Dispute settlement between the Clause Samples
Dispute settlement between the parties
1. If the dispute is not resolved by the procedure described in Article 19, it shall be submitted to arbitration mechanisms between States at the request of either Party. A Party may refuse to arbitrate on an investment issue by a national of that Party or a national of a country with whom it does not maintain diplomatic relations.
2. The purpose of arbitration is to re-establish compliance with the Arrangement with the measure alleged to be in violation of the Arrangement by the arbitral award. However, the Parties may agree to allow arbitrators to consider the existence of dances caused by the disputed measure and to provide compensation for such damages in the award. If the award provides for the payment of monetary compensation, the receiving State shall transfer it to the holders of rights in respect of the investment in question, after reimbursement of the expenses of the dispute, in accordance with the respective internal procedures of each Party.
3. This Article shall not apply to any dispute regarding the fact that it has occurred, nor to any action taken before the entry into force of this Agreement.
4. The Parties may choose by mutual agreement to use another investment dispute settlement mechanism or to set up a specific arbitration panel for the dispute.
5. In the event that a specific arbitration panel is constituted for each dispute, within two (2) months after receiving the request for arbitration through diplomatic channels, each Party shall appoint a member of the Arbitral Tribunal. The two members shall designate a third-country national who, after approval by both Parties, shall be appointed President of the Arbitral Tribunal. The president shall be appointed within two (2) months of the appointment of the two other members of the Arbitral Tribunal.
6. If, within the time limits specified in paragraph 5 of this Article, the necessary appointments have not been made, either Party may request the President of the International Court of Justice to make the necessary appointments. If the President of the International Court of Justice is a national of one of the Parties or is prevented from exercising that function, the Deputy President will be invited to make the necessary appointments. If the Vice-President of the International Court of Justice is a national of one of the Parties or is prevented from exercising that function, the most senior member of the International Court of Justice who is not a national of either Party shall b...
Dispute settlement between the. Two Sides under this Agreement
1. Any disputes between the two sides with respect to the interpretation, implementation or application of this Agreement shall be settled by the two sides through consultation.
2. The two sides shall settle disputes through consultation in accordance with the mechanism set out in Article 17 (Committee on Investment) of this Agreement.
1. A dispute arising from a claim by a Hong Kong investor that it or its covered investment has suffered losses or damages resulting from a breach by the Mainland authorities or institutions of the obligations provided in this Agreementѡ in relation to the Hong Kong investors or their covered investments (hereinafter referred to as “investment disputes”) may be settled by the following means:
(i) resolution through amicable consultation between the disputing parties;
(ii) resolution through the complaint handling organisations for foreign investors in the Mainland in accordance with the relevant requirements of the Mainland;
(iii) resolution through the function of notification and coordination of investment disputes under Article 17 (Committee on Investment) of this Agreement;
(iv) resolution through administrative review in accordance with the laws of the Mainland; ⑦ Limited to Article 4 (Minimum Standard of Treatment), Article 5 (National Treatment), Article 6 (Most- Favoured Treatment), Article 7 (Performance Requirements), paragraph 1 of Article 8 (Senior Management, Boards of Directors and Entry of Personnel), paragraph 2 of Article 8 (Senior Management, Boards of Directors and Entry of Personnel), Article 11 (Expropriation), Article 12 (Compensation for Losses) and Article 14 (Transfer).
(v) resolution through mediation whereby a Hong Kong investor may submit an investment dispute arising from this AgreementѢ between that investor and the Mainland to a mediation institution of the Mainland side;
(vi) recourse to the judicial proceedings under the laws of the Mainland.
2. Mediation under sub-paragraph 1(v) of this Article shall be subject to the laws and regulations of the Mainland. Full use of the functions of the mediation mechanism shall be made to ensure the effective settlement of disputes. The Mainland will make arrangements for the mediation mechanism.
3. If a Hong Kong investor has already chosen to settle a dispute in accordance with sub-paragraphs 1(iv) or 1(vi) of this Article, it shall not submit the same dispute to the mediation institution of the Mainland for mediation unles...
Dispute settlement between the. Two Sides under this Agreement
1. Any disputes between the two sides with respect to the interpretation, implementation or application of this Agreement shall be settled by the two sides through consultation.
2. The two sides shall settle disputes through consultation in accordance with the mechanism set out in Article 17 (Committee on Investment) of this Agreement.