The Arbitral Proceedings Sample Clauses

The Arbitral Proceedings. 1. A tribunal established under this Section shall decide the issues in dispute in accordance with this Agreement and the applicable rules and principles of international law. 2. Without prejudice to a tribunal's authority to address other objections as a preliminary question, such as an objection that a dispute is not within the competence of the tribunal, a tribunal shall address and decide as a preliminary question any objection by the respondent Party that, as a matter of law, a claim submitted is not a claim for which an award in favour of the disputing investor may be made under Article 18 (Award), (a) Such objection shall be submitted to the tribunal as soon as possible after the tribunal is constituted, and in no event later than the date the tribunal fixes for the respondent Party to submit its counter-memorial (or, in the case of an ammendment to the notice of arbitration, the date the tribunal fixes for the respondent Party to submit its response to the ammendment). (b) On receipt of an objection under this paragraph, the tribunal shall suspend any proceedings on the merits, establish a schedule for considering the objection consistent with any schedule it has established for considering any other preliminary question, and issue a decision or award on the objection, stating the grounds therefor. (c) In deciding an objection under this paragraph, the tribunal shall assume to be true the disputing investor's factual allegations in support of any claim in the notice of arbitration (or any amendment thereof) and, in disputes brought under the UNCITRAL Arbitration Rules, the statement of claim referred to in the relevant article of the UNCITRAL Arbitration Rules. The tribunal may also consider any relevant facts not in dispute. (d) The respondent Party does not waive any objection as to competence or any argument on the merits merely because the respondent Party did or did not raise an objection under this paragraph or made use of the expedited procedure set out in paragraph 3. 3. In the event that the respondent Party so requests within 45 days after the tribunal is constituted, the tribunal shall decide on an expedited basis all objection under paragraph 2 and any objection that the dispute is not within the tribunal's competence. The tribunal shall suspend any proceedings on the merits and issue a decision or award on the objection(s), stating the grounds therefor, no later than 150 days after the date of the request. However, if a disputing party...
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The Arbitral Proceedings. 1. An arbitral tribunal established under this Section shall decide all questions relating to its competence and, subject to any agreement between the Parties, determine its own procedure. At any stage of the proceedings, the arbitral tribunal may propose to the Parties that the dispute be settled amicably. At all times, the arbitral tribunal shall afford a fair hearing to the Parties. 2. The arbitral tribunal shall decide the issues in dispute in accordance with this Agreement and the applicable rules and principles of international law. 3. The arbitral tribunal shall reach its decision by majority vote. The award shall be issued in writing and shall contain the applicable law and legal findings. A signed award shall be delivered to each Party. The award shall be final and binding on the Parties.
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The Arbitral Proceedings. Unless otherwise agreed by the parties to the conflict, a tribunal established under this section shall conduct the arbitration proceedings in the territory of a Party that is a party to the New York Convention, which shall be elected in accordance with: a) The ICSID Additional Facility Rules if the arbitration rules or those is under the ICSID Convention; or b) The UNCITRAL Arbitration Rules if the arbitration is under those rules. 1. A tribunal established under this section shall decide the dispute to be submitted to it in accordance with this Treaty and applicable rules of international law. 2. An interpretation by the commission of a provision of this Treaty shall be binding on a tribunal established under this section. 1. When a party claims that the measure as a defence alleged to be a breach is within the scope of a reservation or exception set out in annexes at the request of the opposing side, any tribunal established under this section shall request the Commission interpretation on this matter. The Commission shall, within sixty (60) days of the delivery of the request in writing and shall submit its interpretation to the Tribunal. 2. Pursuant to article 10.32 (2), a commission interpretation submitted under paragraph 1 shall be binding on a tribunal established under this section. If the Commission fails to submit an interpretation within a period of sixty (60) days, the Tribunal shall decide on the matter.
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The Arbitral Proceedings. At the request of either of the Parties - an arbitration under this section shall be held in a State that is a party to the New York Convention. Only for the purposes of article 1 of the New York Convention, it shall be considered that claims submitted to arbitration under this section of a commercial relationship or transaction.
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The Arbitral Proceedings. 1. A tribunal established under this section shall decide the issues in its jurisdiction and subject to any agreement between the parties, shall determine its own procedure. At any stage of the proceedings of the arbitral tribunal may propose to the parties that the dispute be settled amicably. At any time, the arbitral tribunal shall ensure a fair hearing to the parties. 2. The arbitral tribunal shall decide the issues in dispute in accordance with this Agreement and the rules and principles of International Law. 3. The tribunal shall reach its decision by a majority of votes. the award shall be in writing and shall set out the findings of fact and law. a signed copy of the award shall be delivered to each party. 4. The decision of the Tribunal shall be final and binding to the parties.
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The Arbitral Proceedings. The headquarters of the arbitral proceedings shall be located in the territory of the party opposing combatants unless the parties otherwise agree, in any case, a tribunal established under this section shall conduct the arbitration proceedings in the territory of a Party that is a member of the New York Convention, which shall be elected in accordance with: a) The ICSID Additional Facility Rules if the arbitration rules or those is under the ICSID Convention; or b) The UNCITRAL Arbitration Rules if the arbitration is under those rules.
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Related to The Arbitral Proceedings

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

  • Transparency of Arbitral Proceedings 1. Subject to paragraphs 2 and 3, the disputing Member State may make publicly available all awards, and decisions produced by the tribunal. 2. Any of the disputing parties that intend to use information designated as confidential information in a hearing shall so advise the tribunal. The tribunal shall make appropriate arrangements to protect the information from disclosure. 3. Any information specifically designated as confidential that is submitted to the tribunal or the disputing parties shall be protected from disclosure to the public. 4. A disputing party may disclose to persons directly connected with the arbitral proceedings such confidential information as it considers necessary for the preparation of its case, but it shall require that such confidential information is protected. 5. The tribunal shall not require a Member State to furnish or allow access to information the disclosure of which would impede law enforcement or would be contrary to the Member States law protecting Cabinet confidences, personal privacy or the financial affairs and accounts of individual customers of financial institutions, or which it determines to be contrary to its essential security. 6. The non-disputing Member State shall be entitled, at its cost, to receive from the disputing Member State a copy of the notice of arbitration, no later than 30 days after the date that such document has been delivered to the disputing Member State. The disputing Member State shall notify all other Member States of the receipt of the notice of arbitration within 30 days thereof.

  • Litigation; Proceedings Except as specifically disclosed in the Disclosure Materials, there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) adversely affects or challenges the legality, validity or enforceability of any Transaction Document or the Securities or (ii) could, individually or in the aggregate, have or result in a Material Adverse Effect.

  • Litigation and Proceedings There are no actions, suits, -------------------------- proceedings or investigations pending or, to the knowledge of the Company after reasonable investigation, threatened by or against the Company or affecting the Company or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind. The Company has no knowledge of any default on its part with respect to any judgment, order, writ, injunction, decree, award, rule or regulation of any court, arbitrator, or governmental agency or instrumentality, or any circumstance which after reasonable investigation would result in the discovery of such default.