Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation. 2. If any dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties. 3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator. 4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on. 5. The tribunal shall reach its decision by a majority of votes. 6. The tribunals decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award. 7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties. 8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 76 contracts
Sources: Agreement on the Promotion and Protection of Investments, Agreement on the Promotion and Protection of Investments, Agreement on the Promotion and Protection of Investments
Disputes between the Contracting Parties. (1. ) Any dispute between the Contracting Parties concerning the interpretation or application of any provision of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
(2. ) If any such dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party Party, and the third, who shall be the Chairman of the tribunal, appointed by agreement of the Contracting Parties.
(3. ) Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one an arbitrator, and within two months of such appointment appointments of the two arbitrators, the Contracting Parties shall appoint the third arbitratorarbitrator who shall be the Chairman and shall not be a national of either party.
(4. ) If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, appointments and so on.
(5. ) The tribunal shall reach its decision by a majority of votes.
(6. ) The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
(7. ) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, however in its decision direct that a higher proportion of costs shall be borne by one of the two Partiesparties, and this award decision shall be binding on both Partiesparties.
8. (8) Apart from the above above, the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 8 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shallshall be settled, as far as if possible, through negotiations between the two sides. If such a dispute can not be settled through negotiation.
2. If any dispute cannot be thus settledwithin a period of 6 months from the start of negotiations, it shall upon then, at the request of either Contracting Party Party, the dispute shall be submitted to arbitration. an arbitral tribunal.
(2) The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, constituted as follows: each Contracting Party shall appoint one arbitrator; the two arbitrators propose, by mutual agreement of both parties, a president who shall be a citizen of a third country designated by the two Contracting Parties. The arbitrators shall be appointed within a period of three months and the president within two a period of five months after one party has informed the other that wants to submit the dispute to an arbitral tribunal. If arbitrators shall be appointed within the agreed period, the Contracting Party has not appointed an arbitrator agrees that it be called the Secretary General of such the United Nations. If both Contracting Parties can not agree upon the appointment of the president, they are also agreed that it be called the Secretary General of the United Nations.
(3) The arbitral tribunal shall adopt its decisions on the basis of this Agreement and other similar agreements signed by the contracting parties and by the general principles and norms of international law. The Arbitral Tribunal adopts its decisions by majority vote and its decision is final and binding. Only two arbitrators, the Contracting Parties shall appoint may make the third arbitratoraction and participate in the proceedings of the arbitral tribunal.
(4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. ) Each Contracting Party shall bear the costs of its own member expenses of the tribunal arbitrator it has appointed, and of those made by its representation in representatives to debate the arbitration proceedings and half the costs tribunal. The expenses of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of other costs shall be borne in equal parts by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the (5) The arbitral tribunal shall establish determines its own rules of procedure Article 15procedure.
Appears in 7 contracts
Sources: Investment Promotion and Protection Agreement, Investment Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
2. If any such dispute cannot be thus settled, it shall upon the request of either Contracting Party Party, be submitted to arbitration. The arbitral tribunal Arbitration Tribunal (hereinafter called "the tribunalTribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be the Chairman of the tribunalTribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal Tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators arbitrator not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal Tribunal shall reach its decision by a majority of votes.
6. The tribunals Tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining award costs. The tribunal Tribunal may, however, in its decision direct that a higher proportion of or costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 5 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. 11 . Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as if possible, be settled through negotiationdiplomatic channels.
22 . If any the dispute cannot thus be thus settledsettled within six months from the beginning of the negotiations, it shall upon the request of either Contracting Party be submitted to arbitrationan arbitration tribunal.
3 . The arbitral arbitration tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3constituted ad hoc as follows. Within two months of receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator, arbitrator and these two arbitrators shall agree upon a national of a third State as chairman. The arbitrators shall be appointed within two months of such appointment of the two arbitratorsthree months, the Contracting Parties shall appoint chairman within five months from the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitration tribunal.
4 . If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, any Party to the dispute may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointedmake any necessary appointments. If the President of the Court is a national of either Contracting any Party to this dispute or if he is unable to do sootherwise prevented from discharging the said function, the Vice-President may be invited to do so. If the Vice-President or if he is a national of either Contracting any Party or if he is unable to do sootherwise prevented from discharging the said function, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting any Party may to the dispute shall be invited to make the necessary appointments, and so on.
55 . The arbitration tribunal shall decide on the basis of respect for the law, including particularly the present Agreement and other relevant agreements existing between the two Contracting Parties and the generally acknowledged rules and principles of International law.
6 . Unless the Parties decide otherwise, the tribunal shall determine its own procedure.
7 . The tribunal shall reach its decision by a majority of votes.
6. The tribunals Such decision shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
78 . Each Contracting Party shall bear the costs of its own member cost of the tribunal arbitrator appointed by itself and of its representation in the arbitration proceedings and half the costs representation. The cost of the Chairman and chairman as well as the remaining costs. The tribunal may, however, other costs will be born in its decision direct that a higher proportion of costs shall be borne equal parts by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 5 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation.
2. If any dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 4 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, shall be settled through negotiationdiplomatic channels.
2. If any the resolution of a dispute canthrough diplomatic channels is not be thus settledpossible, it shall upon within six months, the dispute at the request of either Contracting Party may be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Such an arbitral tribunal will be established for each individual case as follows. Within two months from the date of receipt of the request for arbitrationarbitration request, each Contracting Party shall appoint one arbitrator, and within two months of such appointment member of the tribunal. These two arbitratorsmembers then determine national of a third state, who by mutual consent of the Contracting Parties shall appoint be appointed Chairman of the third arbitratorCourt. Designation of the President must take place no later than two months from the date of appointment of the other two members.
4. If the tribunal shall necessary appointments have not have been constituted made within four months the periods specified in paragraph 3 of receipt this Article, and if the Contracting Parties agree otherwise, any Contracting Party may request that a product of any necessary appointments to the President of the request for arbitration, either Contracting Party may, in the absence International Court of any other agreement, invite Justice. If the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do socarry out the above steps for other reasons, the right product will be provided with the necessary appointments Vice-President may be invited to do soChairman of the International Court of Justice. If the Vice-President of the International Court of Justice, in turn, is a national citizen of either one of the Contracting Party Parties or if he is unable to do socarry out the above actions, the Member request for work necessary appointments will be addressed to the next-highest member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so onParty.
5. The arbitral tribunal constituted under this Article shall reach its decision take decisions by a majority of votes.
6vote. The tribunals decision shall be final and the These decisions are binding on both Contracting Parties shall abide by and comply with the terms of its award.
7Parties. Each Contracting Party shall bear the costs of its own appointed member of the tribunal and of the costs associated with its representation participation in the arbitration proceedings and half proceedings; Chairman of the costs of and unaccounted costs will be divided equally between the Chairman and the remaining costsContracting Parties. The tribunal Court may, however, in its decision direct that a higher proportion of costs shall be borne by to establish one of the two PartiesContracting Parties to the large share of the costs, and this award shall the decision will be binding on both Contracting Parties.
8. Apart from The Court itself defines the above the tribunal shall establish its own rules of procedure Article 15its work under the provisions of this Agreement and international law.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. 11 . Any Disputes concerning the interpretation, application or termination of this Agreement shall be made through diplomatic channels.
2 . If a dispute between has not been resolved within six months of the date on which it has been notified in writing by one of the Contracting Parties concerning to the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation.
2. If any dispute cannot be thus settledother Contracting Party, it shall upon be submitted, at the request initiative of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties, to an ad hoc arbitration tribunal As envisaged in the following paragraphs of this Article.
33 . Within two months of receipt of the request for arbitrationThe Arbitral Tribunal shall be constituted, in each specific case, as follows: each Contracting Party shall appoint one arbitrator, an arbitrator and the two arbitrators so appointed shall agree to appoint a third-country national who shall be designated by the two Contracting Parties as President of the Arbitral Tribunal. All referees shall be appointed within two six months of such appointment the date on which one of the two arbitratorsContracting Parties has notified the other Party of their intention to submit the dispute to arbitration.
4 . If the terms of paragraph 3 of this Article have not been respected, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreementarrangements, invite request the President of the International Court of Justice to appoint make appointments. If he is a citizen of either of the arbitrator two Contracting Parties or arbitrators for other reasons he is not yet appointedable to proceed with the nomination, he will be asked for the Vice- President. If the Vice-President of the Court is either a national of either Contracting Party or if for any other reason can not make appointments, he shall be the senior member of the International Court of Justice who is not a national of both Contracting Parties to proceed to designazione.comma 3 Of this Article, the Contracting Parties may, in the absence of other arrangements, request the President of the International Court of Justice to make appointments. If he is unable a citizen of either of the two Contracting Parties or for other reasons he is not able to do soproceed with the nomination, he will be asked for the Vice-President may be invited to do soVice- President. If the Vice-President of the Court is either a national of either Contracting Party or if for any other reason can not make appointments, he is unable to do so, shall be the Member senior member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either both Contracting Party may be invited Parties to make the necessary appointments, and so ondesignate.
55 . The tribunal Arbitral Tribunal shall reach its decision decide by a majority of votes.
6vote. The tribunals decision shall Its decisions will be final and binding on the Contracting Parties shall abide by Parties. With regard to its proceedings, the Arbitral Tribunal will apply the UNCITRAL rules and comply will apply the rules of this Agreement and those of international law with regard to the terms of its award.
7. Each Contracting Party shall bear the costs of its own member subject matter of the tribunal and of its representation in the arbitration proceedings and half the costs dispute. The home of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall Arbitration will be borne by one of the two Parties, and this award shall be binding on both PartiesL'Aja (Holland).
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
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. ) Any dispute between the Contracting Parties concerning regarding the interpretation or application of this Agreement shall, as far as to the extent possible, be settled resolved through negotiationdirect consultations. Should the Contracting Parties agree on the controversial issue, a written agreement may be concluded regarding the interpretation or application of a provision of this Agreement, which shall be binding on any arbitral tribunal constituted under this Agreement.
(2. ) If any dispute the Contracting Parties cannot be thus settledreach an agreement within six months after the request for consultations, it shall the dispute shall, upon the request of either Contracting Party Party, be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
(3. Within two months of receipt of the request for arbitration, each ) Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall appoint a chairman who shall be a national of a third State. If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of since the request for arbitration, the arbitrator shall be appointed upon the request of that Contracting Party by the Secretary General of ICSID. If both arbitrators cannot agree on the choice of the chairman within two months of their appointment, the latter shall be appointed upon request of either Contracting Party mayby the Secretary General of ICSID.
(4) If the Secretary General of ICSID is prevented from carrying out the said function or is a national of one of the Contracting Parties, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointedacts as appointing authority. If the President of the International Court of Justice is prevented from carrying out the said function or is a national of either one of the Contracting Party or if he is unable to do soParties, the appointments shall be made by the Vice-President may be invited to do so. If President, and if the Vice-President latter is prevented or is a national of either one of the Contracting Party or if he is unable to do soParties, the Member appointments shall be made by the next senior member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either a Contracting Party may be invited to make the necessary appointments, and so onParty.
(5) Subject to other provisions made by the Contracting Parties, the tribunal shall determine its own procedure. The tribunal shall reach its decision by a majority decide the issues in dispute in accordance with this Agreement and other applicable rules of votesinternational law. The award of the tribunal is final and binding for each Contracting Party.
(6. The tribunals decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. ) Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs arbitral proceedings. The cost of the Chairman chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne in equal parts by one of the two Contracting Parties, and this award shall be binding on both Partiesunless the arbitral tribunal decides otherwise.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
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. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or Or application of this Agreement shall be settled Through diplomatic channels.
(2) If both Contracting Parties can not reach Agreement within six months after the beginning of the dispute between them, The dispute shall, as far as possible, be settled through negotiation.
2. If any dispute cannot be thus settled, it shall upon at the request of either Contracting Party be shall It is submitted to arbitration. The an arbitral tribunal (hereinafter called "the tribunal") shall consist consisting of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3members. Within two months of receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator, arbitrator and within two months of such appointment of the two arbitrators, arbitrators Elect a chairman who shall be a citizen of a third State.
(3) If one of the Contracting Parties shall appoint has not appointed an arbitrator or I followed the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt invitation of the request for arbitration, either other Contracting Party mayto make Such appointment within two months, in the absence arbitrator shall be Appointed at the request of any other agreement, invite the last President of the International Court of Justice to appoint Justice.
(4) If both arbitrators can not reach an agreement on Choice of chairman within two months after their appointment, The latter shall be appointed at the arbitrator or arbitrators not yet appointed. If the President is a national request of either Contracting Party Parties to the International Court of Justice.
(5) If in the cases referred to in paragraphs 3 and 4 of this Article, International Court of Justice can not, for whatever reason, Discharging the said function or if he is unable to do soa citizen of one of the Contracting Party, the Vice-President may appointment shall be invited to do so. If made by the Vice-President is a national of either Contracting Party Vice Chairman, and if the latter can not, for whatever reasons, Perform this function or if he is unable to do soa citizen of one of the Contracting Party, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority appointment shall be made by a senior Judge who is not a national citizen of either Contracting Party may be invited to make the necessary appointments, and so onParties.
5. The tribunal shall reach its decision by a majority of votes.
(6. The tribunals decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. ) Each Contracting Party shall bear the costs related to The activities of its own designated member of the tribunal court, and of its representation their participation in the arbitration proceedings and half the costs of the Arbitration. Costs related to court Chairman and Side and other expenses borne in equal parts. For all other Matters, the remaining costs. The arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish determines its own rules Procedure, unless the Contracting Parties agree otherwise.
(7) The decisions of procedure Article 15the arbitral tribunal are final and binding Execution of each Contracting Party.
Appears in 3 contracts
Sources: Investment Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation.
2. If any dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "“the tribunal"”) shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal’s decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision decision, direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 3 contracts
Sources: Investment Agreement, Agreement for the Promotion and Protection of Investments, Bilateral Investment Treaty
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation.
2. If any dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for tor arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. 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.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 3 contracts
Sources: Investment Protection Agreement, Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
2. If any such dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (( hereinafter called "“ the tribunal"” ) shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be the Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal’s decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 2 contracts
Disputes between the Contracting Parties. Relating to the Interpretation or Application of this Agreement
1. Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall, shall be settled as far as possible, be settled possible through negotiationdiplomatic channels.
2. In the absence of a settlement through diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties; this commission shall convene without undue delay at the request of the first party to take action.
3. If any dispute the joint commission cannot settle the dispute, the latter shall be thus settledsubmitted, it shall upon at the request of either Contracting Party be submitted Party, to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by an arbitration court set up as follows for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each individual case: Each Contracting Party shall appoint one arbitrator, and arbitrator within a period of two months from the date on which either Contracting Party has informed the other Party of such appointment its intention to submit the dispute to arbitration. Within a period of two months following their appointment, these two arbitrators shall appoint by mutual agreement a national of a third State as chairman of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4arbitration court. If the tribunal shall these time limits have not have been constituted within four months of receipt of the request for arbitrationcomplied with, either Contracting Party may, in the absence of any other agreement, invite shall request the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointment(s). If the President of the International Court of Justice is a national of either Contracting Party or if of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he is unable to do socannot exercise this function, the Vice-Vice- President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited requested to make the necessary appointments, and so onappointment(s).
54. The tribunal court thus constituted shall reach determine its decision own rules of procedure. Its decisions shall be taken by a majority of the votes.
6. The tribunals decision ; they shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
75. Each Contracting Party shall bear the costs resulting from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitration proceedings and half the administrative costs of the Chairman and court shall be borne equally by the remaining costsContracting Parties.
6. The tribunal may, however, in shall issue its decision direct that a higher proportion on the basis of costs shall be borne by one respect of the two Partiesuniversally accepted principles of international law, and the provisions of this award shall be binding on both PartiesAgreement, as well as the national laws.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 2 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
2. If any such dispute cannot be thus settled, it shall upon the request of either Contracting Party Party, be submitted to arbitration. The arbitral tribunal Arbitration Tribunal (hereinafter called "the tribunalTribunal") shall consist of three arbitrators, one appointed by each Contracting Contractin g Party and the third, who shall be the Chairman of the tribunalTribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal Tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators arbitrator not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal Tribunal shall reach its decision by a majority of votes.
6. The tribunals Tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining award costs. The tribunal Tribunal may, however, in its decision direct that a higher proportion of or costs shall be borne by one of the two PartiesParties , and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 2 contracts
Disputes between the Contracting Parties. 1. Any dispute Disputes arising between the Contracting Parties concerning regarding the interpretation or application of this Agreement shallshall be settled, as far much as possible, be settled through negotiationdiplomatic channels.
2. If any it is not possible to resolve this dispute cannot be thus settled, in a period of six months from the start of negotiations it shall upon is presented to an arbitration tribunal at the request of either a Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting PartiesParty.
3. Within two months of receipt of The arbitration tribunal is constituted in the request for arbitration, each following form: Each Contracting Party shall appoint one arbitratoran arbitrator and the two arbitrators shall choose together a third arbitrator from the national of other country as a president of the arbitration tribunal, the two arbitrators should been appointed within a months and within two months of such the appointment of the two arbitrators, president within four months from the date of one of the Contracting Parties shall appoint notify the third arbitratorother party of its intention to submit the dispute to an arbitration tribunal.
4. If the tribunal shall deadlines specified in paragraph 3 of this article were not have been constituted within four months of receipt respected, one of the request for arbitration, either Contracting Party may, in the absence of any other agreement, Parties may invite the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointments. If the President is a national of either the International Court of Justice holds the nationality of one of the Contracting Party Parties, or if he is was unable to do soexercise this task, the Vice-President may be invited to do so. If the Vice-President vice president is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so onif the Vice President has the nationality of one of the Contracting Parties, or if he was unable to exercise this task, the most seniority member in the international Court of Justice, which is not a national of any of the Contracting Parties is asked to do the mentioned appointments.
5. The decisions of the arbitral tribunal shall reach its decision be based on the provisions of this Agreement and the rules and principles of international law and shall be taken by a majority of votesvote, be final and binding on the Contracting Parties.
6. The tribunals decision shall be final and the Contracting Parties shall abide by and comply with the terms arbitral tribunal determines its own rules of its awardprocedure.
7. Each Contracting Party shall bear its member expenses as well as the costs of its own member of the tribunal and of its representation expenses in the arbitration proceedings and half the costs of the Chairman and the remaining costsprocess. The tribunal may, however, in its decision direct that a higher proportion of costs shall President expenses and other expenses should be borne by one of divided equally between the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 2 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. (1) Where a dispute arises concerning this Agreement, the Parties agree to consult and negotiate on any matter related to its interpretation or application. Any dispute The Parties shall accord the necessary consideration and opportunity for such consultations and negotiations. Should the Parties agree on the controversial issue, a written agreement shall be accorded between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationParties.
(2. If any ) In the event that the consultations and negotiations fail to resolve the dispute cannot be thus settled, it shall upon within a period of six months from the date of the request for consultations or negotiations, any of either Contracting the Parties may, unless they have otherwise agreed, submit the dispute to an arbitral tribunal composed of three members. Each Party be submitted to arbitrationshall appoint one arbitrator. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the thirdthird arbitrator, who shall will be the Chairman of the tribunalarbitral tribunal and a national of a third State, shall be appointed by agreement of the Contracting Partiesother two arbitrators. If any of the arbitrators are unable to perform the duties, a substituting arbitrator shall be appointed as provided for in this Article.
(3. Within two months of receipt ) Should one of the request for arbitration, each Contracting Party shall Parties fail to appoint one arbitrator, and its arbitrator within two months of such appointment of after the two arbitratorsother Party has appointed its arbitrator, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the latter Party may request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointedcorresponding appointment. If the President latter is prevented from making such appointment or is a national of either Contracting Party or if he is unable to do soParty, the Vice-Vice President may or the most senior member of the Court shall be invited to do somake such an appointment.
(4) In the event that the two arbitrators appointed by the Parties are unable to reach an agreement within two months concerning the third arbitrator, either Party may request the President of the International Court of Justice to make the corresponding appointment. If the Vice-President latter is prevented from making such an appointment or is a national of either Contracting Party or if he is unable to do soParty, the Member Vice President or the most senior member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited to make the necessary appointments, and so onsuch an appointment.
(5) The tribunal shall determine its own procedures, unless the Parties agree otherwise. The tribunal shall decide the dispute according to the Agreement and to the principles of international law. The tribunal shall reach its decision by a majority of votes.
6. The tribunals Such a decision shall be final and the Contracting Parties shall abide by and comply with the terms of its awardbinding on both Parties.
7. (6) Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs arbitral proceedings. The cost of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne in equal parts by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 2 contracts
Sources: Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. Relating to the Interpretation or Application of this Agreement
1. Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall, shall be settled as far as possible, be settled possible through negotiationdiplomatic channels.
2. In the absence of a settlement through diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties; this commission shall convene without undue delay at the request of the first party to take action.
3. If any dispute the joint commission cannot settle the dispute, the latter shall be thus settledsubmitted, it shall upon at the request of either Contracting Party be submitted Party, to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by an arbitration court set up as follows for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each individual case: Each Contracting Party shall appoint one arbitrator, and arbitrator within a period of two months from the date on which either Contracting Party has informed the other Party of such appointment its intention to submit the dispute to arbitration. Within a period of two months following their appointment, these two arbitrators shall appoint by mutual agreement a national of a third State as chairman of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4arbitration court. If the tribunal shall these time limits have not have been constituted within four months of receipt of the request for arbitrationcomplied with, either Contracting Party may, in the absence of any other agreement, invite shall request the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointment(s). If the President of the International Court of Justice is a national of either Contracting Party or if of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he is unable to do socannot exercise this function, the Vice-Vice- President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited requested to make the necessary appointments, and so onappointment(s).
54. The tribunal court thus constituted shall reach determine its decision own rules of procedure. Its decisions shall be taken by a majority of the votes.
6. The tribunals decision ; they shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
75. Each Contracting Party shall bear the costs resulting from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitration proceedings and half the administrative costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs court shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 2 contracts
Sources: Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
2. If any a dispute between the Contracting Parties cannot be thus settledsettled in this way, it shall upon be submitted, at the request of either Contracting Party be submitted to arbitrationan arbitral tribunal.
3. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of constituted for each individual case in the tribunal, appointed by agreement of the Contracting Parties.
3. Within following way: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and member of the Tribunal. These two members shall then select a national of a third State who on approval of the two Contracting Parties shall be appointed Chairman of the Tribunal. The Chairman shall be appointed within two months from the date of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitratormembers.
4. If within the tribunal shall periods specified in paragraph 3 of this Article the necessary appointments have not have been constituted within four months of receipt of the request for arbitrationmade, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointments. If the President is a national of either Contracting Party or if he is unable for any reason to do socarry out those functions, the Vice-President may shall be invited to do somake the necessary appointments. If the Vice-President is a national of either Contracting Party or if he is unable to do soalso prevented from carrying out the function, the Member said member of the International Volume 2228,1-39635 Court of Justice in next in seniority authority immediately and who is not a national of either Contracting Party may shall be invited to make the necessary appointments, and so on.
5. The arbitral tribunal shall reach its decision be taken by a majority of votes.
6. The tribunals Such decision shall be final and the binding on both Contracting Parties shall abide by and comply with the terms of its award.
7Parties. Each Contracting Party shall bear the costs cost of its own member of the tribunal Tribunal and of its representation in the arbitration proceedings and half arbitral proceedings; the costs cost of the Chairman and the remaining costscosts shall be borne in equal parts by the contracting parties. The tribunal mayHowever, however, it is open to the Tribunal in its decision direct that a higher proportion of direct costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal The Tribunal shall establish draw up its own rules of procedure Article 15procedure.
Appears in 2 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of this the present Agreement shallshall be settled, as far as possible, be settled through negotiation.
2negotiations between the two Contracting Parties. If any the dispute cannot be thus settledsettled within a time of six months after the commencement of negotiations, it shall then, upon the request of either Contracting Party it shall be submitted to arbitrationan arbitral tribunal.
2. The arbitral tribunal (hereinafter called "shall be constituted for each individual case, in the tribunal") shall consist of three arbitrators, one appointed by following way: each Contracting Party appoints one arbitrator; the two arbitrators propose, by mutual agreement, a Chairman who should be a citizen of a third State who will be appointed Chairman with the approval of the two Contracting Parties. The arbitrators shall be appointed within three months and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two within five months of after receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
43. If within the tribunal shall periods specified in paragraph (2) the respective appointments have not have been constituted within four months of receipt of the request for arbitrationmade, either Contracting Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointments. If the President of the International Court of Justice is a national citizen of one of the Contracting Parties or he is prevented from discharging the said function, the respective appointments shall be made by the Vice President of the International Court of Justice. If the Vice President is a citizen of either of the Contracting Party Parties or if he too is unable to do soprevented from discharging the said function, the Vice-President may respective appointments shall be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, made by the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national citizen of either Contracting Party may be invited to make the necessary appointments, and so onParty.
54. The arbitral tribunal shall reach its decision shall, by a majority of votes.
6, reach its decision on the basis of the provisions of the present Agreement and other agreements between the two Contracting Parties, where relevant, and on the general principles and rules of international law. The tribunals Such decision shall be final and the binding on both Contracting Parties shall abide by and comply with the terms of its awardParties.
75. Each Contracting Party shall bear the costs of its own member cost of the tribunal arbitrator it has appointed and of [of] its representation representations in the arbitration proceedings and half arbitral proceedings; the costs cost of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne in equal parts by one of the two Parties, and this award shall be binding on both Contracting Parties.
86. Apart from the above the tribunal The Tribunal shall establish determine its own rules of procedure Article 15procedure.
Appears in 2 contracts
Sources: Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1. Any dispute between the Contracting Parties ) Disputes concerning the interpretation or application implementation of this Agreement shall, as far as possible, shall if possible be settled through negotiation.
2. If any dispute cannot be thus settled, it shall upon diplomatic negotiation between the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement Governments of the Contracting Parties.
(2) If the Contracting Parties are unable to reach an agreement, the dispute shall, upon request of either Contracting Party, be submitted to an arbitral tribunal composed of three members. Each Contracting Party shall appoint one arbitrator and these two arbitrators shall nominate a third arbitrator as Chairman who shall be a national of a third State.
(3. Within ) If either Contracting Party has not appointed its arbitrator within two months of the receipt of the request for arbitration, each that arbitrator shall be appointed, upon the request of the other Contracting Party shall appoint one arbitratorParty, and by the President of the International Court of Justice.
(4) If the two arbitrators are unable to reach an agreement on the choice of the third arbitrator within two months of such after the appointment of the two arbitratorssecond, the third shall be appointed, upon the request of either Contracting Parties shall appoint Party, by the third arbitratorPresident of the International Court of Justice.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may(5) If, in the absence cases specified under paragraphs (3) and (4) of any other agreementthis Article, invite the President of the International Court of Justice to appoint is prevented from carrying out the arbitrator said function or arbitrators not yet appointed. If the President if he is a national of either Contracting Party Party, the appointment shall be made by the Vice-President, and if the latter is prevented from carrying out the said function or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do soParty, the appointment shall be made by the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so onParty.
5. (6) Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure.
(7) The tribunal shall reach its decision by a majority of votes.
6. The tribunals votes and such decision shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
7. (8) Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs proceedings. The cost of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne in equal parts by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 2 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through through; negotiation.
2. If any dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter I called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the The two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt | of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national citizen of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national citizen of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national citizen of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above above, the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 2 contracts
Sources: Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall, should as far as possible, possible be settled through negotiationnegotiations between the Contracting Parties.
(2. ) If any such a dispute canhas not be thus settledbeen settled within three months after the start of negotiations, it shall upon the request of either Contracting Party be submitted to arbitration. The an arbitration tribunal.
(3) Such an arbitral tribunal (hereinafter called "constituted for each individual case in the tribunal") shall consist following way: Within three months of three arbitrators, one appointed by receiving the arbitration request designate each Contracting Party and a member of the thirdtribunal. Those two members shall then elect a national of a third country, who as with the Contracting Parties approval shall be appointed Chairman of the tribunal, . Chairman shall be appointed by agreement within three months from the date of appointment of the Contracting Partiesother two members.
3. Within two months of receipt of (4) If the request for arbitrationnecessary appointments have not been made within the specified deadlines, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointments. If the President is a national of either Contracting Party State or if he is unable to do soprevented from discharging the said function, the Vice-President may be invited deputy's Office requested to do somake the necessary appointments. If the Vice-Vice President is a national of either Contracting Party State or if he too is unable to do soprevented from discharging the said function, the Member member of the International Volume 2228,1-39635 Court of Justice Justice, which is the next in seniority who is not a national of either a Contracting Party may be invited State urged to make the necessary appointments, and so on.
(5. ) The arbitral tribunal shall reach apply the provisions of this Agreement, other Agreements concluded between the contracting parties and the applicable principles of international law. It shall take its decision by a majority of votes.
6vote. The tribunals Such decision shall be final and the Contracting Parties binding on both parties. The arbitral tribunal shall abide by and comply with the terms determine its own rules of its awardprocedure.
7. (6) Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs proceedings. The cost of the Chairman chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of other costs shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 2 contracts
Sources: Investment Protection Agreement, Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled with consultation through negotiationdiplomatic channels.
2. If any a dispute cannot thus be thus settledsettled within six months, it shall shall, upon the request of either Contracting Party Party, be submitted to arbitrationarbitration proceedings under the UNCITRAL Arbitration Rules.
3. The arbitral tribunal (hereinafter called "the tribunal") shall consist be comprised of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of the receipt of the request for written notice requesting arbitration, each Contracting Party shall appoint one arbitrator. Those two arbitrators shall in turn, and within two months months, together select a national of such appointment a third State having diplomatic relations with both Contracting Parties as Chairman of the two arbitrators, the Contracting Parties shall appoint the third arbitratorarbitral tribunal.
4. If the arbitral tribunal shall has not have been constituted within four months of from the receipt of the request for written notice requesting arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointedmake any necessary appointments. If the President is a national of either Contracting Party or if he is unable to do so, otherwise prevented from discharging the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do sosaid functions, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may or is not otherwise prevented from discharging the said functions shall be invited to make the such necessary appointments, and so on.
5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision award in accordance with the provisions of this Agreement and the principles of international law recognised by both Contracting Parties.
6. The arbitral tribunal shall reach its award by a majority of votes.
6. The tribunals decision Such award shall be final and binding upon both Contracting Parties. The arbitral tribunal shall, upon the request of either Contracting Parties shall abide by and comply with Party, explain the terms reasons of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal appointed arbitrator and of its representation in the arbitration proceedings and half the arbitral proceedings. The relevant costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne in equal parts by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 2 contracts
Sources: Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationnegotiations.
2. If any dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the an arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party Partys State or if he is unable to do somake the necessary appointments because of any other reason, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party Partys State or if he is unable to do somake necessary appointments because of any other reason, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal 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 PartiesPatties.
8. Apart from the above above, the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 2 contracts
Sources: Investment Agreement, Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, shall be settled through negotiationdiplomatic channels. If a dispute between the Contracting Parties cannot be resolved through diplomatic channels within six months of its commencement, upon the request of one of the Contracting Parties the same shall be submitted to the judgment of an arbitral tribunal.
2. If any dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by will be constituted for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3specific case as follows. Within two months of after receipt of the request for arbitration, each Contracting Party shall appoint one an arbitrator, and . The two arbitrators so appointed shall select a national of a third state who shall be appointed chairman of the arbitral tribunal upon the approval of the two Contracting Parties. The chairman shall be appointed within two months from the date of such appointment of the other two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4members. If the tribunal shall not have been constituted within four months of receipt in none of the request for arbitrationperiods specified above have the appointments in question taken place, either Contracting Party may, in the absence of any other agreementarrangements, invite the president of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either one of the Contracting Party Parties or if he is unable to do sootherwise prevented from performing that duty, the Vice-necessary appointments shall be made by the Vice President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice. If he is also in one of the impending situations recalled in this paragraph the appointments will be made by the most senior member of the International Court of Justice next in seniority who is not a national of either one of the Contracting Party may be invited to make the necessary appointments, and so onParties.
53. The arbitral tribunal shall reach its decision will apply the provisions of this Agreement and other agreements that may have been concluded between the Contracting Parties and the rules of general international law. It will decide by a majority of votes.
6vote. The tribunals decision shall will be final and the binding on both Contracting Parties shall abide by and comply with the terms of its awardParties.
74. Each Contracting Party shall bear the costs of expenses related to its own tribunal member of the tribunal and of as well as to its representation in the arbitration proceedings and half proceedings. Expenses related to the costs chairman of the Chairman arbitral tribunal and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs expenses shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
85. Apart from the above the The arbitral tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Agreement on the Mutual Promotion and Guarantee of Capital Investment
Disputes between the Contracting Parties. (1. ) Any dispute arising between the Contracting Parties concerning the interpretation or application of this the present Agreement shall, as far as if possible, be settled by the Governments of the two Contracting Parties, through negotiationdiplomatic channels.
(2. ) If any a dispute cannot be thus settledsettled in this way within six months, it shall upon the counted from the date in which one of the Contracting Parties to the dispute has promoted, be submitted to an arbitral tribunal at the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
(3) The Arbitral Tribunal shall be constituted on an ad hoc basis. Within two months of receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitratormember, and within two months of such appointment of the two arbitratorsmembers shall agree to elect as their President a national of a third State who shall be appointed by the Governments of both Contracting Parties. The members shall be appointed within a period of two months, the President shall, within three months, after one of the Contracting Parties shall appoint have informed the third arbitratorother that they wish to submit the dispute to an arbitral tribunal.
(4. ) If the tribunal shall time limits provided for in paragraph (3) are not have been constituted within four months of receipt of the request for arbitrationcomplied with, either Contracting Party may, and in the absence of any other agreementarrangement, invite the each Party The President of the International Court of Justice may be invited by the Contracting Party to appoint the arbitrator or arbitrators not yet appointedconduct necessary appointments. If the President is a national of either Contracting Party or if he is unable to do so, one of the Parties If the Vice-President may is unable to attend or is prevented from attending for any other reason, he shall be invited to do soresponsible for appointments. If the Vice-President is also a national of either one of the Contracting Party Parties, or if he is unable to do so, the Member If a member of the International Volume 2228,1-39635 Court is also prevented from attending, it is up to the member of Justice next in seniority the Court who immediately The appointments must be made by a member of the hierarchy who is not a national of either one of the Contracting Party may be invited to make the necessary appointments, and so onParties.
(5. ) The arbitral tribunal shall reach take its decision decisions by a majority of votes.
6vote. The tribunals decision Its decisions shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7binding. Each Contracting Party shall bear the costs expenses incurred in the work of its own member arbitrator and the expenses of the tribunal and of its their representation in the arbitration proceedings and half the costs proceedings. The expenses of the Chairman and Chairman, as well as the remaining costs. other The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne equally by the two Contracting Parties. The arbitral tribunal will determine its own procedure.
(6) None of the Contracting Parties shall offer diplomatic protection or avail itself of an international claim for a dispute between one of its nationals and the two Partiesother Contracting Party submitted to a competent court of the receiving State or to a competent international court of arbitration, and as provided for in Article 11 of this award shall be binding on both PartiesConvention, unless the other Contracting Party does not comply with or comply with the judgment or award.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties Parties, concerning the interpretation or and application of this Agreement shallthe present Agreement, should, as far as possible, be settled through negotiationnegotiations between the two Parties.
(2) The arbitral tribunal is constituted in the following way; each Contracting Party appoints one arbitrator; the two arbitrators propose, by mutual agreement, to both Parties, a Chairman who should be a citizen of a third State, designated by the two Contracting Parties. The arbitrators arc appointed within three months and the Chairman within five months, from the date one of the Contracting Parties informed the other that it intends to submit the dispute to an arbitral tribunal. If any dispute the arbitrators are not appointed within the agreed period, the Contracting Party failing to appoint its arbitrator agrees that he would be appointed by the Secretary General of the United Nations. If the two Contracting Parties cannot be thus settledreach agreement on the appointment of the Chairman, it shall upon they also agree that he were appointed by the request Secretary General of either the United Nations.
(3) The arbitral tribunal reaches its decisions on the basis of the provisions of the present Agreement and of othnr similar agreements concluded by the Contracting Party be submitted to arbitrationParties as well as on the general principles and rules of the international law. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach reaches its decision decisions by a majority of votesvotes and its decision is final and binding. Only the two Contracting Parties can submit suits to the arbitral tribunal and participate in the proceedings.
6. The tribunals decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. (4) Each Contracting Conracting Party shall bear bears the costs of the arbitrator it has appointed and on its own member of the tribunal and of its representation representations in the arbitration proceedings and half the costs arbitral proceedings. The cost of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne in equal parts by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the (5) The arbitral tribunal shall establish determines its own rules of procedure Article 15.procedure,
Appears in 1 contract
Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, as far as if possible, be settled through negotiationthe diplomatic channel.
(2. ) If any a dispute between the Contracting Parties cannot thus be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The an arbitral tribunal.
(3) Such an arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of constituted for each individual case in the tribunal, appointed by agreement of the Contracting Parties.
3. Within following way: within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and 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 such appointment of the other two arbitrators, the Contracting Parties shall appoint the third arbitratormembers.
(4. ) If within the tribunal shall period specified in paragraph (3) of this Article the necessary appointments have not have been constituted within four months of receipt of the request for arbitrationmade, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointedmake any necessary appointments. If the President is a national of either Contracting Party or if he is unable to do sootherwise prevented from discharging the said functions, the Vice-President may shall be invited to do somake the necessary appointments. If the Vice-Vice- President is a national of either Contracting Party or if he also is unable to do soprevented from discharging the said function, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited to make the necessary appointments, and so onappointment's.
(5. ) The arbitration tribunal shall reach its decision primarily on the basis of the provisions of this Agreement as well as of the generally accepted principles and rules of international law.
(6) The arbitral tribunal shall reach its decision by a majority of votes.
6. The tribunals Such decision shall be final and the binding on both Contracting Parties shall abide by and comply with the terms of its award.
7Parties. Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs arbitral proceedings. The cost of the Chairman and the remaining costscosts 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.
8. Apart from the above the The tribunal shall establish determine its own rules of procedure Article 15procedure.
Appears in 1 contract
Disputes between the Contracting Parties. 11 . Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as if possible, be settled through negotiationdiplomatic channels.
22 . If any the dispute cannot thus be thus settledsettled within six months from the beginning of the negotiations, it shall shall, upon the request of either Contracting Party be submitted to arbitrationan arbitration tribunal.
3 . The arbitral arbitration tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunalconstituted ad hoc as follows, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator, arbitrator and these two arbitrators shall agree upon a national of a third State as chairman. The arbitrators shall be appointed within two months of such appointment of the two arbitratorsthree months, the Contracting Parties shall appoint chairman within five months from the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, date on which either Contracting Party has informed the other Contracting Party that it intends to submit the dispute to an arbitration tribunal.
4 . If within the periods specified in paragraph 3 of this Article the necessary appointments have not been made, any Party to the dispute may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointedmake any necessary appointments. If the President of the Court is a national of either Contracting Party any party to this dispute or if he is unable to do sootherwise prevented from discharging the said function, the Vicevice-President may be invited to do so. If the Vice-President or if he is a national of either Contracting any Party or if he is unable to do sootherwise prevented from discharging the said function, the Member of the International Volume 2228,1-39635 one Court of Justice next in seniority who is not a national of either Contracting Party may any party to the dispute shall be invited to make the necessary appointments, and so on.
55 . The arbitration tribunal shall decide on the basis of respect for the law, including particularly the present Agreement and other relevant agreements existing between the two Contracting Parties and the generally acknowledged rules and principles of international law.
6 . Unless the Parties decide otherwise, the tribunal shall determine its own procedure.
7 . The tribunal shall reach its decision by a majority of votes.
6. The tribunals Such decision shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardparties.
78 . Each Contracting Contracting-Party shall bear the costs of its own member cost of the tribunal arbitrator appointed by itself and of its representation in the arbitration proceedings and half the costs representation. The cost of the Chairman and chairman as well as the remaining costs. The tribunal may, however, other coats will be born in its decision direct that a higher proportion of costs shall be borne equal parts by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, shall be settled through negotiationdiplomatic channels.
2. If any the Contracting Parties fail to reach an agreement within twelve months after the dispute cannot has arisen between them, the dispute shall be thus settledreferred, it shall upon at the request of either Contracting Party be submitted to arbitration. The arbitral an arbitration tribunal (hereinafter called "the tribunal") shall consist consisting of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3members. Within two months of receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator, the two arbitrators shall elect a chairman of the court, which must be a citizen of a third State.
3. If one of the Contracting Parties has not appointed its arbitrator and has not responded to the invitation of the other Contracting Party to make such appointment within two months from the date of such appointment transmission of the two arbitratorsnotification of the dispute to an arbitration tribunal, the arbitrator shall be appointed at the request of the second Contracting Parties shall appoint Party, President of the third arbitratorInternational Court, established by the United Nations Charter as the principal judicial organ of the United Nations (hereinafter - the International court of Justice).
4. If both arbitrators can not reach an agreement about the choice of the Chairman of the tribunal shall not have been constituted within four two months of receipt their appointment, the Chairman shall be appointed at the request of either Contracting Party, by the President of the request for arbitration, either Contracting Party mayInternational Court.
5. If, in the absence cases provided for in paragraphs 3 and 4 of any other agreementthis Article, invite the President of the International Court of Justice to appoint can not perform the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party said function or if he is unable to do soa citizen of either Contracting Party, the appointment shall be made Vice-President may be invited to do soChairman. If the Vice-Vice President also can not do this or he is a national citizen of either Contracting Party or if he is unable to do soParty, the Member appointment shall be made the next most senior member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national citizen of either any of the Contracting Party may Parties. Appointment of Chairman shall be invited held within three months from the date of referral to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority International Court of votesJustice.
6. The tribunals decision A tribunal established under this article shall be final and the take decisions by majority vote. These decisions are binding on both Contracting Parties shall abide by and comply with the terms of its award.
7Parties. Each Contracting Party shall bear the costs of its own appointed member of the tribunal and of the costs associated with its representation participation in the arbitration proceedings and half the costs proceedings. Chairman of the Chairman court costs associated with its participation in the arbitration proceedings, and other costs related to the remaining costsconsideration of the dispute, will be divided equally between the Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of Court itself defines the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15their work.
Appears in 1 contract
Sources: Investment Protection Agreement
Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, shall be settled through negotiationdiplomatic channels.
(2. ) If the resolution of any dispute canthe above manner is not be thus settledpossible, it shall upon the dispute at the request of either Contracting Party may be submitted to arbitration. The .
(3) Such an arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by will be established for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3individual case as follows. Within two months from the date of receipt of the request for arbitrationarbitration request, each Contracting Party shall appoint one arbitrator, and within two months of such appointment member of the tribunal. These two arbitratorsmembers then determine national of a third state, who by mutual consent of the Contracting Parties shall appoint be appointed Chairman of the third arbitratorCourt. Designation of the President must take place no later than two months from the date of appointment of the other two members.
(4) If the necessary appointments have not been made within the periods specified in Paragraph (3) of this Article, and if the Contracting Parties agree otherwise, any Contracting Party may request that a product of any necessary appointments to the President of the International Court of Justice. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party Party, or if he is unable to do socarry out the above steps for other reasons, the right product will be provided with the necessary appointments Vice-President may be invited to do soChairman of the International Court of Justice. If the Vice-President Chairman International Court of Justice, in turn, is a national citizen of either one of the Contracting Party Parties or if he is unable to do socarry out the above actions, the Member request for the necessary work assignments will be addressed next in age of members of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so onParty.
(5) The arbitral tribunal established under this Article shall take Decisions by majority vote. The tribunal shall reach its decision by a majority of votes.
6. The tribunals decision shall be final and the These decisions are binding on both Contracting Parties shall abide by and comply with the terms of its award.
7Parties. Each Contracting Party shall bear the costs of its own appointed member of the tribunal and of the costs associated with its representation participation in the arbitration proceedings and half proceedings; Chairman of the costs of and unaccounted costs will be divided equally between the Chairman and the remaining costsContracting Parties. The tribunal Court may, however, in its decision direct that a higher proportion of costs shall be borne by to establish one of the two PartiesContracting Parties to the large share of the costs, and this award shall the decision will be binding on both Contracting Parties.
8. Apart from The Court itself defines the above the tribunal shall establish its own rules of procedure Article 15their work.
Appears in 1 contract
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
2. If any such dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "“the tribunal"”) shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be the Chairman of the tribunal, ; appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. so If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shallshall be settled, as far as if possible, be settled through negotiationby diplomatic channels.
2. If any the dispute cannot be thus settledsettled in this way within six months from the start of negotiations, it shall upon submitted to an arbitral tribunal at the request of either Contracting Party be submitted to arbitrationParty.
3. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each constituted ad hoc as follows: Each Contracting Party shall appoint one arbitratorarbitrator and the two arbitrators shall, by agreement between them, designate a third-country national with whom both Contracting Parties have diplomatic relations as chairman: The arbitrators shall be appointed within three months and the President within two five months of such appointment of the two arbitrators, date on which the Contracting Parties shall appoint Party has notified the third arbitratorother Contracting Party of its intention to refer the dispute to the arbitral tribunal.
4. If If, within the tribunal shall time limits referred to in paragraph 3 of this Article, the necessary appointments have not have been constituted within four months of receipt made, any of the request for arbitration, either Contracting Party Parties may, in the absence of any other agreement, invite request the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointments. If the President of the Court is a national of either one of the Contracting Party Parties or if he is unable to do sootherwise prevented from exercising that duty, the Vice-President may shall be invited required to do so. If make the Vice-President necessary appointments if he is a national of either a Contracting Party or if he is unable to do otherwise prevented from doing so, the Member . a member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either a Contracting Party may be invited to make the necessary appointments, and so onParty.
5. The arbitral tribunal shall reach its decision by a majority decide in accordance with the law and in particular ts under this Agreement and other relevant agreements existing between the Parties and the generally accepted rules and principles of votesinternational law.
6. The tribunals decision tribunal shall be final and determine its own procedure, unless the Contracting Parties shall abide by and comply with the terms of its awarddecide otherwise.
7. The tribunal shall render its decision by majority. The decision is final and binding on the Parties.
8. Each Contracting Party shall bear the costs of its own member of the tribunal and arbitrator appointed by it as well as of its representation in the arbitration proceedings and half the representation. The costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of chairman as well as any other costs shall be borne equally by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Reciprocal Promotion and Protection of Investments Agreement
Disputes between the Contracting Parties. RELATING TO THE JNTERPRETATION OR APPLICATION OF THIS AGREEMENT.
1. Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall, shall be settled as far as possible, be settled possible through negotiationdiplomatic channels.
2. If any the absence of a settlement trough diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties; this commission shall convene without undue delay at the request of the first party to take action.
3. If the joint commission cannot settle the dispute, the latter shall be thus settledsubmitted, it shall upon at the request of either Contracting Party be submitted Party, to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by an arbitration court set up as follows for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each individual case: Each Contracting Party shall appoint one arbitrator, and arbitrator within a period of two months from the date on which either Contracting Party has informed the other Party of such appointment its intention to submit the dispute to arbitration. Within a period of two months following their appointment, these two arbitrators shall appoint by mutual agreement a national of a third State as chairman of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4arbitration court. If the tribunal shall these time limits have not have been constituted within four months of receipt of the request for arbitrationcomplied with, either Contracting Party may, in the absence of any other agreement, invite shall request the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointment(s). If the President of the International Court of Justice is a national of either Contracting Party or if of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he is unable to do socannot exercise this function, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited requested to make the necessary appointments, and so onappointment(s).
54. The tribunal court thus constituted shall reach determine its decision own rules of procedure. Its decisions shall be taken by a majority of the votes.
6. The tribunals decision ; they shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
75. Each Contracting Party shall bear the costs resulting, from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitration proceedings and half the administrative costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs court shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as whenever possible, be settled through negotiationthe diplomatic channel.
(2. ) If any the dispute cannot be thus settledsettled between the Contracting Parties through the diplomatic channel, it shall upon shall, at the request of either Contracting Party Party, be submitted referred to arbitration. an arbitral tribunal.
(3) The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of constituted separately for each case in the tribunal, appointed by agreement of the Contracting Parties.
3following manner. Within two months of receipt of after receiving the request for arbitration, each Contracting Party shall appoint one arbitrator. The two arbitrators shall then select a national of a third State who, and upon approval by the two Contracting Parties, shall be appointed chairman of the arbitral tribunal. The chairman shall be appointed within two months from the date of such appointment of the other two arbitrators, members of the Contracting Parties shall appoint the third arbitratorarbitral tribunal.
(4. ) If within the tribunal shall periods specified in paragraph 3 of this article the necessary appointments have not have been constituted within four months of receipt of the request for arbitrationmade, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointments. If the President is a national of either Contracting Party Party, or if he is for any reason unable to do soact, the Vice-President may of the International Court shall be invited to do somake the necessary appointments. If the Vice-President is a national of either Contracting Party Party, or if he is also unable to do soact, the Member member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may and who is unable to act shall be invited to make the necessary appointments, and so on.
(5. ) The arbitral tribunal shall reach its decision by a majority of votes.
6vote. The tribunals decision of the arbitral tribunal shall be final and the binding on both Contracting Parties. The Contracting Parties shall abide by and comply with bear the terms of its award.
7costs related to the chairman equally. Each Contracting Party shall bear the costs of its own member of related to the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costsarbitrator appointed by it. The arbitral tribunal may, however, in its decision direct rule that a higher proportion larger share of the costs shall be borne by one of the two Parties, Contracting Parties and this award that ruling shall be binding on both Contracting Parties.
8. Apart from the above the The tribunal shall establish decide on its own rules of procedure Article 15procedure.
1 United Nations, Official Records of the General Assembly, Thirty first Session, Supplement No. 17 (A/31/17), p. 34. Vol. 2012, 1-34523 136 United Nations — Treaty Series. Nations Unies — Recueil des Trails 1998
Appears in 1 contract
Sources: Investment Protection Agreement
Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, as far as if possible, be settled through negotiationthe diplomatic channel.
(2. ) If any a dispute between the Contracting Parties cannot thus be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The an arbitral tribunal.
(3) Such an arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of constituted for each individual case in the tribunal, appointed by agreement of the Contracting Parties.
3following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and 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 such appointment of the other two arbitrators, the Contracting Parties shall appoint the third arbitratormembers.
(4. ) If within the tribunal shall periods specified in paragraph (3) of this Article the necessary appointments have not have been constituted within four months of receipt of the request for arbitrationmade, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointedmake any necessary appointments. If the President is a national of either Contracting Party or if he is unable to do sootherwise prevented from discharging the said function, the Vice-President may of the International Court of Justice shall be invited to do somake the necessary appointments. If the Vice-President is a national of either Contracting Party or if he too is unable to do soprevented from discharging the said function, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited to make the necessary appointments, and so on.
(5. ) The arbitral tribunal shall reach its decision by a majority of votes.
6. The tribunals Such decision shall be final and the binding on both Contracting Parties shall abide by and comply with the terms of its award.
7Parties. Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration proceedings and half arbitral proceedings; the costs cost of the Chairman and the remaining costscosts 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.
8. Apart from the above the The tribunal shall establish determine its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall, as far as possible, be settled through negotiation.the provisions of this
2. If any the Contracting Parties will not reach agreement within six months of the date of the dispute, the dispute cannot be thus settled, it shall upon at the request of either Contracting Party will be submitted to arbitration. The the arbitral tribunal (hereinafter called "the tribunal") shall consist consisting of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3members. Within two months of receipt of the request for arbitration, each Each Contracting Party shall appoint one arbitrator, and within two months they, in turn, elect the chairman, who shall be a citizen of such appointment a third country maintains diplomatic relations with the states of the two arbitrators, the both Contracting Parties shall appoint the third arbitratorParties.
43. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party mayfails to appoint an arbitrator and does not agree with the invitation of the second Contracting Party shall cause such appointment within two months, in the absence arbitrator shall be appointed upon the request of any other agreement, invite that Contracting Party by the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointedJustice.
4. If both arbitrators can not reach agreement on the chairman of the selection and within two months from the date of their appointment, he shall be appointed at the request of either Contracting Party by the President of the International Court of Justice.
5. If, in the cases provided for in paragraphs 3 and 4 of this Article, the President of the UN International Court of Justice by virtue of any of the reasons can not perform the said function or if he is a national of either one Contracting Party or if he is unable to do soParty, the appointment shall be made Vice-President may be invited to do soPresident. If he for any reason can not fulfill the Vice-President is a national of either Contracting Party or if he is unable to do socorresponding functions, the Member appointment will be made by the most senior rank of judge of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national citizen of either any of the Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votesParties.
6. The tribunals decision arbitral tribunal shall be final and the Contracting Parties shall abide decide by and comply with the terms of its awardmajority vote.
7. Each Contracting Party shall bear the costs of its own the member of the tribunal his court, and of in accordance with its representation share in the arbitration proceedings and half procedure, the costs of the Chairman chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of other costs shall be borne by one of the two Parties, and this award shall be binding on both PartiesContracting Parties in equal parts.
8. Apart from the above The decisions of the tribunal shall establish its own rules of procedure Article 15are final and binding for each Contracting Party.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. relating to the interpretation or application of this Agreement
1. Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall, shall be settled as far as possible, be settled possible through negotiationdiplomatic channels.
2. In the absence of a settlement through diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties ; this commission shall convene without undue delay at the request of the first party to take action.
3. If any dispute the joint commission cannot settle the dispute, the latter shall be thus settledsubmitted, it shall upon at the request of either Contracting Party be submitted Party, to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by an arbitration court set up as follows for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each individual case : Each Contracting Party shall appoint one arbitratorarbitrator within a period of three months from the date on which either Contracting Party has informed the other Party of its intention to submit the dispute to arbitration. Within a period of three months following their appointment, and within two months arbitrators shall appoint by mutual agreement a national of such appointment a third State as chairman of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4arbitration court. If the tribunal shall these time limits have not have been constituted within four months of receipt of the request for arbitrationcomplied with, either Contracting Party may, in the absence of any other agreement, invite shall request the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointment(s). If the President of the International Court of Justice is a national of either Contracting Party or if of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he is unable to do socannot exercise this function, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited requested to make the necessary appointments, and so onappointment(s).
54. The tribunal court thus constituted shall reach determine its decision own rules of procedure. Its decisions shall be taken by a majority of votes.
6. The tribunals decision the votes ; they shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
75. Each Contracting Party shall bear the costs resulting from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitration proceedings and half the administrative costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs court shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Reciprocal Promotion and Protection of Investments Agreement
Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationnegotiations.
(2. ) If any the dispute between the Contracting Parties cannot thus be thus settled, settled within six months from the time the dispute arose it shall upon at the request of either Contracting Party be submitted to arbitration. The an arbitral tribunal.
(3) Such arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of constituted for each individual case in the tribunal, appointed by agreement of the Contracting Parties.
3following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and member of the tribunal. These two members shall then select a national of a third State who upon 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 such appointment of the other two arbitrators, the Contracting Parties shall appoint the third arbitratormembers.
(4. ) If within the tribunal shall periods specified in Paragraph (3) of this Article the necessary appointments have not have been constituted within four months of receipt of the request for arbitrationmade, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointedmake any necessary appointments. If the President is a national of either Contracting Party or if he is unable to do sootherwise prevented from discharging the said function, the Vice-President may shall be invited to do somake the necessary appointments. If the „Vice-President is a national of either Contracting Party or if he too is unable to do soprevented from discharging the said function, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited to make the necessary appointments, and so on.
(5. ) The arbitral tribunal shall reach its decision by a majority of votes.
6. The tribunals decision Such decisions shall be final and the binding on both Contracting Parties shall abide by and comply with the terms of its award.
7Parties. Each Contracting Party shall bear the costs cost of its own the member of the tribunal and arid of its representation in the arbitration proceedings and half arbitral proceedings; the costs of the Chairman chairman and the remaining costscosts 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.
8. Apart from the above the The tribunal shall establish determine its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation Interpretation or application of this Agreement shallshould, as far as if possible, be settled through negotiationnegotiations.
2. If any a dispute between the Contracting Parties cannot be thus settledsettled within six months from the date either Contracting Party requested negotiations it shall, it shall upon the request of either Contracting Party Party, be submitted to arbitrationan arbitral tribunal.
3. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, arbitrator and the arbitrators shall jointly select a 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 such appointment of the other two arbitrators, members of the Contracting Parties shall appoint the third arbitratortribunal.
4. If within the tribunal shall periods specified in paragraph 3 of this Article the necessary appointments have not have been constituted within four months of receipt of the request for arbitrationmade, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointedmake such appointments. If the President is a national citizen of the State of either Contracting Party or if he is unable to do sootherwise prevented from discharging the said function, the Vice-President may of the International Court of Justice shall be invited to do somake such appointments. If the Vice-President is a national citizen of the State of either Contracting Party or if he too is unable to do soprevented from discharging the said function, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national citizen of the State of either Contracting Party may shall be invited to make the necessary such appointments, and so on.
5. The arbitral tribunal shall reach its decision by a majority of votes.
6. The tribunals Such decision shall be final and the binding on both Contracting Parties shall abide by and comply with the terms of its award.
7Parties. Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration proceedings and half the arbitral proceedings. The costs of the Chairman and the remaining costscosts shall be borne 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 Parties.
8. Apart from the above the The tribunal shall establish determine its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdirect and meaningful negotiations.
(2. ) If any a dispute cannot be thus settled, settled within six months it shall upon the request of either Contracting Party be submitted to arbitration. The an arbitral tribunal.
(3) Such arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, constituted ad hoc as follows: each Contracting Party shall appoint one arbitrator, member and these two members shall agree upon a national of a third State as their chairman to be appointed by the Governments of the Contracting Parties. Such members shall be appointed within two months of such appointment of from the two arbitratorsdate one Contracting Party has informed the other Contracting Party, that it intends to submit the dispute to an arbitral tribunal, the Contracting Parties chairman of which shall appoint the third arbitratorbe appointed within two further months.
(4. ) If the tribunal shall periods specified in paragraph (3) have not have been constituted within four months of receipt of the request for arbitrationoberserved, either Contracting Party may, in the absence of any other agreementrelevant arrangement, invite the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointments. If the President is a national of either of the Contracting Party Parties or if he is unable to do sootherwise prevented from discharging the said function, the Vice-President may be invited to do so. If or in case of his inability the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may should be invited under the same conditions to make the necessary appointments, and so on.
(5. ) The tribunal shall establish its own rules of procedure.
(6) Upon determination that the Contracting Party requesting arbitration has attempted to resolve the dispute through direct and meaningful negotiation, the tribunal shall proceed to arbitrate the merits of the dispute.
(7) The arbitral tribunal shall reach its decision in virtue of the present Agreement and pursuant of the generally recognized rules of international law. It shall reach its decision by a majority of votes.
6. The tribunals ; the decision shall be final and the Contracting Parties shall abide by and comply with the terms of its awardbinding.
7. (8) Each Contracting Party shall bear the costs of its own member of the tribunal and of its legal representation in the arbitration proceedings and half proceedings; the costs of the Chairman chairman and the remaining costscosts shall be borne in equal parts by both Contracting Parties. The tribunal may, however, in its decision direct that a higher proportion determine another distribution of costs shall be borne by one of the two Parties, and this award shall be binding on both Partiescosts.
8. Apart from the above the tribunal (9) This Article shall establish its own rules not be applicable to a dispute which has been submitted to and is still before I.C.S.I.D. pursuant to Article 9 of procedure Article 15this Agreement.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
2. If any such dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be the Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-Vice President may be invited to do so. If the Vice-Vice President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
2. If any such dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "“the tribunal"”) shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be the Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-Vice President may be invited to do so. If the Vice-Vice President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Reciprocal Promotion and Protection of Investments Agreement
Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, as far as if possible, be settled through negotiationdiplomatic channels.
(2. ) If any a dispute between the Contracting Parties cannot thus be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The an arbitral tribunal.
(3) Such an arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of constituted for each individual case in the tribunal, appointed by agreement of the Contracting Parties.
3following way. Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and 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 within two months from the date of such appointment of the other two arbitrators, the Contracting Parties shall appoint the third arbitratormembers.
(4. ) If within the tribunal shall periods specified in paragraph (3) of this Article the necessary appointments have not have been constituted within four months of receipt of the request for arbitrationmade, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointedmake any necessary appointments. If the President is a national of either Contracting Party or if he is unable to do sootherwise prevented from discharging the said function, the Vice-President may shall be invited to do somake the necessary appointments. If the Vice-Vice- President is a national of either Contracting Party or if he too is unable to do soprevented from discharging the said function, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited to make the necessary appointments, and so on.
(5. ) The arbitral tribunal shall reach its decision by a majority of votes.
6. The tribunals Such decision shall be final and the binding on both Contracting Parties shall abide by and comply with the terms of its award.
7Parties. Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration proceedings and half arbitral proceedings; the costs cost of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne in equal parts by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as if possible, be settled through negotiationdiplomatic channels.
2. If any the dispute cannot thus be thus settledsettled within six months from the beginning of the negotiations, it shall shall, upon the request of either Contracting Party Party, be submitted to arbitration. The arbitral tribunal (hereinafter called "the an arbitration tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each The arbitration tribunal shall be constituted ad hoc as follows: Each Contracting Party party shall appoint one arbitrator, arbiter and these two arbiters shall agree upon a national of a third State as Chairman. The arbiters shall be appointed within two months of such appointment of the two arbitratorsthree months, the Chairman within five months from the date on which either Contracting Parties shall appoint Party has informed the third arbitratorother Contracting Party that it intends to submit the dispute to an arbitration tribunal.
4. If the tribunal shall not have been constituted within four months of receipt one of the request for arbitrationParties falls to appoint its arbiter and has not proceeded to do so within the specified period, either Contracting the other Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointments. If the two arbiters are unable to reach an agreement, in the specified period, on the choice of the third arbiter, either Party may invite the President of the International Court of Justice to make the necessary appointments.
5. If in the cases provided for in the fourth paragraph of the present Article, the president of the International Court or Justice is prevented from discharging of the said function, or is a national of either Contracting Party or if he is unable to do soParty, the Vicevice-President may president shall be invited to do somake the necessary appointments. If the Vicevice-President president is prevented from fulfilling of the said function or is a national of either Contracting Party or if he is unable to do soParty, the Member of most senior member or the International Volume 2228,1-39635 Court of Justice next in seniority available, who is not a national of either Contracting Party may Party, shall be invited to make the necessary appointments, and so on.
56. The arbitration tribunal shall decide on the basis of respecting international law, including particularly the present Agreement and other relevant agreements existing between the two Contracting Parties, as well as the generally acknowledged rules and principles of international law.
7. Unless the Parties decide otherwise, the tribunal shall determine its own procedure.
8. The tribunal shall reach its decision by a majority of votes.
6. The tribunals Such decision shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
79. Each Contracting Party shall bear the costs of its own member of the tribunal arbiter appointed by itself and of its representation in the arbitration proceedings and half the costs representatives. The cost of the Chairman and as well as the remaining costs. The tribunal may, however, other costs will be born in its decision direct that a higher proportion of costs shall be borne equal parts by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Investment Protection Agreement
Disputes between the Contracting Parties. (1. Any dispute ) Disputes between the Contracting Parties concerning the interpretation or and application of this the present Agreement shallshall be settled, as far insofar as possible, be settled through negotiation.
2by negotiations between the two Parties. If any such a dispute cannot be thus settledsettled within a period of six months from the date of the beginning of the negotiations, it shall be submitted, upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, by one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties, to an Arbitral Tribunal.
3. Within two months of receipt of the request for arbitration, (2) The Arbitral Tribunal shall be set up as follows: each Contracting Party shall appoint one arbitratordesignate an Arbitrator; those two Arbitrators shall propose, with the joint agreement of the two Parties, a Chairman who shall be a citizen of a third State, designated by the two Contracting Parties. The Arbitrators shall be appointed within a period of three months, and the Chairman within a period of five months, after one of the Contracting Parties has informed the other that it wishes to submit the dispute to an Arbitral Tribunal. If the Arbitrators are not appointed within the term agreed upon, the Contracting Party that has not appointed its Arbitrator agrees that the latter be appointed by the Secretary-General of the United Nations. If the two months of such Parties are unable to reach agreement with respect to the appointment of the two arbitratorsChairman, they similarly agree that the latter be appointed by the Secretary-General of the United Nations.
(3) The Arbitral Tribunal shall adopt its decisions on the basis of the provisions of the present Agreement and of the other similar Agreements entered into by the Contracting Parties shall appoint Parties, as well as on the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt basis of the request for arbitration, either Contracting Party may, in the absence principles and rules of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5Public Law. The tribunal Arbitral Tribunal shall reach adopt its decision decisions by a majority of votes.
6. The tribunals vote and its decision shall be final and binding. Only the two Contracting Parties shall abide by may submit cases to the Arbitral Tribunal and comply with participate in the terms of its awardproceedings.
7. (4) Each Contracting Party shall bear the costs expenses of the Arbitrator designated by it and those related to the participation of its own member of representatives in the tribunal and of its representation in the arbitration proceedings and half the costs of proceedings. The expenses related to the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs other expenses shall be borne shared equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal (5) The Arbitral Tribunal shall establish set its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation.
2. If any dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.. Oi..
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own appointed member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. relating to the interpretation or application of this Agreement
1. Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall, shall be settled as far as possible, be settled possible through negotiationdiplomatic channels.
2. In the absence of a settlement through diplomatic channels within a period of six months following the date these negotiations were requested, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties; this commission shall convene without undue delay at the request of the first party to take action.
3. If any dispute the joint commission cannot settle the dispute, the latter shall be thus settledsubmitted, it shall upon at the request of either Contracting Party be submitted Party, to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by an arbitration court set up as follows for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each individual case: Each Contracting Party shall appoint one arbitrator, and arbitrator within a period of two months from the date on which either Contracting Party has informed the other Party of such appointment its intention to submit the dispute to arbitration. Within a period of two months following their appointment, these two arbitrators shall appoint by mutual agreement a national of a third State as chairman of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4arbitration court. If the tribunal shall these time limits have not have been constituted within four months of receipt of the request for arbitrationcomplied with, either Contracting Party may, in the absence of any other agreement, invite shall request the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointment(s). If the President of the International Court of Justice is a national of either Contracting Party or if of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he is unable to do socannot exercise this function, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited requested to make the necessary appointments, and so onappointment(s).
54. The tribunal court thus constituted shall reach determine its decision own rules of procedure. Its decisions shall be taken by a majority of the votes.
6. The tribunals decision ; they shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
75. Each Contracting Party shall bear the costs resulting from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitration proceedings and half the administrative costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs court shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Reciprocal Promotion and Protection of Investments Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation. The Contracting Party intending to resolve such dispute through negotiations shall give written notice to the other of its intention.
2. If any dispute cannot be thus settledsettled within six months from the date of the notice given under paragraph 1, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter _ called "the tribunal") shall consist of three arbitrators, one appointed by bv each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator, who shall be Chairman of the tribunal.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do sootherwise prevented from discharging the said function, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do sohens prevented from discharging the said function, the Member of the International Volume 2228,1-39635 international Court of Justice next in seniority who is not a national of either Contracting Party 7 may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Protection Agreement
Disputes between the Contracting Parties. (1. ) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
(2. ) If any such dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be the Chairman of the tribunal, appointed by agreement of the Contracting Parties.
(3. ) Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
(4. ) If the tribunal shall not have ‘been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
(5. ) The tribunal shall reach establish its decision by a majority own rules of votesprocedure.
(6. ) The tribunals tribunal's decision shall be final and the Contracting Parties Partys shall abide by and comply with the terms of its award.
(7. ) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half proceedings; the costs of the Chairman and the remaining costs. 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 Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. 11 . Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall, as far as to the extent possible, be settled by the Governments of the two Contracting Parties through negotiationthe diplomatic channel.
22 . If any a dispute cannot be thus settledsettled within six months from the start of the negotiations, it shall upon shall, at the request of either of the two Contracting Party Parties, be submitted to arbitrationan arbitral tribunal.
3 . The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, constituted as follows: each Contracting Party shall appoint one arbitrator, arbitrator and these two arbitrators shall select a national of a third State as president. The arbitrators shall be appointed within two three months of such appointment and the president within five months from the date on which either of the two arbitrators, the Contracting Parties shall appoint informs the third arbitratorother Contracting Party of its intention to submit the dispute to an arbitral tribunal.
44 . If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party mayfails to appoint its arbitrator within the period specified, in the absence of any other agreement, Contracting Party may invite the President of the International Court of Justice to appoint make the necessary appointment. Where the two arbitrators are unable to agree on the appointment of a third arbitrator or arbitrators not yet appointed. If within the designated period, either Contracting Party may invite the President of the International Court of Justice to make the necessary appointment.
5 . If, in the cases provided for in paragraph 4 of this article, the President of the International Court of Justice is prevented from acting or is a national of either Contracting Party or if he is unable to do soParty, the Vice-President may shall be invited to do somake the necessary appointments. If the Vice-President is prevented from acting or is a national of either Contracting Party or if he is unable to do soParty, the Member appointments shall be made by the most senior member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so onParty.
56 . The arbitral tribunal shall issue its ruling in accordance with the law, the provisions of the present Agreement or of other Agreements in force between the Contracting Parties and the universally recognized principles of international law.
7 . Unless the Contracting Parties decide otherwise, the tribunal shall determine its one procedures.
8 . The tribunal shall reach take its decision by a majority of votes.
6. The tribunals , and such decision shall be final and the binding on both Contracting Parties shall abide by and comply with the terms of its awardParties.
79 . Each Contracting Party shall bear defray the costs of its own member expenses of the tribunal arbitrator appointed by it and of its representation in the arbitration proceedings and half the costs arbitral proceedings. The remaining expenses, including those of the Chairman and the remaining costs. The tribunal mayPresident, however, in its decision direct that a higher proportion of costs shall be borne shared equitably by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Disputes between the Contracting Parties. relating to the interpretation or application of this Agreement
1. ) Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall, shall be settled as far as possible, be settled possible through negotiationdiplomatic channels.
2) In the absence of a settlement through diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties. This commission shall convene without undue delay at the request of the first Party to take action.
3) If any dispute the joint commission cannot settle the dispute, the latter shall be thus settledsubmitted, it shall upon at the request of either Contracting Party be submitted Party, to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by an arbitration court set up as follows for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, individual case : each Contracting Party shall appoint one arbitrator, and arbitrator within a period of two months from the date on which either Contracting Party has informed the other Party of such appointment its intention to submit the dispute to arbitration. Within a period of two months following their appointment, these two arbitrators shall appoint by mutual agreement a national of a third State as chairman of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4arbitration court. If the tribunal shall if these time limits have not have been constituted within four months of receipt of the request for arbitrationcomplied with, either Contracting Party may, in the absence of any other agreement, invite shall request the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointment(s). If if the President of the International Court of Justice is a national of either Contracting Party or if of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he is unable to do socannot exercise this function, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited requested to make the necessary appointments, and so onappointment(s).
54) The Court thus constituted shall determine its own rules of procedure. The tribunal Its decisions shall reach its decision be taken by a majority of votes.
6. The tribunals decision votes ; they shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
7. 5) Each Contracting Party shall bear the costs resulting from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitration proceedings and half the administrative costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs court shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. relating to the interpretation or application of this Agreement
1. Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall, shall be settled as far as possible, be settled pos- sible through negotiationdiplomatic channels.
2. In the absence of a settlement through diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties ; this commission shall convene without undue delay at the request of the first party to take action.
3. If any dispute the joint commission cannot settle the dispute, the latter shall be thus settledsubmitted, it shall upon at the request of either Contracting Party be submitted Party, to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by an arbitration court set up as follows for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each individual case : Each Contracting Party shall appoint one arbitrator, and arbitrator within a period of two months from the date on which either Contracting Party has informed the other Party of such appointment its intention to submit the dispute to arbitration. Within a period of two months following their appointment, these two arbitrators shall appoint by mutual agreement a national of a third State as chairman of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4arbitration court. If the tribunal shall these time limits have not have been constituted within four months of receipt of the request for arbitrationcomplied with, either Contracting Party may, in the absence of any other agreement, invite shall request the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointment(s). If the President of the International Court of Justice is a national of either Contracting Party or if of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he is unable to do socannot exercise this function, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited requested to make the necessary appointments, and so onappointment(s).
54. The tribunal court thus constituted shall reach determine its decision own rules of procedure. Its decisions shall be taken by a majority of the votes.
6. The tribunals decision ; they shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
75. Each Contracting Party shall bear the costs resulting from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitration proceedings and half the administrative costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs court shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, 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. The Bilateral Commission shall determine its own procedures.
2. If any a dispute between the Contracting Parties cannot thus be thus settledsettled within six (6) months from notification of the dispute, it shall shall, upon the request of either Contracting Party Party, be submitted to arbitration. The an arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Such an arbitral tribunal shall be constituted for each individual case in the following way: Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. Those two members shall then select a national of a third State who, and 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 such appointment of the other two arbitrators, the Contracting Parties shall appoint the third arbitratormembers.
4. If If, within the tribunal shall periods specified in paragraph (3) of this Article, the necessary appointments have not have been constituted within four months of receipt of the request for arbitrationmade, either Contracting Party may, in the absence of any other agreement, agreement invite the President Chairman of the Court of Arbitration of the International Court Chamber of Justice Commerce in Paris (hereinafter the "ICC") to appoint the arbitrator or arbitrators not yet appointedmake any necessary appointments. If the President Chairman is a national of either Contracting Party Party, or if he is unable to do sootherwise pervented from discharging the said function, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member then one of the International Volume 2228,1-39635 Court of Justice next in seniority Vice- Chairmen who is not a national of either Contracting Party may shall be invited to make the necessary appointments, and so on.
5. The arbitral tribunal shall reach its decision by a majority of votes.
6. The tribunals Such decision shall be final and the binding on both Contracting Parties shall abide by and comply with the terms of its award.
7Parties. Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration proceedings and half tribunal proceedings; the costs cost of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne in equal parts by one of the two Contracting Parties, and this award shall be binding on both Parties.
8. Apart from the above the The tribunal shall establish determine its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as to the extent possible, be settled through negotiationdiplomatic channels.
2. If any the dispute cannot be thus settledso settled within six months of the commencement of negotiations, it shall upon shall, at the request of either Contracting Party Party, be submitted to arbitrationan arbitral tribunal.
3. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each constituted as follows: Each Contracting Party shall appoint one arbitratorarbitrator and these two arbitrators shall choose a citizen of a third State as chairman. The arbitrators shall be appointed within three months, and the chairman within two five months from the date on which either Contracting Party informed the other Contracting Party of such appointment of its intention to submit the two arbitrators, the Contracting Parties shall appoint the third arbitratordispute to an arbitral tribunal.
4. If the tribunal shall not have been constituted within four months of receipt one of the request for arbitrationContracting Parties has not appointed its arbitrator within the prescribed time limit, either the other Contracting Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to appoint make such appointment. In the event that two arbitrators fail to agree on the appointment of the third arbitrator or arbitrators not yet appointed. If within the prescribed period, either Contracting Party may invite the President of the International Court of Justice to make the relevant appointment.
5. If, in the cases provided for in paragraph 4 of this Article, the President of the International Court of Justice is unable to perform such function, or is a national of either any of the Contracting Party or if he is unable to do soParties, the Vice-President may shall be invited to do somake the relevant appointments. If the Vice-President is unable to perform this function or is a national of either any of the Contracting Party or if he is unable to do soParties, the Member designations shall be made by the most senior member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either any of the Contracting Party may be invited to make Parties.
6. The arbitral tribunal shall render its decision on the necessary appointmentsbasis of respect for the Law, for the rules contained in this Agreement or in other Agreements in force between the Contracting Parties, and so onfor the universally recognized principles of International Law.
57. Unless the Contracting Parties decide otherwise, the tribunal shall establish its own procedure.
8. The tribunal shall reach its decision by a majority of votes.
6. The tribunals vote, and its decision shall be final and the binding on both Contracting Parties shall abide by and comply with the terms of its awardParties.
79. Each Contracting Party shall bear the costs of its own member expenses of the tribunal arbitrator appointed by it and of those related to its representation in the arbitration proceedings and half the costs arbitral proceedings. All other expenses, including those of the Chairman and the remaining costs. The tribunal mayChairman, however, in its decision direct that a higher proportion of costs shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Disputes between the Contracting Parties. (1. ) Any dispute between the Contracting Parties concerning the interpretation or and application of this Agreement shall, as far as possible, be settled through negotiationnegotiations.
(2. ) If any such a dispute cannot be thus settledsettled within six months from the beginning of the dispute, it shall upon the request of either Contracting Party Party, be submitted to arbitrationan arbitral tribunal. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, : one appointed by each Contracting Party Party, and the third, who shall be Chairman the Chairperson of the tribunal, appointed by agreement of the Contracting Parties.
(3. ) Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one an arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
(4. ) If within any periods specified the tribunal shall necessary appointments have not have been constituted within four months of receipt of the request for arbitration, made either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-Vice- President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, appointments and so on.
(5. ) The tribunal shall reach its decision by a majority of votes.
(6. ) The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
(7. ) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman Chairperson and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Partiesparties, and this award shall be binding on both Partiesparties.
8. (8) Apart from the above above, the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. Relating to the Interpretation or Application of this Agreement
1. ) Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall, shall be settled as far as possible, be settled possible through negotiationdiplomatic channels.
2. ) In the absence of a settlement through diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties; this commission shall convene without undue delay at the request of the first party to take action.
3) If any dispute the joint commission cannot settle the dispute, the latter shall be thus settledsubmitted, it shall upon at the request of either Contracting Party be submitted Party, to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by an arbitration court set up as follows for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each individual case: Each Contracting Party shall appoint one arbitrator, and arbitrator within a period of two months from the date on which either Contracting Party has informed the other Party of such appointment its intention to submit the dispute to arbitration. Within a period of two months following their appointment, these two arbitrators shall appoint by mutual agreement a national of a third State as chairman of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4arbitration court. If the tribunal shall these time limits have not have been constituted within four months of receipt of the request for arbitrationcomplied with, either Contracting Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointment(s). If the President of the International Court of Justice is a national of either Contracting Party or if of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he is unable to do socannot exercise this function, the Vice-Vice- President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited to make the necessary appointments, and so onappointment(s).
54) The court thus constituted shall determine its own rules of procedure. The tribunal Its decisions shall reach its decision be taken by a majority of the votes.
6. The tribunals decision ; they shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
7. 5) Each Contracting Party shall bear the costs resulting from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitration proceedings and half the administrative costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs court shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, shall be settled as far as possible, be settled possible through negotiationdiplomatic channels.
2. In the absence of a settlement through diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties; this commission shall convene without undue delay at the request of the most diligent Party.
3. If any dispute the joint commission cannot settle the dispute, the latter shall be thus settledsubmitted, it shall upon at the request of either Contracting Party be submitted Party, to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by an arbitration court set up as follows for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each individual case: Each Contracting Party shall appoint one arbitrator, arbitrator and these two arbitrators shall agree upon a national of a third State as Chairman. The arbitrators shall be appointed within two months of such appointment of the two arbitratorsthree months, the Chairman within five months, from the date on which either Contracting Parties shall appoint Party has informed the third arbitrator.
4other Contracting Party that it intends to submit the dispute to an arbitration court. If the tribunal shall these time-limits have not have been constituted within four months of receipt of the request for arbitrationcomplied with, either Contracting Party may, in the absence of any other agreement, invite shall request the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointment(s). If the President of the International Court of Justice is prevented from exercising the said function, or is a national of either Contracting Party or if he is unable to do soState, the Vice-President may shall be invited to do somake the necessary appointment(s). If the Vice-President is prevented from exercising the said function, or is a national of either Contracting Party or if he is unable to do soState, the Member most senior member of the International Volume 2228,1-39635 Court of Justice next in seniority available who is not a national of either Contracting Party may State shall be invited to make the necessary appointments, and so onappointment(s).
54. The tribunal court thus constituted shall reach determine its decision own rules of procedure. Its decisions shall be taken by a majority of the votes.
6. The tribunals decision ; they shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
75. Each Contracting Party shall bear the costs resulting from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitration proceedings and half the administrative costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs court shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. (1. ) Any dispute between the Contracting Parties concerning the interpretation or and application of this Agreement shall, as far as possible, be settled through negotiationnegotiations.
(2. ) If any such a dispute cannot be thus settledsettled within six months from the beginning of the dispute, it shall upon the request of either Contracting Party Party, be submitted to arbitrationan arbitral tribunal. The arbitral tribunal (hereinafter called "“the tribunal"”) shall consist of three arbitrators, : one appointed by each Contracting Party Party, and the third, who shall be Chairman the Chairperson of the tribunal, appointed by agreement of the Contracting Parties.
(3. ) Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one an arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
(4. ) If within any periods specified the tribunal shall necessary appointments have not have been constituted within four months of receipt of the request for arbitration, made either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, appointments and so on.
(5. ) The tribunal shall reach its decision by a majority of votes.
(6. ) The tribunals tribunal’s decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
(7. ) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman Chairperson and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Partiesparties, and this award shall be binding on both Partiesparties.
8. (8) Apart from the above above, the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation.
2. If any dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. The tribunal shall apply the provisions of this Agreement and the procedural criteria provided by international law, if any. Apart from the above this, the tribunal shall establish determine its own rules of procedure Article 15procedure.
Appears in 1 contract
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation. 4 of 5 Latvijas Vestnesis ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇/body_print.php?id=211710
2. If any dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months month of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months month of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months month of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party Party, or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration proceedings and half of the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, Parties and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiation.
2. If any dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision decision, direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of the provisions of this Agreement shall, as far as possible, shall be settled through negotiationby diplomatic means.
2. If any both Contracting Parties fail to reach an agreement within twelve months of the date of the dispute, the dispute cannot shall be thus settled, it shall upon submitted to the arbitral tribunal of three members at the request of either Contracting Party be submitted to arbitrationParty. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Each Contracting Party will designate one arbitrator, and the third, elected arbitrators shall nominate a chairman who shall will be Chairman a national of the tribunal, appointed by agreement of the a non-Contracting Party with diplomatic relations with both Contracting Parties.
3. Within two months If one of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint fails to elect its arbitrator and does not join the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either other Contracting Party mayto make such a selection within two months, in the absence of any other agreement, invite arbitrator shall be appointed by the President of the International Court of Justice to appoint at the arbitrator or arbitrators not yet appointedrequest of that Contracting Party.
4. If both arbitrators cannot reach an agreement on the choice of chairman within two months of their appointment, they will be appointed by the President of the International Court of Justice at the request of either Contracting Party.
5. If, in the cases specified in paragraphs 3 and 4 of this article, the President of the International Court of Justice can not fulfill the said function or if he is a national of either one of the Contracting Party or if he is unable to do soParties, the Vice-President may be invited to do so. If the Vice-President shall designate him, and if he cannot or is a national of either one of the Contracting Party or if he is unable to do soParties, the Member appointment will be made by the oldest senior judge of the International Volume 2228,1-39635 Court of Justice next in seniority Tribunal, who is not a national of either any of the Contracting Party may be invited to make the necessary appointments, and so onParties.
56. Without prejudice to other provisions between the Contracting Parties, the tribunal shall determine its procedure. The tribunal Court shall reach its decision rule by a majority of votes.
6. The tribunals decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal arbitrator and of its representation participation in the arbitration proceedings proceedings; The costs of the chairman and half the remaining costs shall equally cover the Contracting Parties. However, the Court may, in its judgment, determine a greater share of the costs of the Chairman one Contracting Party and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award such determination shall be binding on both Contracting Parties.
8. Apart from the above Judgments of the tribunal shall establish its own rules are final and binding on each of procedure Article 15the Contracting Parties.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. relating to the interpretation or application of this Agreement
1. Any dispute between the Contracting Parties concerning relating to the interpretation or application of this Agreement shall, shall be settled as far as possible, be settled possible through negotiationdiplomatic channels.
2. In the absence of a settlement through diplomatic channels, the dispute shall be submitted to a joint commission consisting of representatives of the two Parties ; this commission shall convene without undue delay at the request of the first party to take action.
3. If any dispute the joint commission cannot settle the dispute, the latter shall be thus settledsubmitted, it shall upon at the request of either Contracting Party be submitted Party, to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by an arbitration court set up as follows for each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each individual case : Each Contracting Party shall appoint one arbitrator, and arbitrator within a period of two months from the date on which either Contracting Party has informed the other Party of such appointment its intention to submit the dispute to arbitration. Within a period of two months following their appointment, these two arbitrators shall appoint by mutual agreement a national of a third State as chairman of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4arbitration court. If the tribunal shall these time limits have not have been constituted within four months of receipt of the request for arbitrationcomplied with, either Contracting Party may, in the absence of any other agreement, invite shall request the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointment(s). If the President of the International Court of Justice is a national of either Contracting Party or if of a State with which one of the Contracting Parties has no diplomatic relations or if, for any other reason, he is unable to do socannot exercise this function, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may shall be invited requested to make the necessary appointments, and so onappointment(s).
54. The tribunal court thus constituted shall reach determine its decision own rules of procedure. Its decisions shall be taken by a majority of votes.
6. The tribunals decision the votes ; they shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardParties.
75. Each Contracting Party shall bear the costs resulting from the appointment of its own member arbitrator. The expenses in connection with the appointment of the tribunal third arbitrator and of its representation in the arbitration proceedings and half the administrative costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs court shall be borne equally by one of the two Parties, and this award shall be binding on both Contracting Parties.
86. Apart from The Agreement shall not apply to disputes relating to the above the tribunal shall establish interpretation or application of this agreement that have arisen before its own rules of procedure Article 15entry into force.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
2. If any such dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "“the tribunal"”) shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be the Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-Vice President may be invited to do so. If the Vice-Vice President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal’s decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Reciprocal Promotion and Protection of Investments Agreement
Disputes between the Contracting Parties. 1. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shallshould, as far as if possible, be settled through negotiationdiplomatic channels.
2. If any a dispute between the Contracting Parties cannot thus be thus settledsettled within six months, it shall upon the request of either Contracting Party be submitted to arbitration. The an arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Such an arbitral tribunal shall be constituted for each individual case in the following way: Within two months of the receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and 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 (2) months from the date of such appointment of the other two arbitrators, the Contracting Parties shall appoint the third arbitratormembers.
4. If within the tribunal shall periods specified in paragraph 3 of this Article the necessary appointments have not have been constituted within four months of receipt of the request for arbitrationmade, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint make the arbitrator or arbitrators not yet appointednecessary appointments. If the President is a national of either Contracting Party or if he is unable to do sootherwise prevented from discharging the said function, the Vice-President may shall be invited to do somake the necessary appointments. If the Vice-Vice- President is a national of either Contracting Party or if he too is unable to do soprevented from discharging the said function, the Member member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be shall he invited to make the necessary appointments, and so on.
5. The arbitral tribunal shall reach its decision by a majority of votes.
6. The tribunals Such decision shall be final and the binding on both Contracting Parties shall abide by and comply with the terms of its award.
7Parties. Each Contracting Party shall bear the costs cost of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs arbitral proceedings. The cost of the Chairman and the remaining costscosts 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, and this award shall be binding on both Contracting Parties.
8. Apart from the above the The tribunal shall establish determine its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Protection Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
2. If any such dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "“the tribunal"”) shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be the Chairman of the tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal’s decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher high proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled through negotiationdiplomatic channels.
2. If any such dispute cannot be thus settled, it shall upon the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be the Chairman of the tribunal, ; appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, each Contracting Party shall appoint one arbitrator, and within two months of such appointment of the two arbitrators, the Contracting Parties shall appoint the third arbitrator.
4. If the tribunal shall not have been constituted within four months of receipt of the request for arbitration, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to appoint the arbitrator or arbitrators not yet appointed. If the President is a national of either Contracting Party or if he is unable to do so, the Vice-President may be invited to do so. so If the Vice-President is a national of either Contracting Party or if he is unable to do so, the Member of the International Volume 2228,1-39635 Court of Justice next in seniority who is not a national of either Contracting Party may be invited to make the necessary appointments, and so on.
5. The tribunal shall reach its decision by a majority of votes.
6. The tribunals tribunal's decision shall be final and the Contracting Parties shall abide by and comply with the terms of its award.
7. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitration proceedings and half the costs of the Chairman and the remaining costs. The tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Parties, and this award shall be binding on both Parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15procedure.
Appears in 1 contract
Sources: Investment Agreement
Disputes between the Contracting Parties. 1. Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shall, shall be settled as far as possible, be settled through negotiationby mutual agreement.
2. If any the dispute cannot be thus settledsettled in this way within six months from the beginning of negotiations, it the dispute shall upon be submitted, at the request of either Contracting Party be submitted to arbitration. The arbitral tribunal (hereinafter called "the tribunal") shall consist of three arbitrators, one appointed by each Contracting Party and the third, who shall be Chairman of the contracting parties to an arbitration tribunal, appointed by agreement of the Contracting Parties.
3. Within two months of receipt of the request for arbitration, The arbitration tribunal shall be constituted as follows: each Contracting Party shall appoint one arbitrator, arbitrator and these two arbitrators shall elect a national of a third State as Chairman. the arbitrators shall be appointed within two three months and the Chairman within five months from the date on which either Contracting Party has informed the other of such appointment of its intention to submit the two arbitrators, the Contracting Parties shall appoint the third arbitratordispute to an arbitration tribunal.
4. If the tribunal shall not have been constituted within four months of receipt one of the request for arbitrationContracting Parties has not appointed its arbitrator within the deadline, either the other Contracting Party may, in the absence of any other agreement, may invite the President of the International Court of Justice to appoint make the appointment. if the two arbitrators cannot reach an agreement on the appointment of the third arbitrator or arbitrators not yet appointedwithin the prescribed period, either Contracting Party may invite the President of the International Court of Justice to make the appointment.
5. If in the cases referred to in paragraph 4 above, the President of the International Court of Justice cannot discharge the said function or is a national of either Contracting Party or if he is unable to do soParty, the Vice-President may shall be invited to do somake the necessary appointments. If if the Vice-President cannot discharge the said function or is a national of either Contracting Party or if he is unable to do soParty, the Member appointment shall be made by the most senior member of the said Court who is not a national of any party contratantes.párrafo 4 above, the President of the International Volume 2228,1-39635 Court of Justice next in seniority cannot discharge the said function or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. if the Vice- President cannot discharge the said function or is a national of either Contracting Party, the appointment shall be made by the most senior member of the said Court who is not a national of either of the Contracting Party may be invited to make the necessary appointments, and so onParties.
56. The arbitral tribunal established under this section shall decide the dispute in accordance with this Agreement and applicable rules and principles of international law.
7. Unless the Contracting Parties decide otherwise, the tribunal shall determine its own procedure.
8. The tribunal shall reach its decision by a majority of votes.
6. The tribunals decision votes and it shall be final and binding on the Contracting Parties shall abide by and comply with the terms of its awardcontracting parties.
79. Each Contracting Party shall bear the costs of its own member of the tribunal arbitrator appointed by it and of its representation in the arbitration proceedings and half arbitral proceedings. the costs of other expenses, including the Chairman and the remaining costs. The tribunal mayPresident, however, in its decision direct that a higher proportion of costs shall be borne in equal parts by one of the two Parties, and this award shall be binding on both Partiescontracting parties.
8. Apart from the above the tribunal shall establish its own rules of procedure Article 15.
Appears in 1 contract
Sources: Investment Agreement