Common use of Settlement of Disputes between the Contracting Parties Clause in Contracts

Settlement of Disputes between the Contracting Parties. 3. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall as far as possible, be settled through the diplomatic channels. If the Contracting Parties cannot reach an agreement within six months after the beginning of the dispute, the latter shall, upon the request of either Contracting Party, be submitted to an arbitral tribunal. Such an arbitral tribunal shall be constituted for each case in the following way. Within two months from the date on which either Contracting Part} receives from the other Contracting Party a request for arbitration, each Contracting Party shall appoint one arbitrator. These two arbitrators shall together, within a further two months period, select a third arbitrator who is a national of a third State. The third arbitrator, once approved by the two Contracting Parties, shall be appointed as Chairman of the arbitral tribunal. If the arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this Article, either Contracting Party, may in the absence of any other agreement, invite the President of the International Court of Justice to make any necessary appointments. If the President is a national of State of either Contracting Party, or is otherwise prevented from discharging this function, the Vice-President shal 1 be invited to make the necessary appointment. If the Vice-President is a national of State of either Contracting Party or if he also is prevented from discharging the said function, the member of the International Court of Justice next in seniority who is not a national of State of either Contracting Party shall be invited to make the necessary appointments. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decisions by a majority of votes. The decisions shall be final and binding upon each Contracting Party. Each Contracting Party shall bear the costs of it own member of the arbitral tribunal and of its representation in the arbitration proceedings; the costs of the Chairman and remaining cost shall be borne in equal parts by the Contracting Parties. The arbitral tribunal may, however, decide that a higher proportion of costs shall be borne by one of the two Contracting Parties and such award shall be binding on both Contracting Parties.

Settlement of Disputes between the Contracting Parties. 3. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall as far as should, if possible, be settled through the diplomatic channels. If a dispute between the Contracting Parties cannot reach an agreement within six months after the beginning of the disputethus be settled, the latter shall, it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal. Such an arbitral tribunal shall be constituted for each individual case in the following way. Within two months from of the date on which either Contracting Part} receives from receipt of the other Contracting Party a request for arbitration, each Contracting Party shall appoint one arbitratormember of the tribunal. These Those two arbitrators members shall together, within a further two months period, then select a third arbitrator who is a national of a third State. The third arbitrator, once approved State who on approval by the two Contracting Parties, Parties shall be appointed as Chairman of the arbitral tribunal. The Chairman shall be appointed within two (2) months from the date of appointment of the other two members. If the arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this ArticleArticle the necessary appointments have not been made, either Contracting PartyParty may, may in the absence of any other agreement, invite the President of the International Court of Justice to make any the necessary appointments. If the President is a national of State of either Contracting Party, Party or if he is otherwise prevented from discharging this the said function, the Vice-President shal 1 shall be invited to make the necessary appointmentappointments. If the Vice-Vice- President is a national of State of either Contracting Party or if he also too is prevented from discharging the said functionFunction, the member of the International Court of Justice next in seniority who is not a national of State of either Contracting Party shall be invited to make the necessary appointments. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decisions decision by a majority of votes. The decisions Such decision shall be final and binding upon each on both Contracting PartyParties. Each Contracting Party shall bear the costs cost of it its own member of the arbitral tribunal and of its representation in the arbitration arbitral proceedings; the costs cost of the Chairman and the remaining cost costs shall be borne in equal parts by the Contracting Parties. The arbitral tribunal may, however, decide in its decision direct that a higher proportion of costs shall be borne by one of the two Contracting Parties Parties, and such this award shall be binding on both Contracting Parties. The tribunal shall determine its own procedure.

Settlement of Disputes between the Contracting Parties. 3. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement shall shall, as far as possible, be settled amicably through the consultations and/or other diplomatic channels. If the Contracting Parties cannot reach an agreement within six (6) months after following the beginning of date on which the disputeconsultations were requested and/or other diplomatic channels were initiated by either Contracting Party, the latter dispute shall, upon the request of either the Contracting Party, be submitted to an arbitral tribunal. Such In the absence of an arbitral tribunal agreement by the Contracting Parties to the contrary, arbitration proceedings shall be constituted conducted in accordance with the Permanent Court of Arbitration Optional Rules for each case in Arbitrating Disputes between Two States, except as modified by the following wayContracting Parties or this Agreement. Within Unless the Parties otherwise agree, the dispute shall be resolved by three member arbitration tribunal. Each Contracting Party shall appoint one arbitrator within two months from the date on which either Contracting Part} Party receives from the other Contracting Party a request for arbitration, each Contracting Party shall appoint one arbitrator. These The two arbitrators thus selected shall together, together within a further two months period, select a third arbitrator who is a national of a third State. The third arbitrator, arbitrator once approved by the two Contracting Parties, shall be appointed act as Chairman of the arbitral tribunal. If any member of the arbitral tribunal has is not been constituted selected within the periods specified time frames defined in paragraph 3 of this Article, either Contracting Party, may in the absence of any other agreement, invite the President Secretary-General of the International Permanent Court of Justice to make any necessary appointments. If Arbitration, upon the President is a national of State request of either Contracting Party, shall appoint, in his or is otherwise prevented from discharging this functionher discretion, the Vice-President shal 1 arbitrator or arbitrators not yet appointed. The place of the arbitration proceedings shall be invited to make the necessary appointment. If the Vice-President is a national of State of either Contracting Party or if he also is prevented from discharging the said functionThe Hague, the member of the International Court of Justice next in seniority who is not a national of State of either Contracting Party shall be invited to make the necessary appointments. The arbitral tribunal shall determine its own procedureNetherlands. The arbitral tribunal shall reach its decisions by a majority of votes. The decisions shall be final and binding upon each Contracting Party. Each Contracting Party shall bear Expenses incurred by the costs of it own member of the arbitral tribunal arbitrators, and of its representation in the arbitration proceedings; the other costs of the Chairman and remaining cost proceedings, shall be borne in equal parts equally by the Contracting Parties. The arbitral tribunal may, however, in its discretion, decide that a higher proportion of costs shall be borne paid by one of the two Contracting Parties and such award Parties. The language to be used in the arbitral proceedings shall be binding on both Contracting PartiesEnglish.

Settlement of Disputes between the Contracting Parties. 3. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled as far as possible, be settled possible by negotiations through the diplomatic channels. If the Contracting Parties a dispute under paragraph 1 of this Article cannot reach an agreement be settled within six months after the beginning of the dispute, the latter shall, it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal. Such an arbitral tribunal shall be constituted for each case in the following wayad hoc. Within two months from the date on which either Contracting Part} receives from the other Contracting Party a request for arbitration, each Each Contracting Party shall appoint one arbitrator. These member and these two arbitrators members shall together, within a further two months period, select a third arbitrator who is agree upon a national of a third State. The third arbitrator, once approved by the two which maintains diplomatic relations with both Contracting Parties, as their chairman. Such members shall be appointed as Chairman within two months from the date one Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within two further months. If the arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this ArticleArticle are not observed, either Contracting PartyParty may, may in the absence of any other agreementrelevant arrangement, invite the President of the International Court of Justice to make any the necessary appointments. If the President of the International Court of Justice is a national of State either of either the States of the Contracting Party, or is otherwise prevented from discharging this function, the Vice-President shal 1 be invited to make the necessary appointment. If the Vice-President is a national of State of either Contracting Party Parties or if he also 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 next in seniority who is not a national according to the Rules of State of either Contracting Party shall the Court should be invited under the same conditions to make the necessary appointments. The appointed judge should be a national of a State that has diplomatic relations with the Contracting Parties. Paragraphs 12 through 14 of Article 14 shall be applicable to the arbitration established under this Article. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decisions by a majority of votes. The decisions shall be final and binding upon each Contracting Party. Each Contracting Party shall bear the costs of it its own member of the arbitral tribunal and of its legal representation in the arbitration proceedings; the . The costs of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The arbitral tribunal may, however, decide that a higher proportion in its award determine another distribution of costs shall be borne by one of the two Contracting Parties and such award shall be binding on both Contracting Partiescosts.

Settlement of Disputes between the Contracting Parties. 3. Any dispute Disputes arising between the Contracting Parties contracting parties concerning the interpretation or and application of this Agreement shall be settled as far as possible, be settled possible through the diplomatic channelsamicable negotiations. If the Contracting Parties an agreement cannot reach an agreement be achieved within a period of six months after from the beginning date of notification of the dispute, the latter shall, upon the request of either Contracting Party, be submitted Party may submit it to an ad hoc arbitral tribunaltribunal in accordance with the provisions of this article. Such an The arbitral tribunal shall consist of three members and shall be constituted for each case in the following way. Within manner: within two months from after the date on which either Contracting Part} receives from of notification of the other Contracting Party a request for arbitration, each Contracting Party shall appoint one an arbitrator. These Those two arbitrators within thirty days after the appointment of the last one, shall together, within a further two months period, select a third arbitrator member who is shall be a national of a third State, who shall chair the Tribunal. The third arbitrator, once designation of the Chairman shall be approved by the two Contracting Parties, shall be appointed as Chairman Parties within thirty days after the date of the arbitral tribunalhis nomination. If the arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this Articlearticle, the appointment has not been made or required the approval has been granted, either Contracting Party, Party may in the absence of any other agreement, invite request the President of the International Court of Justice to make any necessary appointmentsthe appointment. If the President is a national of State of either Contracting Party, or is otherwise prevented from discharging this function, the Vice-President shal 1 be invited to make the necessary appointment. If the Vice-President is a national of State of either Contracting Party or if he also is prevented from discharging the said function, the member of the International Court of Justice next is prevented from carrying out the said function or if he is a national of either Contracting Party, the Vice-President shall make the appointment, and if the latter is prevented or is a national of either of the Contracting Parties, the judge of the Court who in seniority who is not a national of State one of either the Contracting Party Parties shall make the appointment. The President of the Tribunal shall be invited to make the necessary appointmentsa national of a third State with which both contracting parties maintain diplomatic relations. The arbitral tribunal shall determine its own proceduredecide on the basis of the provisions of this Agreement and the principles of international law and the general principles of law recognized by the contracting parties. The arbitral tribunal Tribunal shall reach its decisions decide by a majority of votes. The decisions votes and shall be final and binding upon each Contracting Partydetermine its own procedural rules. Each Contracting Party shall bear the costs of it own member of the arbitral tribunal and of arbitrator, as well as those relating to its representation in the arbitration arbitral proceedings; the costs . The cost of the Chairman and the remaining cost costs of the proceedings shall be borne removed in equal parts by the Contracting Partiescontracting parties unless they agree otherwise. The arbitral tribunal may, however, decide that a higher proportion decisions of costs the Tribunal shall be borne by one of the two Contracting Parties final and such award shall be binding on both Contracting Partiescontracting parties.

Settlement of Disputes between the Contracting Parties. 3. Any dispute between the The Contracting Parties shall, as far as possible, settle any dispute concerning the interpretation or application of this Agreement shall as far as possible, be settled through the consultations or other diplomatic channels. If the Contracting Parties candispute has not reach an agreement been settled within six months after following the beginning of date on which such consultations or other diplomatic channels were requested by either Contracting Party and unless the disputeContracting Party otherwise agree in writing, either Contracting Party may, by written notice to the latter shall, upon the request of either other Contracting Party, be submitted submit the dispute to an and ad hoc arbitral tribunaltribunal in accordance with the following provisions of this Article. Such an The arbitral tribunal shall be constituted for as follows: each case in Contracting Party shall appoint one member, and these two members shall agree upon a national of a third state as Chairman of the following wayarbitral tribunal to be appointed by the two Contracting Parties. Within Such members shall be appointed within two months months, and such Chairman within four months, from the date on which either Contracting Part} receives from Party has informed the other Contracting Party a request for arbitration, each Contracting Party shall appoint one arbitrator. These two arbitrators shall together, within a further two months period, select a third arbitrator who is a national of a third State. The third arbitrator, once approved by that it intends to submit the two Contracting Parties, shall be appointed as Chairman of the dispute to an arbitral tribunal. If the arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this Articleabove have not been complied with, either Contracting PartyParty may, may in the absence of any other agreementarrangement, invite the President of the International Court of Justice to make any the necessary appointments. If the President of the International Court of Justice is a national of State of either Contracting Party, or is otherwise prevented from discharging this function, the Vice-President shal 1 be invited to make the necessary appointment. If the Vice-President is a national of State of either Contracting Party or if he also is otherwise prevented from discharging the said function, the Vice-president of the International Court of Justice shall be invited to make the necessary appointments. If the Vice-President of the International Court of Justice is a national of either Contracting Party or if he, 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 State of either Contracting Party shall be invited to make the necessary appointments. The arbitral tribunal shall determine take its own procedure. The arbitral tribunal shall reach its decisions decision by a majority of votes. The decisions Such decision shall be made in accordance with this Agreement and such recognized rules of international law as may be applicable and shall be final and binding upon each on both Contracting PartyParties. Each Contracting Party shall bear the costs of it own the member of the arbitral tribunal and of appointed by that Contracting Party, as well as the costs for its representation in the arbitration proceedings; . The expenses of the Chairman as well as any other costs of the Chairman and remaining cost arbitration proceedings shall be borne in equal parts by the two Contracting Parties. The However, the arbitral tribunal may, howeverat its discretion, decide direct that a higher proportion or all of such costs shall be borne paid by one of the two Contracting Parties and such award shall be binding on both Contracting Parties. In all other respects, the arbitral tribunal shall determine its own procedure.

Settlement of Disputes between the Contracting Parties. 3. Any dispute Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall be settled as far as possible, be settled possible by negotiations through the diplomatic channels. If the Contracting Parties a dispute under paragraph 1 of this Article cannot reach an agreement be settled within six months after the beginning of the dispute, the latter shall, it shall upon the request of either Contracting Party, Party be submitted to an arbitral tribunal. Such an arbitral tribunal shall be constituted for each case in the following wayad hoc. Within two months from the date on which either Contracting Part} receives from the other Contracting Party a request for arbitration, each Each Contracting Party shall appoint one arbitrator. These member and these two arbitrators members shall together, within a further two months period, select a third arbitrator who is agree upon a national of a third State. The third arbitrator, once approved by the two which maintains diplomatic relations with both Contracting Parties, as their chairman. Such members shall be appointed as Chairman within two months from the date one Contracting Party has informed the other Contracting Party of its intention to submit the dispute to an arbitral tribunal, the chairman of which shall be appointed within two further months. If the arbitral tribunal has not been constituted within the periods specified in paragraph 3 of this ArticleArticle are not observed, either Contracting PartyParty may, may in the absence of any other agreementrelevant arrangement, invite the President of the International Court of Justice to make any the necessary appointments. If the President of the International Court of Justice is a national of State either of either the Contracting Party, or is otherwise prevented from discharging this function, the Vice-President shal 1 be invited to make the necessary appointment. If the Vice-President is a national of State of either Contracting Party Parties or if he also 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 next in seniority who is not a national according to the Rules of State of either Contracting Party shall the Court should be invited under the same conditions to make the necessary appointments. The appointed judge should be a national of a State that has diplomatic relations with the Contracting Parties. The arbitral tribunal shall determine its own procedure. The arbitral tribunal shall reach its decisions by a majority of votes. The decisions shall be final and binding upon each Contracting Party. Each Contracting Party shall bear the costs of it its own member of the arbitral tribunal and of its legal representation in the arbitration proceedings; the . The costs of the Chairman chairman and the remaining cost costs shall be borne in equal parts by the both Contracting Parties. The arbitral tribunal may, however, decide that a higher proportion in its award determine another distribution of costs shall be borne by one of the two Contracting Parties and such award shall be binding on both Contracting Partiescosts.