in the cases specified under paragraphs (3) and (4) of this article, 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 Party, the appointments shall be made by the Vice-President, and if the VicePresident is prevented from carrying out the said function or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said functionParty, the Member appointment shall be made by the most senior member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointmentsParty.
(5) The arbitral 6. Unless the Contracting Parties otherwise stipulate, the tribunal shall reach determine its decision by a majority own rules of votes. Such decisions shall be binding on both Contracting Partiesprocedure. Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its representation in to the arbitral proceedings; the cost . The costs of the Chairman Chairperson and the remaining other costs shall be borne in equal parts by the Contracting Parties, unless the arbitral tribunal otherwise decides.
7. The decisions of the tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, definitive and this award shall be binding on both each Contracting Parties. The tribunal shall determine its own proceduresParty.
Appears in 4 contracts
Sources: Agreement on Reciprocal Promotion and Protection of Investments, Agreement on Reciprocal Promotion and Protection of Investments, Agreement on Reciprocal Promotion and Protection of Investments
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through consultation or negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 the necessary appointments. If the President is a national of either Contracting 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 the Vice Vice-President is a national of either Contracting Party or if he the Vice-President too is prevented from discharging the said function, the Member member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision decisions by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 4 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Bilateral Investment Treaty
Disputes between the Contracting Parties. (1) Disputes . Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationnegotiations between the Governments of the two Contracting Parties.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within a period of six months from months, following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) . If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) . The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion proprotion 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 own proceduresprocedure.
Appears in 4 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) — Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled by negotiations through negotiationdiplomatic channels.
(2) — If a dispute between the Contracting Parties cannot thus be settled fail to reach such settlement within six months from after the ist time beginning of negotiations, the dispute aroseshall, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal, in accordance with the provisions of this article.
(3) Such an — The arbitral tribunal shall be constituted for ad hoc, as follows: each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party Parties shall appoint one its member of the tribunal. Those and these two members shall then select propose a national of a third State who on approval as chairman to be appointed by the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman members shall be appointed within two months and the chairman shall be appointed within three months from the date of appointment of on which either Contracting Party notifies the other two membersthat it wishes to submit the dispute to an arbitral tribunal.
(4) — If within the periods deadlines specified in paragraph (3) 3 of this Article the necessary appointments have in article are not been madecomplied with, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is prevented from doing so, or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments.
5— If the Vice-President is also a national of either Contracting Party or if he is otherwise prevented from discharging making the said functionappointments for any other reason, the Vice President appointments shall be invited to make made by the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member member of the International Court of Justice court who is next in seniority and who is not a national of either Contracting Party Party.
6— The chairman of the Arbitral Tribunal shall be invited to make the necessary appointmentsa national of a third State with which both Contracting Parties maintain diplomatic relations.
(5) 7— The arbitral tribunal shall reach its decision by a rule according to majority vote. The decisions of votes. Such decisions the tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear be responsible for the cost costs of its own member of the tribunal and of its representation in representatives at the arbitral proceedings; the cost . Both Contracting Parties shall assume an equal share of the Chairman and the remaining costs shall be borne in equal parts expenses incurred by the Contracting Partieschairman, as well as any other expenses. The tribunal maymay make a different decision regarding costs. In all other respects, however, in its decision direct that a higher proportion of costs the tribunal court shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine define its own proceduresrules of procedure.
Appears in 4 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldAgreement, the Contracting Party shall, as far as possible, be settled try to settle any such dispute through negotiationnegotiations.
(2) If such a dispute between the Contracting Parties cannot thus be settled within six months from the ist time beginning of the dispute arosedispute, it shall 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. by :
(a) Within two three months of upon the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. 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 three months from the date of appointment of the other two members.
(4b) If within any of the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too he, too, is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5c) The arbitral tribunal shall apply the provisions of this Agreement, other Agreements concluded between the Contracting Parties, and the procedural standards called for by international law. It shall reach its decision by a majority of votes. Such The arbitral tribunal shall determine its own procedure.
(d) The decisions shall be of the tribunal are final and binding on both upon the Contracting Parties. Parties to the dispute.
(e) Each Contracting Party shall bear the cost of its own member of the 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 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 own procedures.
Appears in 4 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes . Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as whenever possible, be settled amicably through negotiationconsultations.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosethrough consultations, it shall upon shall, at the request of either Contracting Party 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. by Within two months of the after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one its member of to the arbitral tribunal. Those The two members shall then select a national of a third State who on state who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the arbitral tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersmembers of the arbitral tribunal.
(4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in 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 the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision of the arbitral tribunal shall be rendered within six months of the appointment of the Chairman in accordance with paragraph 3 or 4 of this Article.
6. Each Contracting Party shall bear the cost costs of its own member of the arbitral tribunal and of its representation in the arbitral proceedings; the cost of costs related to the Chairman and the any remaining costs shall be borne in equal parts equally by the Contracting Parties. The arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedures.
Appears in 4 contracts
Sources: Investment Agreement, Investment Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as possible, be settled through negotiationnegotiations.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties parties shall be appointed as 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 in 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 party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 4 contracts
Sources: Bilateral Investment Treaty, Investment Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes . The settlement of disputes that arise between the Contracting Parties concerning contracting parties regarding the interpretation or and application of this I Agreement should, as far as if possible, be settled through negotiationdiplomatic channels.
(2) . If a the settlement of dispute between the Contracting Parties canwas not thus be settled resolved within six months from the ist time date of the request for such consultations or other diplomatic channels by either of the contracting states, and if the contracting party States did not agree to write, It is permissible for any of the contracting states to submit the dispute arose, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal.
(3) Such an Tribunal to be convened for this purpose in accordance with the following provisions of this article by a written notification to the other contacting state. The arbitral tribunal shall be constituted for each individual case in is composed of the following way. by following:
A. Within two months from the date of the receipt of the request for arbitrationrequest, each Contracting Party shall appoint designate one its member of the tribunal. Those two members Contracting Parties in the arbitration, and the latter shall then select choose a national citizen of a third State who on to be headed as a Chairman of the Arbitration Commission after the approval by the two Contracting Parties shall be appointed Parties, the mentioned Chairman of the tribunal. The Chairman shall must be appointed within two months from the date of appointment of the other two membersappointment.
(4) B. If within appointments didn't take place during the time periods specified limited in paragraph (3a) of this Article the necessary appointments have in not been made, either Contracting Party may, article and in the absence of any other agreementAgreement between the parties, any party may invite the President Chairman of the International Court of Justice to make any necessary appointments. If , and if the President Chairman is a national citizen of either any of the Contracting Party Parties or if he is otherwise prevented from discharging cannot complete the said functiontasks mentioned, the Vice President shall be invited is required to make take the necessary appointments. If the Vice President president is a national citizen of either Contracting Party any of the contracting parties, or if he too is prevented from discharging couldn't take the said functiontasks listed, the Member member of the International Court of Justice - next in seniority who and must not be a citizen of any of the contracting parties, is not a national of either Contracting Party shall be invited required to make take the necessary appointments.
(5) C. The arbitral tribunal shall reach take its decision decisions by a the majority of votes. Such , and such decisions shall be are binding on both Contracting Partiesfor the contracting parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal Arbitration Committee member appointed and of its representation represented in the arbitral proceedings; , the cost costs of the Chairman of the arbitration and the other remaining costs shall be borne in equal parts by equally shared between the Contracting Partiescontracting parties. The tribunal mayHowever, however, in its decision direct that a higher proportion of costs shall be borne by the Commission may decide to give one of the two Contracting PartiesParties the bulk of costs, and this award shall be decision is binding on both Contracting Partiesfor the parties. The tribunal shall arbitration itself determine its own procedures.
Appears in 4 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldAgreement, the Contracting Party shall, as far as possible, be settled try to settle any such dispute through negotiationnegotiations.
(2) If such a dispute between the Contracting Parties cannot thus be settled within six three months from the ist time beginning of the dispute arosedispute, it shall 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. by :
(a) Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. 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 three months from the date of appointment of the other two members.
(4b) If within any of the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too he, too, is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5c) The arbitral tribunal shall apply the provisions of this Agreement, other Agreements concluded between the Contracting Parties, and the procedural standards called for by international law. It shall reach its decision by a majority of votes. Such The arbitral tribunal determines its own procedure.
(d) The decisions shall be of the tribunal are final and binding on both upon the Contracting Parties. Parties to the dispute.
(e) Each Contracting Party shall bear the cost of its own member of the 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 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 own procedures.
Appears in 4 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this I Agreement shouldAgreement, as far as possible, be settled through the Contracting Parties shall in the first place try to settle it by negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time fail to reach a settlement of the dispute aroseby negotiation, it shall upon may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party 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. by Within two months of the manner:
(a) within thirty days after receipt of the a request for arbitration, each Contracting Party shall appoint one its 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 tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties , shall be appointed Chairman as the third arbitrator by agreement between the two arbitrators, within sixty days of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.second;
(4b) If if within the periods time limits specified in paragraph (3) of this Article the necessary appointments have in above any appointment has not been made, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice Justice, in a personal and individual capacity, to make any the necessary appointmentsappointment within thirty days. If the President considers that he is a national of a State which cannot be regarded as neutral in relation to the dispute, the Vice-President 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 either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than thirty days after the tribunal is fully constituted.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party or if he shall submit a memorandum within forty five days after the tribunal is otherwise prevented from discharging the said function, the Vice President fully constituted. Replies shall be invited to make due sixty days later. The tribunal shall hold a hearing at the necessary appointments. If the Vice President is a national request of either Contracting Party, or at its discretion, within thirty days after replies are due.
(5) The tribunal shall attempt to give a written decision within thirty days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision shall be taken by a majority vote.
(6) The Contracting Parties may submit requests for clarification of the decision within fifteen days after it is received and such clarification shall be issued within fifteen days of such request.
(7) The decision of the tribunal shall be binding on the Contracting Parties.
(8) Each Contracting Party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President or if he too is prevented from discharging the said function, the Member Vice-President of the International Court of Justice next in seniority who is not a national implementing the procedures in paragraph (2)(b) of either Contracting Party shall be invited to make the necessary appointmentsthis Article.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 4 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as if possible, be settled through negotiationthrought the diplomatic channel.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosesettled, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall determine its own procedure and shall reach its decision by a majority of votes. Such decisions decision shall be final and legally binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion percentage 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 own procedures.
Appears in 4 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as possible, be settled through negotiationnegotiations.
(2) If a the dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, arose 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those These two members shall then select a national of a third State who on upon approval by the two Contracting Parties shall be appointed Chairman 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 (Paragraph 3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own the member of the tribunal and of its representation in the arbitral proceedings; the cost costs of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 4 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as possible, be settled amicably through negotiation.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) . If within the periods specified in paragraph (3) of this Article Article, the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) . The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, Parties and this award shall be binding on both Contracting Parties. The tribunal shall determine its own proceduresprocedure.
Appears in 4 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as if possible, be settled through negotiationdiplomatic channels.
(2) If it is not possible to resolve a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosein that manner, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunal.
(3) Such an arbitral This arbitration tribunal shall be constituted constituted, for each individual case in the following way. by Within case, as follows: within two (2) months of from the receipt of the request for arbitration, each Contracting Party shall appoint one its member of an arbitrator to the tribunal. Those These two members arbitrators shall then select in turn appoint a national of a third State who on State, who, upon the approval by the two of both Contracting Parties Parties, shall be appointed Chairman designated as President of the tribunal. The Chairman President shall be appointed within a period of two (2) months from the date of appointment of the other two members.
(4) If the necessary appointments are not made within the periods time limits specified in paragraph (3) of this Article the necessary appointments have in not been madeArticle, either any Contracting Party may, in the absence of any other agreement, invite request the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either one of the Contracting Party Parties or if for any other reason he is otherwise prevented from discharging the said unable to perform this function, the Vice Vice-President shall be invited requested to make the necessary appointments. If the Vice Vice- President is a national of either one of the Contracting Party Parties or if he too is also prevented from discharging the said performing that function, the Member of the International Court of Justice next immediately following him in seniority the order of precedence and who is not a national of either one of the Contracting Party Parties shall be invited Requested to make the necessary appointmentsdesignations.
(5) The arbitral tribunal shall reach its decision decide by a majority of votesvote. Such Its decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own member of the tribunal arbitrator in court and of its representation in the arbitral proceedings; the cost expenses of the Chairman President and the remaining other costs shall be borne in equal parts by shared equally between the Contracting Parties. The tribunal court may, however, in its decision direct decide that a higher proportion share of the costs shall be borne paid by one of the two Contracting Parties, and this award that decision shall be binding on both Contracting Parties. The tribunal shall court will determine its own procedures.
Appears in 4 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation Interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationnegotiations.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosedate either Contracting Party requested negotiations it shall, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal.
(3) Such an . The arbitral tribunal shall be constituted for each individual case in the following wayconsist of three arbitrators. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of arbitrator and the tribunal. Those two members arbitrators shall then jointly select a national citizen of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersmembers of the tribunal.
(4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in 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 such appointments. If the President is a national citizen of the State of either Contracting Party or if he is otherwise prevented from discharging the said function, the. Vice-President of the Vice President International Court of Justice shall be invited to make the necessary such appointments. If the Vice Vice-President is a national citizen of the State of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in In seniority who is not a national citizen of the State of either Contracting Party shall be invited to make the necessary such appointments.
(5) . The arbitral tribunal shall reach its Its decision by a majority of votes. Such decisions 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 . The costs of the Chairman and the remaining costs shall be borne in equal parts equally 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 own proceduresprocedure.
Appears in 4 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 4 contracts
Sources: Bilateral Investment Treaty, Investment Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes . Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as whenever possible, be settled amicably through negotiationconsultations.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosethrough consultations, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunalpanel for decision.
(3) Such an . An arbitral tribunal panel shall be constituted for each individual case in the following waydispute. by Within two months of the after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one its member of to the tribunalarbitral panel. Those The two members shall then select a national of a third State who on state who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunalarbitral panel. The Chairman shall be appointed within two months from the date of appointment of the other two membersmembers of the arbitral panel.
(4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in 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 the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal panel shall determine its own procedure. The arbitral panel shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision of the arbitral panel shall be rendered within six months of the appointment of the Chairman in accordance with paragraphs 3 or 4 of this Article.paragraphs 3 or 4 of this Article.
6. Each Contracting Party shall bear the cost costs of its own member of the tribunal panel and of its representation in the arbitral proceedings; the cost of costs related to the Chairman and the any remaining costs shall be borne in equal parts equally by the Contracting Parties. The tribunal arbitral panel 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.
7. The tribunal Contracting Parties shall, within 60 days of the decision of a panel, reach agreement on the manner in which to resolve their dispute. Such agreement shall determine its own proceduresnormally implement the decision of the panel. If the Contracting Parties fail to reach agreement, the Contracting Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.
Appears in 4 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationnegotiations between the Governments of the two Contracting Parties.
(2) If a the dispute between the Contracting Parties cannot thus be settled within a period of six months from following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall may 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. by Within : within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of arbitrator for the tribunal. Those two members arbitrators shall then select a national of a third State who on who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersarbitrators.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party and not prevented from discharging such functions shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of arbitrator to the 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 equally 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 on, and executed by, both Contracting Parties. The .
(6) Apart from the above, the tribunal shall determine its own proceduresprocedure.
Appears in 4 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement shouldTreaty shall, as far as possible, be settled through negotiationby the Governments of the two Contracting Parties.
(2) If a dispute between the Contracting Parties disagreement cannot thus be settled in this manner within six months from the ist time the dispute arosemonths, it shall upon the request of either Contracting Party be submitted to an arbitral tribunalarbitration board at the request of one of the two contracting parties.
(3) Such an The arbitral tribunal shall be constituted for on a case-by-case basis by appointing a member to each individual case in the following way. by Within two months of the receipt of the request for arbitrationContracting Parties, each Contracting Party shall appoint one its member of the tribunal. Those two and both members shall then select a national as members of a third State who on approval as chairman to be appointed by the Governments of the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman shall be appointed members are to appoint the chairman within two months from within a period of two months after the date of appointment of one party to the agreement has notified the other two membersthat they intend to submit the dispute to an arbitration court.
(4) If within the periods specified deadlines set out in paragraph (3) of this Article the necessary appointments have in 3 are not been made, either Contracting Party maymet, in the absence of any other agreement, invite each Contracting Party may ask the President of the International Court of Justice to make any the necessary appointments. If the President is a national has the nationality of either Contracting Party or if he is otherwise prevented from discharging the said functiondoing so for another reason, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice President is a national vice-president also has the nationality of either Contracting Party one of the two contracting parties or if he too is also prevented from discharging the said functiondoing so, the Member next member of the International Court of Justice next in seniority who is not a national of either Contracting Party one of the two contracting parties shall be invited to make the necessary appointments.
(5) The President of the Arbitral Tribunal shall be a national of a State with which both Contracting Parties maintain diplomatic relations.
(6) The arbitral tribunal shall reach its decision decide by a majority of votes. Such Its decisions shall be binding on both Contracting Parties. final and binding.
(7) Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its representation in the proceedings before the arbitral proceedingstribunal; the cost The costs of the Chairman chairman and the remaining other costs shall be are borne in equal parts equally by the Contracting Partiestwo contracting parties. The arbitral tribunal maymay adopt a different cost regime. In addition, 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 arbitral tribunal shall determine regulate its own procedures.
Appears in 4 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute negotiations between the Contracting Parties Parties. If such a dispute cannot thus be settled within six three months from the ist time the dispute arosebeginning of negotiation, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal.
(32) Such an arbitral tribunal shall be constituted for each individual case in the following way. by :
(a) Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. 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 three months from the date of appointment of the other two members.;
(4b) If within any of the periods specified in paragraph (3) of this Article the necessary appointments have in not been madeheld, 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 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 too he, too, is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(53) The arbitral tribunal shall base its decision on the provisions of this Agreement in conformity with the principles of law. It shall reach its decision by a majority of votes. Such decisions decision shall be final and binding on both Contracting Parties. .
(4) Each Contracting Party shall bear the cost of its own member of the 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 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 own proceduresprocedure.
Appears in 3 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosesettled, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 3 contracts
Sources: Bilateral Investment Treaty, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationnegotiations between the Governments of the two Contracting Parties.
(2) If a the dispute between the Contracting Parties cannot thus be settled within a period of six months from following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall may 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. by Within : within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of arbitrator for the tribunal. Those two members arbitrators shall then select a national of a third State who on who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersarbitrators.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party and not prevented from discharging such functions shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of arbitrator to the 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 equally 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 on, and executed by, both Contracting Parties. The .
(6) Apart from the above, the tribunal shall determine its own proceduresprocedure.
Appears in 3 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes . Any dispute between the Contracting Parties concerning the interpretation in terpretation or application of this I Agreement shouldshall, as far as possible, be settled by consultation through negotiationdiplomatic channel.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosemonths, it shall shall, upon the request Request of either Contracting Party Party, be submitted to an ad hoc arbitral tribunal. ''
3. Such tribunal comprises of three arbitrators. Within two months from the date on which either Contracting Party receives the written notice requesting for arbitration from the other Contracting Party, eaGh Contractmg Party shall appoint one arbitrator. Those two arbitrators shall, withm the next two months, together select a third arbitrator who is national of a third State which has diplomatic relations with both Contractmg Parties. The third arbitrator shall be appointed by the two Contractmg Parties as Chairman of the arbitral tribunal.
(3) Such an 4. If the arbitral tribunal shall be has not been constituted for each individual case in withm four months from the following way. by Within two months date of the receipt of the request written notice for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Contractmg Party may, in the absence of any other agreement, invite the President of the of'the International Court of Justice to make any necessary appointmentsappoint the arbitrator(s) who has or have not yet been appointed. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member next most senior member of the International Court of Justice next in seniority who is not a national of either Contracting Contractmg Party shall be invited to make the necessary appointmentsappointment(s).
(5) . The arbitral tribunal shall determine its own procedure. The tribunal shall reach its decision in accordance with the provisions of this Agreement and the principles of international law recognized by both Contracting Parties.
6. The tribunal shall reach its decision by a majority of votes. Such decisions decision shall be final and binding on both Contracting Parties. The ad hoc arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its decision.
7. Each Contracting Party Party, shall bear the cost 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 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 own procedures.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes . Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as whenever possible, be settled amicably through negotiationconsultations.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosethrough consultations, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunalpanel for decision.
(3) Such an . An arbitral tribunal panel shall be constituted for each individual case in the following waydispute. by Within two months of the after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one its member of to the tribunalarbitral panel. Those The two members shall then select a national of a third State who on who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunalarbitral panel. The Chairman shall be appointed within two months from the date of appointment of the other two membersmembers of the arbitral panel.
(4) . If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal panel shall determine its own procedure. The arbitral panel shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision of the arbitral panel shall be rendered within six months of the appointment of the Chairman in accordance with paragraph (3) or (4) of this Article.
6. Each Contracting Party shall bear the cost costs of its own member of the tribunal panel and of its representation in the arbitral proceedings; the cost of costs related to the Chairman and the any remaining costs shall be borne in equal parts equally by the Contracting Parties. The tribunal arbitral panel 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.
7. The tribunal Contracting Parties shall, within 60 days of the decision of a panel, reach agreement on the manner in which to resolve their dispute. Such agreement shall determine its own proceduresnormally implement the decision of the panel. If the Contracting Parties fail to reach agreement, the Contracting Party in whose favour the decision was made shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this I Agreement shouldAgreement, as far as possible, be settled through the Contracting Parties shall in the first place try to settle it by negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time fail to reach a settlement of the dispute aroseby negotiation, it shall upon may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party 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. by Within two months of the manner:
(a) within thirty days after receipt of the a request for arbitration, each Contracting Party shall appoint one its 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 tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties , shall be appointed Chairman as the third arbitrator by agreement between the two arbitrators, within sixty days of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.second;
(4b) If if within the periods time limits specified in paragraph (3) of this Article the necessary appointments have in above any appointment has not been made, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice Justice, in a personal and individual capacity, to make any the necessary appointmentsappointment within thirty days. If the President considers that he is a national of a State which cannot be regarded as neutral in relation to the dispute, the most senior Vice-President 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 either of the Contracting Parties, a conference to determine the precise issues to be arbitrated shall be held not later than thirty days after the tribunal is fully constituted.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party or if he shall submit a memorandum within forty five days after the tribunal is otherwise prevented from discharging the said function, the Vice President fully constituted. Replies shall be invited to make due sixty days later. The tribunal shall hold a hearing at the necessary appointments. If the Vice President is a national request of either Contracting Party, or at its discretion, within thirty days after replies are due. Any decision of the tribunal shall be taken by a majority vote.
(5) The Contracting Parties may submit requests for clarification of the decision within fifteen days after it is received and such clarification shall be issued within fifteen days of such request.
(6) The decision of the tribunal shall be final and binding on the Contracting Parties.
(7) Each Contracting Party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President or if he too is prevented from discharging the said function, the Member Vice-President of the International Court of Justice next in seniority who is not a national implementing the procedures in paragraph 2(b) of either Contracting Party shall be invited to make the necessary appointmentsthis Article.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 3 contracts
Sources: Investment Promotion and Protection Agreement, Investment Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel, which may include, if. both Contracting Parties so desire, referral to a Bilateral Commission composed of representatives of both Contracting Parties.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six (6) months from notification of the ist time the dispute arosedispute, it shall 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. by : Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who who, on approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If . If, within the periods specified in paragraph (3) of this Article Article, the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court Chambre of Justice Commerce in Paris (hereinafter: the "ICC") 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice ICC 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 decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 3 contracts
Sources: Investment Agreement, Investment Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel, which may include, if both Contracting Parties so desire, referral to a Bilateral Commission composed of representatives of both Contracting Parties.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six (6) months from notification of the ist time the dispute arosedispute, it shall 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. by : Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who who, on approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If . If, within the periods specified in paragraph (3) of this Article Article, the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President Chairman of the Court of the International Court Chambre of Justice Commerce in Paris (hereinafter: the "ICC") to make any necessary appointments. If the President Chairman is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member then one of the International Court of Justice next in seniority Vice-Chairmen 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 decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Promotion and Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes . Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as whenever possible, be settled amicably through negotiationconsultations.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosethrough consultations, it shall upon shall, at the request of either Contracting Party 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. by Within two months of the after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one its member of to the arbitral tribunal. Those The two members shall then select a national of a third State who on state who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the arbitral tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersmembers of the arbitral tribunal.
(4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in 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 the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision of the arbitral tribunal shall be rendered within six months of the appointment of the Chairman in accordance with paragraph 3 or 4 of this Article.
6. Each Contracting Party shall bear the cost costs of its own member of the arbitral tribunal and of its representation in the arbitral proceedings; the cost of costs related to the Chairman and the any remaining costs shall be borne in equal parts equally by the Contracting Parties. The arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedures.
Appears in 3 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this I Agreement shouldAgreement, as far as possible, be settled through the Contracting Parties shall in the first place try to settle it by negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time fail to reach a settlement of the dispute aroseby negotiation, it shall upon may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party 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. by Within two months of the manner:
(a) within sixty days after receipt of the a request for arbitration, each Contracting Party shall appoint one its 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 tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties , shall be appointed Chairman as the third arbitrator by agreement between the two arbitrators, within sixty days of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.second;
(4b) If if within the periods time limits specified in paragraph (3) of this Article the necessary appointments have in above any appointment has not been made, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice Justice, in a personal and individual capacity, to make any the necessary appointmentsappointment within thirty days. If the President considers that he is a national of either Contracting Party or a State which cannot be regarded as neutral in relation to the dispute, the appointment shall be made by the Vice-President and if he is also disqualified on the same ground the appointment shall be made by the most senior judge of the Court who is not disqualified on that ground.
(3) Except as hereinafter provided in this Article or as otherwise prevented from discharging agreed by the said functionContracting Parties, the Vice President tribunal shall determine the limits of its jurisdiction and establish its own procedure.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within sixty days after the tribunal is fully constituted. Replies shall be invited to make due sixty days later. The tribunal shall hold a hearing at the necessary appointments. If the Vice President is a national request of either Contracting Party, or at its discretion, within thirty days after replies were due.
(5) The tribunal shall attempt to give a written decision within thirty days after completion of the hearing or, if no hearing is held, after the date at which the replies were due. The decision shall be taken by a majority vote.
(6) The Contracting Parties may submit requests for clarification of the decision within thirty days after it is received and such clarification shall be issued within thirty days of such request.
(7) The decision of the tribunal shall be final and binding on the Contracting Parties.
(8) Each Contracting Party or if he too is prevented from discharging shall bear the said functioncosts of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President, the Member Vice-President or any other judge of the International Court of Justice next in seniority who is not a national implementing the procedures in paragraph 2(b) of either Contracting Party shall be invited to make the necessary appointmentsthis article.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 3 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) . The Contracting Parties agree to consult promptly on the request of either contracting party to resolve any disputes in connection with this Agreement.
2. Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic channels.
(2) 3. If a the dispute between the Contracting Parties cannot thus be settled within six nine (9) months from following the ist time the dispute arosedate on which either Contracting Party requested such negotiations, it shall upon at the request of either Contracting Party be submitted to an arbitral tribunalArbitral Tribunal.
(3) 4. Such an arbitral tribunal Arbitral Tribunal shall be constituted for each individual case in the following way. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunalArbitral Tribunal. The Chairman shall be appointed within two four (4) months from the date of appointment of the other two members.
(4) 5. If the necessary appointments have not been made within the periods specified in paragraph (3) 4 of this Article the necessary appointments have in not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
(5) 6. The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such The decisions of the Arbitral Tribunal shall be final and 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 . 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 mayArbitral Tribunal may make a different decision regarding the sharing of costs. In all other respects, 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 Arbitral Tribunal shall determine its own proceduresrules of procedure.
7. Issues subject to dispute referred to in paragraph 2 of this Article shall be decided in accordance with the provisions of this Agreement and the generally recognized principles of international law.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as if possible, be settled through negotiationby negotiations between the two Contracting Parties.
(2) If a the dispute between the Contracting Parties cannot thus be settled within six months from months, following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall upon at the request of either Contracting Party be submitted to an arbitral arbitration tribunal.
(3) Such an arbitral The arbitration tribunal shall be constituted for each individual set up from case in the following way. by Within two months of the receipt of the request for arbitrationto case, each Contracting Party shall appoint appointing one its member of the tribunalmember. Those These two members shall then select agree upon a national of a third State who on approval as their chairman, to be appointed by the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman members shall be appointed within two months months, and the chairman within four months, from the date of appointment of either Contracting Party has advised the other two membersContracting Party of its wish to submit the dispute to an arbitration tribunal.
(4) If within the periods specified time limits referred to in paragraph (3) of this Article the necessary appointments have in not been madecomplied with, either Contracting Party may, in the absence of any other agreementrelevant arrangement, invite the President of the International Court of Justice to make any the necessary appointments. .
(5) If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article 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 the Vice Vice-President is prevented from discharging the said function or is a national of either Contracting Party or if he too is prevented from discharging the said functionParty, the Member most senior member of the International Court of Justice next in seniority who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments.
(56) The arbitral arbitration tribunal shall reach its decision by a majority of votes. Such decisions shall be , the decision being final and binding on both the Contracting Parties. Each Contracting Party shall bear the cost of its own the member of appointed by that Contracting Party as well as the tribunal and of costs for its representation in the arbitral arbitration proceedings; the cost of the Chairman and the remaining chairman as well as any other costs shall be borne in equal parts by the two Contracting Parties. The arbitration 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 In all other respects, the procedure of the arbitration tribunal shall determine its own proceduresbe determined by the tribunal itself.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiationnegotiations.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request request- for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of the appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost 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 discretion 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 own proceduresprocedure.
Appears in 3 contracts
Sources: Bilateral Investment Treaty, Investment Promotion and Protection Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between . Between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled by negotiations through negotiationdiplomatic channels.
(2) If a dispute between the . The Contracting Parties cannot thus be settled fail to reach such settlement within six six(6) months from after the ist time beginning of negotiations, the dispute aroseshall, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal.
(3) Such an arbitral tribunal . Arbitral Tribunal shall be constituted for each individual case in the following way. by Within two months ad hoc, as follows: Each of the receipt of the request for arbitration, each Contracting Party Parties shall appoint one its member of the tribunal. Those and these two members shall then select propose a national of a third State who on approval as chairman to be appointed by the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman members shall be appointed within two two(2) months and the chairman shall be appointed within three(3) months from the date of appointment of on which either Contracting Party notifies the other two membersthat it wishes to submit the dispute to an arbitral tribunal.
(4) If within the periods . The deadlines specified in paragraph (3) 3 of this Article the necessary appointments have in are not been madecomplied with, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is prevented from doing so, 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 the Vice Vice-President is also a national of either Contracting Party Party, or if he too is prevented from discharging making the said functionappointments for any other reason, the Member appointments shall be made by the member of the International Court of Justice who is next in seniority and who is not a national of either Contracting Party Party.
5. Chairman of the Arbitral Tribunal shall be invited to make the necessary appointmentsa national of a third State with which both Contracting Parties maintain diplomatic relations.
(5) 6. Arbitral Tribunal shall rule according to majority vote. The arbitral decisions of the tribunal shall reach its decision by a majority of votes. Such decisions shall be final and binding on both Contracting Parties. Each Contracting Party shall bear be responsible for the cost costs of its own member of the tribunal and of its representation in representatives at the arbitral proceedings; the cost . Both Contracting Parties shall assume an equal share of the Chairman and the remaining costs shall be borne in equal parts expenses incurred by the Contracting Partieschairman, as well as any other expenses. The tribunal maymay make a different decision regarding costs. In all other respects, however, in its decision direct that a higher proportion of costs the tribunal court shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine define its own proceduresrules of procedure.
Appears in 3 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic channels.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six (6) months from following the ist time the dispute arosedate on which either Contracting Party requested such negotiations, it shall upon at the request of either Contracting 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. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two four (4) 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) 3 of this Article the necessary appointments have in not been madeArticle, either Contracting Party may, in the absence of any other agreementarrangement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal member 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 Tribunal may make a different decision direct that a higher proportion of costs shall be borne by one regarding the sharing of the two Contracting Partiescosts. In all other respects, and this award shall be binding on both Contracting Parties. The tribunal the Arbitral Tribunal shall determine its own proceduresrules of procedure.
6. Issues subject to dispute referred to in paragraph 1 of this Article shall be decided in accordance with the provisions of this Agreement and the generally recognised principles of international law.
Appears in 3 contracts
Sources: Agreement on the Promotion and Protection of Investments, Investment Protection Agreement, Agreement on the Promotion and Protection of Investments
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationdiplomatic channels.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosesettled, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two othertwo members.
(4) If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence theabsence of any other agreement, invite the President of the International Court of Justice to make 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited beinvited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority maiority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 3 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationnegotiations.
(2) . If a dispute between the Contracting Parties cannot thus be settled within settled, after six months from the ist time the dispute aroseit shall, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunalarbitration.
(3) Such an . The arbitral tribunal shall be constituted for each individual case in the following wayconsist of three arbitrators. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of arbitrator and within two months from then the tribunal. Those two members arbitrators shall then select a national of appoint a third State arbitrator who on approval by the two Contracting Parties shall be appointed the 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 in 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 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 the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) . The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be final and 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; proceedings and half the cost 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 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 own proceduresprocedure and the rules of law to be applied.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as if possible, be settled by negotiations between the Governments of the Contracting Parties through negotiationthe diplomatic channel.
(2) If a the dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosea reasonable period of time, it shall upon at the request of either Contracting Party be submitted to an arbitral arbitration tribunal.
(3) Such an arbitral The arbitration tribunal shall be constituted for each individual set up from case in the following way. by Within two months of the receipt of the request for arbitrationto case, each Contracting Party shall appoint appointing one its member of the tribunalmember. Those These two members shall then select agree upon a national of a third State who on approval as their chairman, to be appointed by the Governments of the two Contracting Parties shall be appointed Chairman of the tribunalParties. The Chairman members shall be appointed within two months months, and the chairman within four months, from the date of appointment of either Contracting Party has advised the other two membersContracting Party of its wish to submit the dispute to an arbitration tribunal.
(4) If within the periods specified time limits referred to in paragraph Paragraph (3) of this Article the necessary appointments have in not been madecomplied with, either Contracting Party may, in the absence of any other agreementrelevant arrangement, invite the President of the International Court of Justice to make any the necessary appointments. .
(5) If the President of the International Court of Justice is prevented from discharging the function provided for in Paragraph (4) of this Article 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 the Vice Vice-President is prevented from discharging the said function or is a national of either Contracting Party or if he too is prevented from discharging the said functionParty, the Member most senior member of the International Court of Justice next in seniority who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments.
(56) The arbitral arbitration tribunal shall reach its decision by a majority of votes. Such decisions shall be , the decision being final and binding on both the Contracting Parties. Each Contracting Party shall bear the cost of its own the member of appointed by that Contracting Party as well as the tribunal and of costs for its representation in the arbitral arbitration proceedings; the cost of the Chairman and the remaining chairman as well as any other costs shall in principle be borne in equal parts by the two Contracting Parties. The arbitration 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 In all other respects, the procedure of the arbitration tribunal shall determine its own proceduresbe determined by the tribunal itself.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic channels.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six (6) months from following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall upon at the request of either Contracting 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. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two four (4) 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) 3 of this Article the necessary appointments have in not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal member 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 Tribunal may make a different decision direct that a higher proportion of costs shall be borne by one regarding the sharing of the two Contracting Partiescosts. In all other respects, and this award shall be binding on both Contracting Parties. The tribunal the Arbitral Tribunal shall determine its own proceduresrules of procedure.
6. Issues subject to dispute referred to in paragraph I of this Article shall be decided in accordance with the provisions of this Agreement and the generally recognised principles of international law.
7. The President of the Tribunal should be a citizen of a third State with whom both Contracting Parties maintain diplomatic relations.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationthe diplomatic channel.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosesettled, 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 in'the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision - shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 3 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes . Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as whenever possible, be settled amicably through negotiationconsultations.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosethrough consultations, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunalpanel for decision.
(3) Such an . An arbitral tribunal panel shall be constituted for each individual case in the following waydispute. by Within two months of the after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one its member of to the tribunalarbitral panel. Those The two members shall then select a national of a third State who on state who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunalarbitral panel. The Chairman shall be appointed within two months from the date of appointment of the other two membersmembers of the arbitral panel.
(4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in 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 the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal panel shall determine its own procedure. The arbitral panel shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision of the arbitral panel 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 bear the cost costs of its own member of the tribunal arbitral panel and of its representation in the arbitral proceedings; the cost of costs related to the Chairman and the any remaining costs shall be borne in equal parts equally by the Contracting Parties. The tribunal arbitral panel 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.
7. The tribunal Contracting Parties shall, within 60 days of the decision of an arbitral panel, reach agreement on the manner in which to resolve their dispute. Such agreement shall determine its own proceduresnormally implement the decision of the arbitral panel. If the Contracting Parties fail to reach agreement, the Contracting Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the arbitral panel.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiationconsultations and negotiations, through diplomatic channels.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be final and binding on both Contracting Parties. The tribunal shall determine its own procedures.
Appears in 3 contracts
Sources: Investment Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationnegotiations between the Governments of the two Contracting Parties.
(2) If a the dispute between the Contracting Parties cannot thus be settled within a period of six months from following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall may 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. by Within : within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of arbitrator for the tribunal. Those two members arbitrators shall then select a national of a third State who on who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersarbitrators.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party and not prevented from discharging such functions shall be invited to make the necessary neccesary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of arbitrator to the 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 equally 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 on, and executed by, both Contracting Parties. The .
(6) Apart from the above, the tribunal shall determine its own proceduresprocedure.
Appears in 3 contracts
Sources: Investment Promotion and Protection Agreement, Investment Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this I Agreement shouldAgreement, as far as possible, be settled through negotiationthe Contracting Parties shall in the first place try to settle it amicably.
(2) If a dispute between the Contracting Parties cannot thus be settled fail within six months from the ist time to reach a settlement of the dispute aroseamicably, it shall upon may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party 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. by manner:
(a) Within two months of the thirty days after receipt of the a request for arbitration, each Contracting Party shall appoint one its 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 tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties , shall be appointed Chairman as the third arbitrator by agreement between the two arbitrators, within sixty days of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.second;
(4b) If within the periods time limits specified in paragraph (3) of this Article the necessary appointments have in above any appointment has not been made, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice Justice, in a personal and individual capacity, to make any the necessary appointmentsappointment within thirty days. If the President considers that he is a national of a State which cannot be regarded as neutral in relation to the dispute, the Vice-President or the most senior Member 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 either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than thirty days after the tribunal is fully constituted.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party or if he shall submit a memorandum within forty five days after the tribunal is otherwise prevented from discharging the said function, the Vice President fully constituted. Replies shall be invited to make due sixty days later. The tribunal shall hold a hearing at the necessary appointments. If the Vice President is a national request of either Contracting Party, or at its discretion, within thirty days after replies are due.
(5) The tribunal shall attempt to give a written decision within thirty days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision shall be taken by a majority vote.
(6) The Contracting Parties may submit requests for clarification of the decision within fifteen days after it is received and such clarification shall be issued within fifteen days of such request.
(7) The tribunal shall reach its decision on the basis of internationally recognized rules of law. The decision of the tribunal shall be final and binding on the Contracting Parties.
(8) Each Contracting Party or if he too is prevented from discharging shall bear the said functioncosts of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President, the Vice-President or the most senior Member of the International Court of Justice next in seniority who is not a national implementing the procedures in paragraph (2) (b) 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 decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Partiesthis Article. The tribunal may, however, in its decision direct that a higher proportion award determine another distribution 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 own procedurescosts.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Promotion and Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic channels.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six months from (6) months, following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall upon at the request of either Contracting 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. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two four (4) months from the date of appointment of the other two members.
(4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party 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 decision by a majority of votes. Such The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal member 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 Chairman, as well as other common costs. In all other respects, the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal Arbitral Tribunal shall determine its own proceduresrules of procedure.
Appears in 3 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes . Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as whenever possible, be settled amicably through negotiationconsultations.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosethrough consultations, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunalpanel for decision.
(3) Such an . An arbitral tribunal panel shall be constituted for each individual case in the following waydispute. by Within two months of the after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one its member of to the tribunalarbitral panel. Those The two members shall then select a national of a third State who on state who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunalarbitral panel. The Chairman shall be appointed within two months from the date of appointment of the other two membersmembers of the arbitral panel.
(4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in 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 the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal panel shall determine its own procedure. The arbitral panel shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision of the arbitral panel 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 bear the cost costs of its own member of the tribunal panel and of its representation in the arbitral proceedings; the cost of costs related to the Chairman and the any remaining costs shall be borne in equal parts equally by the Contracting Parties. The tribunal arbitral panel 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.
7. The tribunal Contracting Parties shall, within 60 days of the decision of a panel, reach agreement on the manner in which to resolve their dispute. Such agreement shall determine its own proceduresnormally implement the decision of the panel. If the Contracting Parties fail to reach agreement, the Contracting Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who that has diplomatic relationship with both Contracting Parties who, on approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 3 contracts
Sources: Investment Promotion and Protection Agreement, Promotion and Protection of Investments Agreement, Promotion and Protection of Investments Agreement
Disputes between the Contracting Parties. (1) Disputes . Either Contracting Party may request consultations on the interpretation or application of this Agreement. The other Contracting Party shall give sympathetic consideration to the request. Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as whenever possible, be settled amicably through negotiationconsultations.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosethrough consultations, it shall upon shall, at the request of either Contracting Party Party, be submitted to an arbitral tribunalpanel for decision.
(3) Such an . An arbitral tribunal panel shall be constituted for each individual case in the following waydispute. by Within two months of the after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one its member of to the tribunalarbitral panel. Those The two members shall then select a national of a third State who on who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the tribunalarbitral panel. The Chairman shall be appointed within two months from the date of appointment of the other two membersmembers of the arbitral panel.
(4) . If within the periods specified in paragraph (3) of this Article the necessary appointments have in 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 the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal panel shall determine its own procedure. The arbitral panel shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision of the arbitral panel 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 bear the cost costs of its own member of the tribunal panel and of its representation in the arbitral proceedings; the cost of costs related to the Chairman and the any remaining costs shall be borne in equal parts equally by the Contracting Parties. The tribunal arbitral panel 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.
7. The tribunal Contracting Parties shall, within 60 days of the decision of a panel, reach agreement on the manner in which to resolve their dispute. Such agreement shall determine its own proceduresnormally implement the decision of the panel. If the Contracting Parties fail to reach agreement, the Contracting Party bringing the dispute shall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.
Appears in 3 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiationamicably.
(2) If such a dispute between the Contracting Parties canhas not thus be been settled within six months from the ist time the dispute arosedate on which negotiations were requested, 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. by Within two months of the receipt of the request for arbitrationcase, each Contracting Party shall appoint appointing one its member of the tribunalmember. Those These two members shall then select agree upon a national of a third State who on approval to be appointed by the two Contracting Parties shall be appointed Chairman of the tribunalas their Chairman. The Chairman members shall be appointed within two months and the Chairman within four months from the date of appointment the written notice containing the request under paragraph (2) of the other two membersthis Article.
(4) If within the periods specified time limits referred to in paragraph (3) of this Article the necessary appointments have in 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 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 appointing authority shall be the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said functionPresident, the Member Vice-President or the next senior Judge of the International Court of Justice next in seniority Justice, who is not a national of either Contracting Party shall be invited to make the necessary appointmentsor is not otherwise prevented from discharging this task.
(5) The arbitral tribunal shall reach determine its decision own procedures and take its decisions by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost costs of its own member of the tribunal and of its own. representation in the arbitral arbitration proceedings; the cost . The costs of the Chairman and the remaining costs shall be borne in equal 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, . The decisions and this award awards of the arbitral tribunal shall be final and binding on both Contracting Parties. The tribunal shall determine its own procedures.
Appears in 3 contracts
Sources: Investment Promotion and Protection Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as possible, be settled by consultation through negotiationthe diplomatic channel.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosemonths, it shall shall, upon the request of either Contracting Party Party, be submitted to an ad-hoc arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted for each individual case in the following waycomprises of three arbitrators. by Within two months of from the receipt of date on which either Contracting Party receives the request written notice requesting for arbitrationarbitration from the other Contracting Party, each Contracting Party shall appoint one its member of the tribunalarbitrator. Those two members shall then arbitrators shall, within further two months, together select a third arbitrator who is a national of a third State who on approval which has diplomatic relations with both Contracting Parties. The third arbitrator shall be appointed by the two Contracting Parties shall be appointed as Chairman of the arbitral 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 in arbitral tribunal has not been madeconstituted within four months from the date of the receipt of the written notice for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointmentsappoint the arbitrator(s) who has or have not yet been appointed. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member next month senior member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointmentsappointed(s).
(5) The arbitral tribunal shall determine its own procedure. The tribunal shall reach its decision award in accordance with the provisions of this Agreement and the generally recognized principles of international law.
(6) The tribunal shall reach its award by a majority of votes. Such decisions award shall be final and binding on both Contracting Parties. The ad-hoc arbitral tribunal shall, upon the request of either Contracting Party, explain the reasons of its award.
(7) Each Contracting Party shall bear the cost 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 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 own procedures.
Appears in 3 contracts
Sources: Bilateral Investment Treaty, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldshall, as far as possible, be settled through negotiationdiplomatic channels.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six (6) months from following the ist time the dispute arose, date on which such negotiations were requested by either Contracting Party it shall upon at the request of either Contracting 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. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunalTribunal. The Chairman shall be appointed within two four (4) 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) 3 of this Article the necessary appointments have in not been madeArticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is not otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal member 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 Tribunal may make a different decision direct that a higher proportion of costs shall be borne by one regarding the sharing of the two Contracting Partiescosts. In all other respects, and this award shall be binding on both Contracting Parties. The tribunal the Arbitral Tribunal shall determine its own proceduresrules of procedure.
6. Issues subject to dispute referred to in paragraph 1 of this Article shall be decided in accordance with the provisions of this Agreement and the generally recognised principles of international law.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes Any dispute between the Contracting Parties concerning the interpretation or application of this I Agreement shouldshall, as far as possible, be settled amicably through negotiationconsultations.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosethrough consultations, it shall upon shall, at the request of either Contracting Party 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. by Within two months of the after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one its member of to the arbitral tribunal. Those The two members shall then select a national of a third State who on who, upon approval by the two Contracting Parties Parties, shall be appointed Chairman of the arbitral tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two membersmembers of the arbitral tribunal.
(4) If within the periods specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court international court of Justice to make any the necessary appointments. appointment 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 Vice-president be invited to make the necessary appointments. If the Vice Vice-President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority seniority, who is not a national of either Contracting Party Party, shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. 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 bear the cost costs of its own member of the tribunal and of its representation in the arbitral proceedings; proceedings the cost of costs related to the Chairman and the any remaining costs shall be borne in equal parts equally by the Contracting Parties. Parties The arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedures.
Appears in 3 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationdiplomatic channels.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosesettled, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods period specified in paragraph (3) of this Article the necessary appointments have in not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said functionfunctions, the Member member of the International Court of Justice Justice, next in seniority 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 decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as possible, be settled through negotiationnegotiations.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arose, 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. by Within two months of the receipt of the request for arbitration, each Contracting Party party shall appoint one its member of the tribunal. Those two members shall then select a national of if a third State who on approval by the two Contracting 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 in not been made, 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 any 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 Deputy Secretary General shall be invited to make the necessary appointments. If the Vice President Deputy Secretary General is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Permanent Court of Justice Arbitration next in In seniority who is not a national of either Contracting Party shall be invited Invited to make the necessary appointmentsappointment.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; : the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own proceduresprocedure.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning contracting parties relating to the interpretation or application of the provisions of this I Agreement should, as far as possible, shall be settled through negotiationdiplomatic channels.
(2) If a the dispute between the Contracting Parties contracting parties cannot thus be settled within six months from the ist time the dispute aroseat which it was raised in writing by either contracting party, 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 shall be constituted for each individual case in the following way. by Within within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunalTribunal. Those these two members shall then select agree within two months the Chairman of the Tribunal who shall be a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two memberswith which both contracting parties maintain diplomatic relations.
(4) If the necessary appointments have not been made within the periods specified in paragraph the Al (3) of this Article the necessary appointments have in not been madearticle, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary the appointments. If if the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said functionunable to perform this function for another reason, 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 functioncarrying out this function for another reason, the Member most senior member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) The arbitral tribunal shall determine its own rules of procedure, unless the Contracting Parties decide otherwise. it shall reach its decision decisions by a majority of votes. Such the decisions of the Tribunal shall be final and binding on both Contracting Parties. contracting parties.
(6) Each Contracting Party shall bear the cost costs of its own member of the tribunal Tribunal 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 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 own procedurescontracting parties.
Appears in 3 contracts
Sources: Investment Agreement, Investment Protection Agreement, Investment Agreement
Disputes between the Contracting Parties. (1) Disputes between the The Contracting Parties concerning shall consult promptly at the request of either of them to resolve any dispute in connection with this Agreement or to discuss any matter relating to the interpretation or application of this I Agreement should, as far as possible, be settled through negotiationAgreement.
(2) If such a dispute is not resolved the Contracting Parties should endeavour to settle it through the diplomatic channel.
(3) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute arosesettled, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal.
(34) Such an arbitral tribunal shall be constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State with which both Contracting Parties have diplomatic relations who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(45) If within the periods specified in paragraph (34) of this Article the necessary appointments have in 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 party or if he is otherwise prevented from discharging the said function, the Vice Vice-President shall be invited to make the necessary appointments. If the Vice Vice- President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(56) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions decision shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, Parties and this award shall be binding on both Contracting Parties. The tribunal shall determine its own proceduresprocedure.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or application of this I Agreement should, as far as if possible, be settled through negotiationfriendly consultations and negotiations.
(2) . If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time the dispute aroseof one Contracting Party receiving a request in writing for such negotiations or consultations, it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. Arbitration proceedings shall be instituted upon notice being given through the diplomatic channel by the Contracting Party instituting such proceedings to the other Contracting Party.
(3) . Such an arbitral tribunal shall be constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman Chairperson of the tribunal. The Chairman Chairperson shall be appointed within two months one month from the date of appointment of the other two members.
(4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in 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 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 too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5) . In case any arbitrator appointed as provided for in this Article shall resign or become unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.
6. The arbitral tribunal shall reach its decision by a majority of votes. The award shall be rendered in writing and shall state its legal basis. Such decisions award shall be binding on both Contracting Parties.
7. 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 Chairperson and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, Parties and this award shall be binding on both Contracting Parties.
8. The tribunal Arbitral Tribunal shall in accordance with this Agreement decide all questions relating to its competence and shall subject to any agreement between the Contracting Parties, determine its own proceduresprocedure.
Appears in 3 contracts
Sources: Investment Agreement, Investment Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this I Agreement shouldAgreement, as far as possible, be settled through the Contracting Parties shall in the first place try to settle it by negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time fail to reach a settlement of the dispute aroseby negotiation, it shall upon may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party 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. by Within two months of the manner:
(a) within sixty days after receipt of the a request for arbitration, each Contracting Party shall appoint one its 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 tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties , shall be appointed Chairman as the third arbitrator by agreement between the two arbitrators, within sixty days of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.second;
(4b) If if within the periods time limits specified in paragraph (3) of this Article the necessary appointments have in above any appointment has not been made, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice Justice, in a personal and individual capacity, to make any the necessary appointmentsappointment within thirty days. If the President considers that he is a national of either Contracting Party or a State which cannot be regarded as neutral in relation to the dispute, the appointment shall be made by the Vice-President and if he is also disqualified on the same ground the appointment shall be made by the most senior judge of the Court who is not disqualified on that ground.
(3) Except as hereinafter provided in this Article or as otherwise prevented from discharging agreed by the said functionContracting Parties, the Vice President tribunal shall determine the limits of its jurisdiction and establish its own procedure.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party shall submit a memorandum within sixty days after the tribunal is fully constituted. Replies shall be invited to make due sixty days later. The tribunal shall hold a hearing at the necessary appointments. If the Vice President is a national request of either Contracting Party, or at its discretion, within thirty days after replies were due.
(5) The tribunal shall attempt to give a written decision within thirty days after completion of the hearing or, if no hearing is held, after the date at which the replies were due. The decision shall be taken by a majority vote.
(6) The Contracting Parties may submit requests for clarification of the decision within thirty days after it is received and such clarification shall be issued within thirty days of such request.
(7) The decision of the tribunal shall be final and binding on the Contracting Parties.
(8) Each Contracting Party or if he too is prevented from discharging shall bear the said functioncosts of the arbitrator appointed by its. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President, the Member Vice-President or any other judge of the International Court of Justice next in seniority who is not a national implementing the procedures in paragraph 2(b) of either Contracting Party shall be invited to make the necessary appointmentsthis article.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 3 contracts
Sources: Investment Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled by negotiations through negotiationdiplomatic channels.
(2) If a dispute between the Contracting Parties cannot thus be settled fail to reach such settlement within six (6) months from after the ist time beginning of negotiations, the dispute arose, it shall upon the request of either Contracting Party Party, be submitted to an arbitral tribunal, in accordance with the provisions of this Article.
(3) The Arbitral Tribunal shall be constituted ad hoc, as follows: each of the Contracting Parties shall appoint one member and these two members shall propose a national of a third State as chairman to be appointed by the two Contracting Parties. The members shall be appointed within two (2) months and the chairman shall be appointed within three (3) months from the date on which either Contracting Party notifies the other that it wishes to submit the dispute to an arbitral tribunal.
(3) Such an arbitral tribunal shall be constituted for each individual case in the following way. by Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.
(4) If within the periods deadlines specified in paragraph (3) 3 of this Article the necessary appointments have in are not been madecomplied with, 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 prevented from doing so, 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 the Vice Vice-President is a also national of either Contracting Party or if he too is prevented from discharging making the said functionappointments for any other reason, the Member appointments shall be made by the member of the International Court of Justice who is next in seniority and who is not a national natinal of either Contracting Party shall be invited to make the necessary appointmentsParty.
(5) The arbitral 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 rule according to majority vote. The decisions of the tribunal shall reach its decision by a majority of votes. Such decisions shall be final and binding on both Contracting Parties. Each Contracting Contrating Party shall bear be responsible for the cost costs of its own member of the tribunal and of its representation in representatives at the arbitral proceedings; the cost . Both Contracting Parties shall assume an equal share of the Chairman expenses incurred by the chairman, as well as any other expenses. The arbitral may make a different decision regarding costs. In all other respects, the tribunal shall define its own rules of procedure.
ARTICLE 9 DISPUTES BETWEEN A CONTRACTING PARTY AND AN INVESTOR OF THE OTHER CONTRACTING PARTY
(1) Any dispute which may arise between one Contracting Party and an investor of the remaining costs other Contracting Party concerning an investment if that investor in the territory of the former Contracting Party shall be borne settled amicably through negotiations between the parties to the dispute.
(2) If such dispute cannot be settled within a period of six (6) months from the date of request for settlement, either party may submit the dispute:
(a) to the conpetent court of the Contracting Party for decision; or
(b) for conciliation or arbitration, to the International Center for the Settlement of Investments Disputes (ICSID), established under the Convention on the Settlement of Investments Disputes between States and Nationals of other States, opened for signature in equal parts Washington D. C., on March 18, 1965.
(3) 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 Contracting Parties. International Center for the Settlement of Investments Disputes.
(4) 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 enforceable on both Contracting Partiesthe parties and shall not be subject to any appeal or remedy other than that provided for in the said Convention. The tribunal award shall determine its own proceduresbe enforceable in accordance with the domestic law of the Contracting Party in whose territory the investment in question is situated.
Appears in 2 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning relating to the interpretation or application of this I Agreement shouldAgreement, as far as possible, be settled through the Contracting Parties shall in the first place try to settle it by negotiation.
(2) If a dispute between the Contracting Parties cannot thus be settled within six months from the ist time fail to reach a settlement of the dispute aroseby negotiation, it shall upon may be referred by them to such person or body as they may agree on or, at the request of either Contracting Party 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. by Within two months of the manner:
(a) within thirty days after receipt of the a request for arbitration, each Contracting Party shall appoint one its 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 tribunal. Those two members shall then select a national of a third State who on approval by the two Contracting Parties , shall be appointed Chairman as the third arbitrator by agreement between the two arbitrators, within sixty days of the tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members.second;
(4b) If if within the periods time limits specified in paragraph (3) of this Article the necessary appointments have in above any appointment has not been made, either Contracting Party may, in the absence of any other agreement, invite may request the President of the International Court of Justice Justice, in a personal and individual capacity, to make any the necessary appointmentsappointment within thirty days. If the President considers that he is a national of a state which cannot be regarded as neutral in relation to the dispute, the Vice- President or the most senior member 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 either of the Contracting Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held not later than thirty days after the tribunal is fully constituted.
(4) Except as otherwise agreed by the Contracting Parties or prescribed by the tribunal, each Contracting Party or if he shall submit a memorandum within forty five days after the tribunal is otherwise prevented from discharging the said function, the Vice President fully constituted. Replies shall be invited to make due sixty days later. The tribunal shall hold a hearing at the necessary appointments. If the Vice President is a national request of either Contracting Party, or at its discretion, within thirty days after replies are due.
(5) The tribunal shall attempt to give a written decision within thirty days after completion of the hearing or, if no hearing is held, after the date both replies are submitted. The decision shall be taken by a majority vote.
(6) The Contracting Parties may submit requests for clarification of the decision within fifteen days after it is received and such clarification shall be issued within fifteen days of such request.
(7) The decision of the tribunal shall be binding on the Contracting Parties.
(8) Each Contracting Party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal shall be shared equally by the Contracting Parties including any expenses incurred by the President or if he too is prevented from discharging the said function, the Member Vice-President or other members of the International Court of Justice next in seniority who is not a national implementing the procedures in paragraph 2 (b) of either Contracting Party shall be invited to make the necessary appointmentsthis Article.
(5) The arbitral tribunal shall reach its decision by a majority of votes. Such decisions shall be binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the tribunal and of its representation in the arbitral proceedings; the cost of the Chairman and the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of 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 own procedures.
Appears in 2 contracts
Sources: Investment Protection Agreement, Bilateral Investment Treaty
Disputes between the Contracting Parties. (1) Disputes If any dispute arises between the Contracting Parties concerning the interpretation or and application of this I Agreement shouldAgreement, the Contracting Party shall, as far as possible, be settled try to settle any such dispute through negotiationnegotiations.
(2) If such a dispute between the Contracting Parties cannot thus be settled within six months from the ist time beginning of the dispute arosedispute, it shall 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. by :
(a) Within two three months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. 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 three months from the date of appointment of the other two members.
(4b) If within any of the periods specified in paragraph (3) of this Article the necessary appointments have in 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 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 too he, too, is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party shall be invited to make the necessary appointments.
(5c) The arbitral tribunal shall apply the provisions of this Agreement, other Agreements concluded between the Contracting Parties, and the procedural standards called for by international law. It shall reach its decision by a majority of votes. Such The arbitral tribunal determines its own procedure.
(d) The decisions shall be of the tribunal are final and binding on both upon the Contracting Parties. Parties to the dispute.
(e) Each Contracting Party shall bear the cost of its own member of the 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 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 own procedures.
Appears in 2 contracts
Sources: Investment Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. (1) . Disputes between the Contracting Parties concerning the interpretation or and application of this I Agreement should, as far as possible, be settled through negotiationnegotiations.
(2) . If a the dispute between the Contracting Parties cannot thus be settled within six months from (6) months, following the ist time the dispute arosedate on which such negotiations were requested by either Contracting Party, it shall upon at the request of either Contracting 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. by Within two (2) months of the receipt of the request for arbitration, each Contracting Party shall appoint one its member of the tribunal. Tribunal Those two members shall then select a national of a third State who on approval by the two Contracting Parties shall be appointed Chairman of the tribunal. Tribunal The Chairman shall be appointed within two (2) months from the date of appointment of the other two members.
(4) . If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have in 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. appointments If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice President shall be invited to make the necessary appointments. If the Vice President is a national of either Contracting Party or if he too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party or is otherwise prevented from discharging the said function, shall be invited to make the necessary appointments.
(5) . The arbitral tribunal Arbitral Tribunal shall reach its decision by a majority of votes. Such votes The decisions of the Tribunal shall be final and binding on both Contracting Parties. Each Contracting Party shall bear the cost of its own member costs of the tribunal member appointed by that Contracting Party and of its representation in at the arbitral proceedings; proceedings Both Contracting Parties shall assume an equal share of the cost of the Chairman and Chairman, as well as any other costs The Tribunal may make a different decision regarding the remaining costs shall be borne in equal parts by the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one sharing of the two Contracting Partiescosts In all other respects, and this award shall be binding on both Contracting Parties. The tribunal the Arbitral Tribunal shall determine its own proceduresrules of procedure.
Appears in 2 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement