Common use of The Arbitral Proceedings Clause in Contracts

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.