Common use of Disputes between the Contracting Parties Clause in Contracts

Disputes between the Contracting Parties. (1) Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled by negotiations between the Governments of the two Contracting Parties. (2) If the dispute cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunal. (3) The arbitration tribunal shall be set up from case to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed within two months, and the chairman within four months, from the date either Contracting Party has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. (5) If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. (6) The arbitration tribunal shall reach its decision by a majority of votes, the decision being final and binding on the Contracting Parties. Each Contracting Party shall bear the cost of the member appointed by that Contracting Party as well as the costs for its representation in the arbitration proceedings; the cost of the chairman as well as any other costs shall be borne in equal parts by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itself.

Appears in 3 contracts

Sources: Investment Protection Agreement, Investment Agreement, Bilateral Investment Treaty

Disputes between the Contracting Parties. (1) Any dispute Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement shall, if possible, shall be settled by negotiations between the Governments of the two Contracting Partiesthrough diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute cannot thus be settled within six monthsbetween themselves, following the date on which such negotiations were requested by it shall, upon request of either Contracting Party, it be submitted to an arbitral tribunal of three members. Each Contracting Party shall at appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a national of a third State. (3) If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of that Contracting Party by the President of the Interna-tional Court of Justice. (4) If both arbitrators cannot reach an agreement about the choice of chairman within two months after their appointment, he shall be appointed upon the request of either Contracting Party be submitted to an arbitration tribunal. (3) The arbitration tribunal shall be set up from case to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed within two months, and the chairman within four months, from the date either Contracting Party has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointmentsJustice. (5) If If, in the cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function provided for in paragraph (4) of this Article or if he is a national of either Contracting Party, the Vice-President appointment shall be invited to make the necessary appointments. If made by the Vice-President President, and if the latter is prevented from discharging the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member Judge of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointmentsParty. (6) The arbitration tribunal shall reach its decision Subject to other provisions made by a majority of votes, the decision being final and binding on the Contracting Parties, the tribunal shall determine its procedure. Each Furthermore, each Contracting Party shall bear the cost of the member arbitrator it has appointed by that Contracting Party as well as the costs for and of its representation in the arbitration arbitral proceedings; the . The cost of the chairman as well as any other and the remaining costs shall be borne in equal parts by the two Contracting Parties. Parties unless agreed otherwise. (7) The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one decisions of the tribunal are final and binding for each Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itselfParty.

Appears in 3 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, if possible, be settled by negotiations between the Governments of the two Contracting Parties. (2) If the dispute cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunal. (3) The arbitration tribunal shall be set up from case to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed within two months, and the chairman within four months, from the date either Contracting Party Party, has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) If the time limits referred to in paragraph Paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. (5) If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph Paragraph (4) of this Article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. (6) The arbitration tribunal shall reach its decision by a majority of votes, the decision being final and binding on the Contracting Parties. Each Contracting Party shall bear the cost costs of the member appointed by that Contracting Party as well as the costs for its representation in the arbitration proceedings; the cost of the chairman as well as any other costs shall be borne in equal parts by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itself.

Appears in 3 contracts

Sources: Investment Agreement, Investment Promotion and Protection Agreement, Agreement on the Promotion and Reciprocal Protection of Investments

Disputes between the Contracting Parties. (1) Any dispute Disputes between the Contracting Parties concerning the interpretation or and application of this Agreement shall, if possible, be settled by negotiations between the Governments of the two Contracting Partiesthrough diplomatic channels. (2) If 1f a dispute between the dispute Contracting Parties cannot thus be settled within six (6) months, following the date on which such negotiations were requested by it shall, upon request of either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunalad hoc Arbitral Tribunal. (3) The arbitration tribunal Such an Arbitral Tribunal shall be set up from constituted for each individual case to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by in the Governments of the two Contracting Parties. The members shall be appointed within two months, and the chairman within four months, from the date either Contracting Party has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal.following way; (4) If within the time limits referred to periods specified in paragraph (3) 3 of this Article the necessary appointments have not been complied withmade, either Contracting Party may, in the absence of any other relevant arrangementagreements, invite the President of the International Court of Justice to make the necessary such appointments. (5) . If the President is a citizen of the International Court of Justice either Contracting Party or if he otherwise is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting Partysaid function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a citizen of either Contracting Party or if he too is prevented from discharging the said function or is a national of either Contracting Partyfunction, the most senior member of the International Court of Justice next in seniority who is not incapacitated or a national citizen of either Contracting Party shall be invited to make the necessary appointments. (65) The arbitration tribunal Arbitral Tribunal shall reach its decision by a majority of votes, the . Such decision being final and shall be binding on the both Contracting Parties. Each Contracting Party shall bear the cost costs of its own member of the member appointed by that Contracting Party as well as the costs for Tribunal and of its representation in the arbitration arbitral proceedings; the cost costs of the chairman as well as any other Chairman and the remaining costs shall be borne in equal parts by the two Contracting Parties. The arbitration 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 Contracting Parties. In all other respects, the procedure of the arbitration tribunal The Tribunal shall be determined by the tribunal itselfdetermine its own procedure.

Appears in 2 contracts

Sources: Investment Protection Agreement, Investment Protection Agreement

Disputes between the Contracting Parties. (1) Any dispute between the Contracting Parties In case of disputes concerning the interpretation or application of this Agreement shallTreaty, if possible, be settled by negotiations between the Governments of Contracting Parties shall initiate consultations through the two Contracting Partiesdiplomatic channel with a view to achieving an amicable settlement. (2) If the a dispute cannot thus be settled in this manner within six months, following one year from the date on which such negotiations were requested by either a Contracting PartyParty has proposed to the other Contracting Party the initiation of the consultations referred to in paragraph 1, it shall the dispute may, at the request of either Contracting Party Party, be submitted to an arbitration arbitral tribunal. (3) The arbitration Such arbitral tribunal shall be set up from constituted for each individual case to case, as follows: each Contracting Party appointing shall appoint one member. These member and the two members shall then agree upon on a chairman, who shall be a national of a third State as their chairman, to and shall be appointed by the Governments of the two Contracting Parties. The members shall be appointed within two months, and the chairman within four five months, from the date either on which a Contracting Party has advised informed the other Contracting Party of its wish that it wishes to submit the dispute to an arbitration arbitral tribunal. (4) If the time time-limits referred to specified in paragraph (3) of this Article have 3 are not been complied withmet, either Contracting Party may, in the absence of any other relevant arrangementagreement, invite request the President of the International Court of Justice to make the necessary appointments. (5) . If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting PartyParty or if he is unable to act for any other reason, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is also a national of either Contracting PartyParty or is also unable to act, the next most senior member of the International Court of Justice who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. (65) The arbitration arbitral tribunal shall reach decide disputes submitted to it in accordance with international law. The arbitral tribunal shall take its decision decisions by a majority of votes, the decision being final and binding on the Contracting Partiesvote. Its decisions shall be binding. Each Contracting Party shall bear the cost expenses of the its own member appointed by that Contracting Party as well as and the costs for of its representation in the arbitration proceedingsproceedings before the arbitral tribunal; the cost expenses of the chairman as well as any other and the remaining costs shall be borne in equal parts by the two Contracting Parties. . (6) The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration arbitral tribunal shall be determined by the tribunal itselfdetermine its own procedure.

Appears in 2 contracts

Sources: Treaty, Treaty

Disputes between the Contracting Parties. (1) Any dispute Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement shall, shall if possible, possible be settled by negotiations between the Governments of the two Contracting Partiesthrough diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute cannot thus be settled within six monthsbetween themselves, following the date on which such negotiations were requested by latter shall, upon request of either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunalarbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a national of a third State. (3) The arbitration tribunal shall be set up from case to case, each If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed make that appointment within two months, and the chairman within four months, from arbitrator shall be appointed upon the date either request of that Contracting Party has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite by the President of the International Court of Justice to make Justice. (4) If both arbitrators cannot reach an agreement about the necessary appointmentschoice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If If, in the cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging carrying out the said function or is a national of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or is a national of either Contracting Party, the appointment shall be made by the most senior member Judge of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointmentsParty. (6) The arbitration tribunal shall reach its decision Subject to other provisions made by a majority of votes, the decision being final and binding on the Contracting Parties, the tribunal shall determine its own procedure. Each Contracting Party shall bear the cost of its own member of the member appointed by that Contracting Party as well as the costs for tribunal and of its representation in the arbitration arbitral proceedings; the . The cost of the chairman as well as any other Chairman and the remaining costs shall be borne in equal parts by the two Contracting Parties. , unless the arbitral tribunal decides otherwise. (7) The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one decisions of the tribunal are final and binding for each Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itselfParty.

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, shall if possible, be settled by negotiations between the Governments Government of the two Contracting Parties. (2) . If the dispute cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunal. (3) . The arbitration tribunal shall be set up from case rase to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairmanChairman, to be appointed by the foe Governments of the two Contracting Parties. The members shall be appointed within two months, and the chairman Chairman within four months, from the date either Contracting Party Party, has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) . If the time limits referred to in paragraph (3) Paragraph 3 of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice justice to make the necessary appointments. (5) . If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) Paragraph 4 of this Article or is a national of either Contracting Party, the Vice-President VicePresident shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. (6) . The arbitration tribunal shall reach its decision by a majority of votes, the decision being final and binding on the Contracting Parties. Each Contracting Party shall bear the cost of the member appointed by that Contracting Party as well as the costs for its representation in the arbitration proceedings; the cost of the chairman as well as any other costs shall be borne in equal parts by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itself.

Appears in 2 contracts

Sources: Investment Promotion and 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, if possible, be settled by negotiations between the Governments of the two Contracting Parties. (2) If the dispute cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration arbitral tribunal. (3) The arbitration arbitral tribunal shall be set up from case to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed within two months, and the chairman within four months, from the date either Contracting Party Party, has advised the other Contracting Party of its wish to submit the dispute to an arbitration arbitral tribunal. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. (5) If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. (6) The arbitration arbitral tribunal shall decide disputes on the basis of the provisions of this Agreement and applicable rules and principles of international law. (7) The arbitral tribunal shall reach its decision by a majority of votes, the decision being final and binding on the Contracting Parties. Each Contracting Party shall bear the cost of the member appointed by that Contracting Party as well as the costs for its representation in the arbitration proceedings; the cost of the chairman as well as any other costs shall be borne in equal parts by the two Contracting Parties. The arbitration arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itself. (8) A Contracting Party, party to the dispute, shall not initiate proceedings under this Article for a dispute regarding the infringement of rights of an investor which that investor has submitted or has agreed to submit to proceedings under Chapter II, Section I, unless the Contracting Party, party to the dispute, has failed to abide by or comply with an award rendered by such a tribunal. The requesting Contracting Party may seek in such proceedings: (a) A determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and (b) A recommendation that the Party abide by or comply with the final award. CHAPTER THREE: FINAL PROVISIONS

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 shallshould, if possible, be settled by through negotiations between the Governments of the two Contracting Parties. (2) If the a dispute cannot thus be settled within a period of six months, following the date on which such negotiations were requested by either Contracting Party, it shall at may upon the request of either Contracting Party be submitted to an arbitration tribunalArbitral Tribunal. (3) The arbitration tribunal Such Arbitral Tribunal shall be set up constituted for each individual case in the following way: Within two months from case to casethe receipt of the request for arbitration, each Contracting Party appointing shall appoint one membermember for the Tribunal. These Those two members shall then agree upon select a national of a third Third State as their chairmanwho, to be appointed upon approval by the Governments of the two Contracting Parties, shall be appointed Chairman of the Tribunal. The members Chairman shall be appointed within two months, and the chairman within four months, months from the date either Contracting Party has advised of appointment of the other Contracting Party of its wish to submit the dispute to an arbitration tribunaltwo members. (4) If within the time limits referred to periods specified in paragraph (3) of this Article the necessary appointments have not been complied withmade, either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make the necessary appointments. (5) . If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting PartyParty or if he or she is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party or if he or she too is prevented from discharging the said function, the Member of the International Court of Justice next in seniority who is not a national of either Contracting Party and not prevented from discharging such functions shall be invited to make the necessary appointments. (65) The arbitration tribunal Arbitral Tribunal shall reach its decision by a majority of votes, the . Such decision being final and shall be binding on the both Contracting Parties. Each Contracting Party shall bear the cost costs of its own member to the member appointed by that Contracting Party as well as the costs for tribunal and of its representation in the arbitration arbitral proceedings; the . The cost of the chairman as well as any other Chairman and the remaining costs shall be borne in equal parts by the two Contracting Parties. The arbitration tribunal Tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal and this award shall be determined binding on and executed by the tribunal itselfboth Contracting Parties. The Tribunal shall determine its own procedure.

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, if possible, be settled by negotiations between the Governments of the two Contracting Parties. (2) If the dispute cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration arbitral tribunal. (3) The arbitration arbitral tribunal shall be set up from case to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed within two months, and the chairman within four months, from the date either Contracting Party Party, has advised the other Contracting Party of its wish to submit the dispute to an arbitration arbitral tribunal. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. (5) If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. (6) The arbitration arbitral tribunal shall decide disputes on the basis of the provisions of this Agreement and applicable rules and principles of international law. (7) The arbitral tribunal shall reach its decision by a majority of votes, the decision being final and binding on the Contracting Parties. Each Contracting Party shall bear the cost of the member appointed by that Contracting Party as well as the costs for its representation in the arbitration proceedings; the cost of the chairman as well as any other costs shall be borne in equal parts by the two Contracting Parties. The arbitration arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itself. (8) A Contracting Party, party to the dispute, shall not initiate proceedings under this Article for a dispute regarding the infringement of rights of an investor which that investor has submitted or has agreed to submit to proceedings under Chapter II, Section I, unless the Contracting Party, party to the dispute, has failed to abide by or comply with an award rendered by such a tribunal. The requesting Contracting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and (b) a recommendation that the Party abide by or comply with the final award.

Appears in 1 contract

Sources: Investment Protection Agreement

Disputes between the Contracting Parties. (1) Any dispute between the Contracting Parties contracting parties concerning the interpretation or application of this Agreement shallagreement should, if possible, be settled by through negotiations between the Governments of the two Contracting Partiescontracting parties. (2) If the dispute cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting PartyParty shall, it shall at the request of either Contracting Party Party, be submitted to an arbitration arbitral tribunal. (3) The arbitration arbitral tribunal shall be set up from constituted case to by case, each Contracting Party appointing shall appoint one member. These these two members shall then agree upon to select a national of a third State as their chairman, to Chairman who shall be appointed by the Governments of the two Contracting Partiescontracting parties. The the members shall be appointed within two months, months and the chairman Chairman within four months, months from the date on which either Contracting Party has advised contracting party notifies the other Contracting Party contracting party of its wish to submit the dispute to an arbitration arbitral tribunal. (4) If within the time limits referred to in paragraph (3) of this Article article have not been complied withmade, either Contracting Party may, in the absence of any other relevant arrangementsettlement, invite the President of the International Court of Justice to make the necessary appointments. (5) If the President of the International Court of Justice is prevented from discharging the function provided for referred to in paragraph (4) of this Article article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If if the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, Party shall be invited to the most senior member of the Court who is not incapacitated or not is not a national of either Contracting Party shall be invited Party, to make the necessary appointments. (6) The arbitration arbitral tribunal shall reach its decision by a majority of votes, the votes and that decision being shall be final and binding on the Contracting Partiescontracting parties. Each each Contracting Party shall bear the cost of the member appointed by that Contracting Party as well as the costs for its representation in the arbitration proceedings; the cost of the chairman as well as Chairman and any other costs shall be borne in equal parts by divided equally between the two Contracting Partiescontracting parties. The arbitration tribunal may, however, in its decision direct the arbitral tribunal may decide that a higher proportion of the costs shall charged to be borne by one of the Contracting Parties. In in all other respects, the procedure of the arbitration arbitral tribunal shall be determined by the tribunal itselfCouncil.

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, if as far as possible, be settled by negotiations between the Governments of the two Contracting Partiesthrough amicable negotiations. (2) If the a dispute according to paragraph (1) cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Party, months it shall at upon the request of either Contracting Party be submitted to an arbitration arbitral tribunal.paragraph (1) cannot be settled within six months it shall upon the request of either Contracting Party be submitted to an arbitral tribunal. (3) The arbitration Such arbitral tribunal shall be set up from case to case, constituted ad hoc as follows : each Contracting Party appointing shall appoint one member. These member and these two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The Such members shall be appointed within two months, and the chairman within four months, months from the date either one Contracting Party has advised informed the other Contracting Party of its wish Party, that it intends to submit the dispute to an arbitration arbitral tribunal, the chairman of which shall be appointed within two further months. (4) If the time limits referred to periods specified in paragraph (3) of this Article have not been complied withobserved, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. (5) . If the President is a national of either of the Contracting Parties or if he is otherwise prevented from discharging the said function, the Vice-President or in case of his inability the member of the International Court of Justice is prevented from discharging the function provided for next in paragraph (4) of this Article or is a national of either Contracting Party, the Vice-President shall seniority should be invited to make under the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party shall be invited same conditions to make the necessary appointments. (5) The tribunal shall establish its own rules of procedure. (6) The arbitration arbitral tribunal shall reach its decision in virtue of the present Agreement and pursuant to the generally recognized rules of international law. It shall reach its decision by a majority of votes, ; the decision being shall be final and binding on the Contracting Parties. binding. (7) Each Contracting Party shall bear the cost costs of the its own member appointed by that Contracting Party as well as the costs for and of its legal representation in the arbitration proceedings; the cost . The costs of the chairman as well as any other and the remaining costs shall be borne in equal parts by the two both Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion determine another distribution of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itselfcosts.

Appears in 1 contract

Sources: Investment Agreement

Disputes between the Contracting Parties. (1) Any dispute Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement shall, shall if possible, possible be settled by negotiations between the Governments of the two Contracting Partiesthrough diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute cannot thus be settled within six monthsbetween themselves, following the date on which such negotiations were requested by latter shall, upon request of either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunalarbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a national of a third State. (3) The arbitration tribunal shall be set up from case to case, each If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed make that appointment within two months, and the chairman within four months, from arbitrator shall be appointed upon the date either request of that Contracting Party has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite by the President of the International Court of Justice to make Justice. (4) If both arbitrators cannot reach an agreement about the necessary appointmentschoice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If If, in the cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function provided for in paragraph (4) of this Article is a national of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or is a national of either Contracting Party, the Vice-President appointment shall be invited to make made by the necessary appointments. If most senior Judge of the Vice-President Court who is prevented from discharging the said function or is not a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. (6) The arbitration tribunal shall reach its decision Subject to other provisions made by a majority of votes, the decision being final and binding on the Contracting Parties, the tribunal shall determine its own procedure. Each Contracting Party shall bear the cost of its own member of the member appointed by that Contracting Party as well as the costs for tribunal and of its representation in the arbitration arbitral proceedings; the . The cost of the chairman as well as any other Chairman and the remaining costs shall be borne in equal parts by the two Contracting Parties. , unless the arbitral tribunal decides otherwise. (7) The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one decisions of the tribunal are final and binding for each Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itselfParty.

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, if possible, be settled by negotiations between the Governments of the two Contracting Parties. (2) If the dispute cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunal. (3) The arbitration tribunal shall be set up from case to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed within two months, and the chairman within four months, from the date either Contracting Party Party, has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. (5) If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national nation of either Contracting Party, the most senior member of the Court court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. (6) The arbitration tribunal shall reach its decision by a majority of votes, the decision being final and binding on the Contracting Parties. Each Contracting Party shall bear the cost of the member appointed by that the Contracting Party as well as the costs for its representation in the arbitration proceedings; the cost of the chairman as well as any other costs shall be borne born in equal parts by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itself. This Agreement shall apply to all investments, whether made before or after its entry into force, but shall not apply to any dispute or claim concerning an investment arising out of events which occurred, or to any such claim which had been settled, before its entry into force.

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 shallagreement should, if possible, be settled by through negotiations between the Governments of the two Contracting Partiescontracting parties. (2) . If the dispute cannot thus be settled in this way within six months, following months from the date on which of request for such negotiations were requested negotiation by either of the two Contracting PartyParties shall be submitted, it shall at the request of either Contracting Party be submitted contracting party to an arbitration arbitral tribunal. (3) The arbitration . Such an arbitral tribunal shall be set up from case to constituted for each individual case, each Contracting Party appointing shall appoint one member. These Those two members shall then agree upon select a national of a third State as their chairman, to Chairman who shall be appointed by the Governments of the two Contracting Partiescontracting parties. The members shall be appointed within two months, months and the chairman Chairman within four months, months from the date on which either Contracting Party has advised informed the other Contracting Party contracting party of its wish to submit the dispute to an arbitration arbitral tribunal. (4) If . In the event of failure to comply with the time limits referred to specified in paragraph (3) of this Article have not been complied witharticle, either of the Contracting Party mayParties, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make the necessary appointments. (5) . If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article article or is a national of either Contracting Party, the Vice-President shall be invited requested to make the necessary appointments. If the Vice-President is prevented from discharging carrying out the said function or if he is a national of either Contracting Party, the most senior member of the Court who in seniority who is incapacitated or not is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. (6) . The arbitration arbitral tribunal shall reach its decision by a majority of votes, the . Such decision being shall be final and conclusive and shall be binding on the Contracting Partiesboth contracting parties. Each Contracting Party shall bear of the contracting parties settled the cost of the member appointed by that Contracting Party as well as the costs for its representation in the arbitration proceedings; the cost of the chairman Chairman as well as any other costs shall be borne in equal parts by the two Contracting Partiescontracting parties. The arbitration However, the arbitral tribunal may, howevermay order, in its decision direct that decision, which one of the Contracting Parties solvent a higher proportion of costs shall be borne by one of the Contracting Partiescosts. In all other respects, the procedure of the arbitration arbitral tribunal shall be determined by the tribunal Tribunal itself.

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, if possible, be settled by negotiations between the Governments of the two Contracting PartiesParties through the diplomatic channel. (2) If the dispute cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunal. (3) The arbitration tribunal shall be set up from case to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed within two months, and the chairman within four months, from the date either Contracting Party has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) If the time limits referred to in paragraph Paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite the President of the International Court of Justice to make the necessary appointments. (5) If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph Paragraph (4) of this Article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. (6) The arbitration tribunal shall reach its decision by a majority of votes, the decision being final and binding on the Contracting Parties. Each Contracting Party shall bear the cost of the member appointed by that Contracting Party as well as the costs for its representation in the arbitration proceedings; the . The cost of the chairman as well as any other costs shall in principle be borne in equal parts by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, respects the procedure of the arbitration tribunal shall be determined by the tribunal itself.

Appears in 1 contract

Sources: Investment Protection Agreement

Disputes between the Contracting Parties. (Concerning the Interpretation or Application of this Agreement 1) . Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall, if possible, be settled by negotiations between the Governments of the two Contracting Partiesthrough diplomatic channels. (2) If . In the absence of rules through diplomatic channels, the dispute cannot thus shall be settled within six monthssubmitted to a joint commission composed of representatives of both sides, following the date on which such negotiations were requested by either Contracting Party, it shall meet at the request of either party diligent and without undue delay. 3. If the Joint Commission cannot settle the dispute shall be submitted, at the request of one or the other Contracting Party, to an arbitral tribunal constituted for each individual case in the following way: Each Contracting Party be submitted to shall appoint an arbitration tribunal. (3) The arbitration tribunal shall be set up arbitrator within two months from case to case, each the date on which either Contracting Party appointing one memberhas informed the other of its intention to submit the dispute to arbitration. These Within two members months after their appointment, the two arbitrators shall then agree upon appoint by mutual agreement a national of a third State who will serve as their chairman, to be appointed by the Governments Chairman of the two Contracting Partiesarbitral tribunal. The members shall be appointed within two months, and the chairman within four months, from the date either Contracting Party has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) If the time limits referred to in paragraph (3) of this Article have not been complied withmade, either Contracting Party may, in the absence of any other relevant arrangement, may invite the President of the International Court of Justice to make the necessary appointments. (5) . If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging the said function or is a national of either Contracting Party, the most senior member of the Court who is not incapacitated or a national of either Contracting Party or a State with which either Contracting Party does not maintain diplomatic relations or if he is otherwise prevented from exercising this function, the Vice-President of the International Court of Justice shall be invited to make the necessary appointments. (6) 4. The arbitration tribunal Court thus constituted shall reach determine its decision own rules of procedure. its decisions shall be taken by a majority of the votes, the decision being ; they shall be final and binding on the Contracting Parties. 5. Each Contracting Party shall bear the cost costs of its appointed arbitrator. the costs resulting from the appointment of the member appointed by that Contracting Party as well as the third arbitrator and costs for its representation in the arbitration proceedings; the cost of the chairman as well as any other costs Tribunal shall be borne in equal parts by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itselfcontracting parties.

Appears in 1 contract

Sources: Investment Protection Agreement

Disputes between the Contracting Parties. (1) Any dispute . Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement shall if possible be settled through diplomatic channels. 2. If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, the latter shall, if possible, be settled by negotiations between the Governments upon request of the two Contracting Parties. (2) If the dispute cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunal. (3) The arbitration arbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be set up from case to case, each Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments State. 3. If one of the two Contracting Parties. The members shall be Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, and the chairman within four months, from arbitrator shall be appointed upon the date either request of that Contracting Party has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite by the President of the International Court of Justice to make the necessary appointmentsJustice. (4. If both arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. 5) If . If, in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting Party, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is prevented from discharging carrying out the said function or is a national of either Contracting Party, the appointment shall be made by the Vice-President, and if the latter is prevented or is a national of either Contracting Party, the appointment shall be made by the most senior member Judge of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointmentsParty. (6) The arbitration tribunal shall reach its decision . Subject to other provisions made by a majority of votes, the decision being final and binding on the Contracting Parties, the tribunal shall determine its own procedure. Each Contracting Party shall bear the cost of its own member of the member appointed by that Contracting Party as well as the costs for tribunal and of its representation in the arbitration arbitral proceedings; the . The cost of the chairman as well as any other Chairman and the remaining costs shall be borne in equal parts by the two Contracting Parties, unless the arbitral tribunal decides otherwise. 7. The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one decisions of the tribunal are final and binding for each Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itselfParty.

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, if possible, be settled by negotiations between through the Governments of the two Contracting Partiesdiplomatic channels. (2) If a dispute between the dispute Contracting Parties cannot thus be settled within six months, following the date on which such negotiations were requested by either Contracting Partyin accordance with aforementioned sub-article, it shall at upon the request of either Contracting Party be submitted to an arbitration arbitral tribunal. (3) The arbitration Such an arbitral tribunal shall be set up from constituted for each individual case to casein the following way. Within two months of the receipt of the request for arbitration, each Contracting Party appointing shall appoint one membermember of the tribunal. These Those two members shall then agree upon within two months from their appointment select a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed within two months, and the chairman within four months, from the date either Contracting Party has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunalchairperson. (4) If within the time limits referred to periods specified in paragraph (3) of this Article the necessary appointments have not been complied withmade, either Contracting Party may, in the absence of any other relevant arrangementagreement, invite the President of the International Court of Justice to make the any necessary appointments. (5) . If the President of the International Court of Justice is prevented from discharging the function provided for in paragraph (4) of this Article or is a national of either Contracting PartyParty or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-Vice- President is a national of either Contracting Party or if he too is prevented from discharging the said function or is a national of either Contracting Partyfunction, the most senior member Member of the International Court of Justice next in seniority who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointments. (65) The arbitration arbitral tribunal shall reach its decision by a majority of votes, the . Such decision being final and shall be binding on the both Contracting Parties. Each Contracting Party shall bear the cost of its own member of the member appointed by that Contracting Party as well as the costs for tribunal and of its representation in the arbitration arbitral proceedings; the cost of the chairman as well as any other Chairperson and the remaining costs shall be borne in equal parts by the two Contracting Parties. The arbitration tribunal may, however, 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. In all other respects, the procedure of the arbitration The tribunal shall be determined by the tribunal itselfdetermine its own procedure.

Appears in 1 contract

Sources: Bilateral Investment Treaty

Disputes between the Contracting Parties. (1) Any dispute Disputes between the Contracting Parties concerning regarding the interpretation or application of the provisions of this Agreement shall, if possible, shall be settled by negotiations between the Governments of the two Contracting Partiesthrough diplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute cannot thus be settled within six monthsbetween themselves it shall, following the date on which such negotiations were requested by upon request of either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunalarbitral tribunal of three members. Each Contracting Party shall appoint one arbitrator, and these two arbitrators shall nominate a chairman who shall be a national of a third State. (3) The arbitration tribunal shall be set up from case to case, each If one of the Contracting Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party appointing one member. These two members shall then agree upon a national of a third State as their chairman, to be appointed by the Governments of the two Contracting Parties. The members shall be appointed make that appointment within two months, and the chairman within four months, from arbitrator shall be appointed upon the date either request of that Contracting Party has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite by the President of the International Court of Justice to make Justice. (4) If both arbitrators cannot reach an agreement about the necessary appointmentschoice of chairman within two months after their appointment, he shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice. (5) If If, in the cases specified under paragraphs (3) and (4) of this Article, the President of the International Court of Justice is prevented from discharging carrying out the said function provided for in paragraph (4) of this Article or if he is a national of either Contracting Party, the Vice-President appointment shall be invited to make the necessary appointments. If made by the Vice-President President, and if the latter is prevented from discharging the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member Judge of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointmentsParty. (6) The arbitration tribunal shall reach its decision Subject to other provisions made by a majority of votes, the decision being final and binding on the Contracting Parties, the tribunal shall determine its procedure. Each Furthermore, each Contracting Party shall bear the cost of the member arbitrator it has appointed by that Contracting Party as well as the costs for and of its representation in the arbitration arbitral proceedings; the . The cost of the chairman as well as any other and the remaining costs shall be borne in equal parts by the two Contracting Parties. Parties unless agreed otherwise. (7) The arbitration tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one decisions of the tribunal are final and binding for each Contracting Parties. In all other respects, the procedure of the arbitration tribunal shall be determined by the tribunal itselfParty.

Appears in 1 contract

Sources: Investment Protection Agreement

Disputes between the Contracting Parties. (1) Any dispute . Disputes between the Contracting Parties concerning regarding the interpretation or and application of the provisions of this Agreement shall, if possible, shall be settled by negotiations between consultation and negotiation through diplomatic channels. 2. If Contracting Parties cannot reach an agreement on disputable issues within six months after the Governments beginning of the two Contracting Parties. (2) If dispute between themselves, the dispute cannot thus be settled within six monthslatter shall, following the date on which such negotiations were requested by upon request of either Contracting Party, it shall at the request of either Contracting Party be submitted to an arbitration tribunal. (3) The arbitration tribunal which shall be set up from case to case, each constituted as follows: Each Contracting Party appointing one member. These shall appoint an arbitrator and these two members arbitrators shall then agree upon nominate a chairman who shall be a national of a third State as their chairmanState, to be appointed by the Governments which maintains diplomatic relations with both Contracting Parties. 3. If one of the two Contracting Parties. The members shall be Parties has not appointed its arbitrator and has not followed the invitation of the other Contracting Party to make that appointment within two months, and the chairman within four months, from the date either Contracting Party has advised the other Contracting Party of its wish to submit the dispute to an arbitration tribunal. (4) If the time limits referred to in paragraph (3) of this Article have not been complied with, either Contracting Party may, in the absence of any other relevant arrangement, invite arbitrator shall be appointed by the President of the International Court of Justice to make upon the necessary appointmentsrequest of the Contracting Party which appointed its arbitrator. (5) 4. If appointed arbitrators cannot reach an agreement about the choice of the chairman within two months after their appointment, the latter shall be appointed upon the request of either Contracting Party by the President of the International Court of Justice Justice. 5. If, in the cases specified under paragraphs 3 and 4 of this Article, the President of the International Court is prevented from discharging carrying out the function provided for in paragraph (4) of this Article said function, or if he is a national of either Contracting Party, the Vice-President appointment shall be invited to make the necessary appointments. If made by the Vice-President President, and if the latter is prevented from discharging the said function or if he is a national of either Contracting Party, the appointment shall be made by the most senior member Judge of the Court who is not incapacitated or a national of either Contracting Party shall be invited to make the necessary appointmentsParty. (6) . Subject to other provisions made by the Contracting Parties, the tribunal shall determine its procedure. The arbitration tribunal shall reach its decision decisions by a majority of votes, . 7. The decisions of the decision being tribunal are final and binding on the for each Contracting PartiesParty. 8. Each Contracting Party shall bear its own costs related to the cost of the member appointed by that Contracting Party as well as the costs for its participation and representation in the arbitration arbitral proceedings; the cost . The costs of the chairman as well as any other and remaining costs shall be borne in equal parts by the two Contracting Parties. The arbitration tribunal may, however, in its decision direct may decide that a higher proportion of costs shall be borne by one of the Contracting Parties. In all other respects, the procedure of the arbitration tribunal Parties and this award shall be determined by the tribunal itselfbinding on both Contracting Parties.

Appears in 1 contract

Sources: Agreement on the Promotion and Reciprocal Protection of Investments