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, whenever possible, be settled amicably through consultations. 2. If a dispute cannot be settled through consultations, it shall, at the request of either Contracting Party, be submitted to an arbitral tribunal for decision. 3. An arbitral tribunal shall be constituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one member to the arbitral tribunal. The 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 arbitral tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members of the arbitral tribunal. 4. If within the periods specified in paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or is prevented from discharging the said function, the Member of the International Court of Justice next in seniority, who is not a national of either Contracting Party, shall be invited to make the necessary appointments.paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or is prevented from discharging the said function, the Member of the International Court of Justice next in seniority, who is not a national of either Contracting Party, shall be invited to make the necessary appointments. 5. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision of the arbitral tribunal shall be rendered within six months of the appointment of the Chairman in accordance with paragraphs (3) or (4) of this Article.paragraphs (3) or (4) of this Article. 6. Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral proceedings; the costs related to the Chairman and any remaining costs shall be borne equally by the Contracting Parties. The arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. 7. The Contracting Parties shall endeavour to reach agreement, within 60 days of the decision of a tribunal, on the manner in which to resolve their dispute in conformity with such decision.

Appears in 4 contracts

Sources: Investment Protection Agreement, 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 Agreement shall, whenever possible, should be settled amicably through consultationsdiplomatic channels. 2. If a the dispute cannot thus be settled through consultationswithin six months from the beginning of the negotiations, it shall, at shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal for decisiontribunal. 3. An The arbitral tribunal shall be constituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each as follows: Each Contracting Party shall appoint one member to the arbitral tribunal. The arbitrator and these two members arbitrators shall then select agree upon a national of a third State who, upon approval by the two Contracting Parties, shall be appointed Chairman of the arbitral tribunalas Chairman. The Chairman arbitrators shall be appointed within two three months and the Chairman within five months from the date of appointment of on which either Contracting Party has informed the other two members of Contracting Party that it intends to submit the dispute to an arbitral tribunal. 4. If within the periods specified in paragraph (3) 3 of this Article the necessary appointments have not been made, either Contracting any Party to the dispute may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the Court is a national of either Contracting any Party to the dispute or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President or if he is a national of either Contracting any Party or is otherwise prevented from discharging the said function, the Member of the International Court of Justice next in seniority, seniority who is not a national of either Contracting Partyany Party to the dispute, shall be invited to make the necessary appointments.paragraph (3) 3 of this Article the necessary appointments have not been made, either Contracting any Party to the dispute may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President of the Court is a national of either Contracting any Party to the dispute or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President or if he is a national of either Contracting any Party or is otherwise prevented from discharging the said function, the Member of the International Court of Justice next in seniority, seniority who is not a national of either Contracting Partyany Party to the dispute, shall be invited to make the necessary appointments. 5. The arbitral tribunal shall decide on the basis of respect for the law, including particularly the present Agreement and other relevant argreements existing between the two Contracting Parties and the universally acknowledged rules and principles of international law. 6. Unless the Parties decide otherwise, the tribunal shall determine its own procedure. 7. The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on both Contracting the Parties. Unless otherwise agreed, the decision of the arbitral tribunal shall be rendered within six months of the appointment of the Chairman in accordance with paragraphs (3) or (4) of this Article.paragraphs (3) or (4) of this Article. 68. 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 arbitral proceedings; the costs related to representation. The cost of the Chairman and any remaining as well as the other costs shall will be borne equally in equal parts by the Contracting Parties. The arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. 7. The Contracting Parties shall endeavour to reach agreement, within 60 days of the decision of a tribunal, on the manner in which to resolve their dispute in conformity with such decision.

Appears in 4 contracts

Sources: Investment Promotion and Protection Agreement, Investment Promotion and 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, whenever possible, be settled amicably through consultations. (2. ) If a dispute cannot be settled through consultations, it shall, at the request of either Contracting Party, be submitted to an arbitral tribunal for decision. (3. ) An arbitral tribunal shall be constituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one member to the arbitral tribunal. The 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 arbitral tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members of the arbitral tribunal. (4. ) If within the periods specified in paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or is prevented from discharging the said function, the Member of the International Court of Justice next in seniority, who is not a national of either Contracting Party, shall be invited to make the necessary appointments.paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or is prevented from discharging the said function, the Member of the International Court of Justice next in seniority, who is not a national of either Contracting Party, shall be invited to make the necessary appointments. (5. ) The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision of the arbitral tribunal panel shall be rendered within six months of the appointment of the Chairman in accordance with paragraphs (3) or (4) of this Article.paragraphs (3) or (4) of this Article. (6. ) Each Contracting Party shall bear the costs of its own member of the tribunal and of its representation in the arbitral proceedings; the costs related to the Chairman and any remaining costs shall be borne equally by the Contracting Parties. The arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. (7. ) The Contracting Parties shall endeavour to reach agreementshall, within 60 days of the decision of a tribunal, reach agreement on the manner in which to resolve their dispute. Such agreement shall normally implement the decision of the tribunal. Such agreement shall also be considered part of the arbitral tribunal's decision. If the Contracting Parties fail to reach agreement, the Contracting Party bringing the dispute in conformity with such decisionshall be entitled to compensation or to suspend benefits of equivalent value to those awarded by the panel.

Appears in 2 contracts

Sources: Investment Protection 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, whenever possible, should be settled amicably through consultationsdiplomatic channels. 2. If a the dispute cannot thus be settled through consultationswithin six months from the beginning of the negotiations, it shall, at shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal for decisiontribunal. 3. An The arbitral tribunal shall be constituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each as follows: Each Contracting Party shall appoint one member to the arbitral tribunal. The arbitrator and these two members arbitrators shall then select agree upon a national of a third State who, upon approval by the two Contracting Parties, shall be appointed Chairman of the arbitral tribunalas Chairman. The Chairman arbitrators shall be appointed within two three months and the Chairman within five months from the date of appointment of on which either Contracting Party has informed the other two members of Contracting Party that it intends to submit the dispute to an arbitral tribunal. 4. If within the periods period specified in paragraph (3) 3 of this Article the necessary appointments have not been made, either Contracting Party any party to the dispute may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President president of the Court is a national of either Contracting any Party to the dispute or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President or if he is a national of either Contracting Party or is prevented from discharging the said function, the Member of the International Court of Justice next in seniority, who is not a national of either Contracting Party, shall be invited to make the necessary appointments.paragraph (3) of this Article the necessary appointments have not been made, either Contracting Party may, in the absence of any other agreement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or is prevented from discharging the said function, the Member of the International Court of Justice next in seniority, seniority who is not a national of either Contracting Party, any party to the dispute shall be invited to make the necessary appointments. 5. The arbitral 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 universally acknowledged rules and principles of international law. 6. Unless the Parties decide otherwise, the tribunal shall determine its own procedure. 7. The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be final and binding on both Contracting the Parties. Unless otherwise agreed, the decision of the arbitral tribunal shall be rendered within six months of the appointment of the Chairman in accordance with paragraphs (3) or (4) of this Article.paragraphs (3) or (4) of this Article. 68. 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 arbitral proceedings; the costs related to representation. The cost of the Chairman and any remaining as well as the other costs shall will be borne equally in equal parts by the Contracting Parties. The arbitral tribunal may, however, in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties, and this award shall be binding on both Contracting Parties. 7. The Contracting Parties shall endeavour to reach agreement, within 60 days of the decision of a tribunal, on the manner in which to resolve their dispute in conformity with such decision.

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 regarding the interpretation or application of the provisions of this Agreement shall, whenever possible, be settled amicably through consultations. 2. If a dispute cannot shall be settled through consultationsdiplomatic channels. (2) If both Contracting Parties cannot reach an agreement within six months after the beginning of the dispute between themselves, it the latter shall, at the upon request of either Contracting Party, be submitted to an arbitral tribunal for decision. 3of three members. An arbitral tribunal Each Contracting Party shall, within two months of the written request to submit the dispute to arbitration, appoint one arbitrator, and these two arbitrators shall, within two months of their appointment, nominate a chairman who shall be constituted for each dispute. Within two months after receipt through diplomatic channels of the request for arbitration, each Contracting Party shall appoint one member to the arbitral tribunal. The two members shall then select a national of a third State who, upon approval by that has diplomatic relations with the two Contracting Parties, shall be appointed Chairman of the arbitral tribunal. The Chairman shall be appointed within two months from the date of appointment of the other two members of the arbitral tribunal. 4. (3) If within the periods specified in paragraph (32) of this Article the necessary appointments above have not been madeobserved, either Contracting Party may, in the absence of any other agreementarrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he, too, is prevented from discharging the said function, the Member member of the International Court of Justice court next in seniority, seniority who is not a national of either Contracting Party, Party shall be invited to make the necessary appointments.paragraph (32) of this Article the necessary appointments above have not been madeobserved, either Contracting Party may, in the absence of any other agreementarrangement, invite the President of the International Court of Justice to make the necessary appointments. If the President is a national of either Contracting Party or if he is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Contracting Party or if he, too, is prevented from discharging the said function, the Member member of the International Court of Justice court next in seniority, seniority who is not a national of either Contracting Party, Party shall be invited to make the necessary appointments. 5. The arbitral tribunal shall determine its own procedure. (4) The arbitral tribunal shall reach its decision by a majority of votes. Such decision shall be binding on both Contracting Parties. Unless otherwise agreed, the decision of the arbitral tribunal shall be rendered within six months of the appointment of the Chairman in accordance with paragraphs (3) or (4) of this Article.paragraphs (3) or (4) of this Article. 6binding. Each Contracting Party shall bear the costs cost of its own member of the tribunal arbitrator and of its representation in the arbitral proceedings; the costs related to of the Chairman chairman and any the remaining costs shall be borne equally in equal parts by the Contracting Parties. The arbitral tribunal maymay make a different ruling concerning costs. In all other respects, however, in the arbitral tribunal shall determine 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 Partiesown procedure. 7. The Contracting Parties shall endeavour to reach agreement, within 60 days of the decision of a tribunal, on the manner in which to resolve their dispute in conformity with such decision.

Appears in 1 contract

Sources: Investment Protection Agreement