The Elements of International Dispute Settlement Sample Clauses

The Elements of International Dispute Settlement. “International dispute settlement” is used interchangeably with the phrases “international dispute resolution” and “peaceful settlement of disputes”. All 18UN Doc. A/47/558. See Xxxx, X.,“Der neue Konfliktregelungsmechanismus der OAU”, (1994) 54 Za¨oRV 1023 19Blumenwitz, D., “Treaties of Friendship, Commerce and Navigation”, (1984) 7 EPIL 484 20Fox, H., “States and the Undertaking to Arbitrate”, (1988) 37 ICLQ 1 21For a comprehensive overview of the main methods of international dispute settlement procedures, refer to the United Nations Handbook on the Peaceful Settlement of Disputes (1992), and see generally Xxxxxxx, J. and Xxxx, V., The Settlement of Disputes in Interna- tional Law: Institutes and Procedures, (1999) 22Jains, M.W. (ed.), International Courts for the Twenty-First Century (1992); Xxxxxxxxx, X., “The Future of International Judicial Institutions”, (1995) 44 ICLQ 848 Applicability of International Dispute Settlement 83 three phrases refer to ending disagreements on the international plane without resort to armed force. The study of international dispute settlement consists of four considerations: international disputes, the disputants, the substantive obligations requiring peaceful settlement, and the methods synthesized in in- ternational law for resolving disputes without force or coercion. As general international law and international space law in particular start to pay more attention on compliance, enforcement and resolution, it is oppor- tune to re-evaluate the applicability of international dispute settlement mecha- nisms to disputes arising from space activities. This directly raises for contem- plation the definition of the constituents of a dispute. Xxxxxxxx has suggested: “A dispute may be defined as a specific disagreement concerning a matter of fact, law or policy in which a claim or assertion of one party is met with refusal, counter-claim or denial by another.”23 Evidently the subject matter of a dispute arising from space activities will be distinctive from other disputes arising in other areas of international law. This may have a bearing on the choice of any dispute settlement mechanism. This is especially given the level of technological and scientific uncertainty, and the huge economic investment associated with some activities in outer space. Another crucial factor relating to space activities is that many of them involve national security aspects such as dual-use technology, reconnaissance and espi- onage, as well as gl...
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Related to The Elements of International Dispute Settlement

  • Consultations and Dispute Settlement 1. The provisions of Articles XXII and XXIII of GATT 1994 as elaborated and applied by the Dispute Settlement Understanding shall apply to consultations and the settlement of disputes under this Agreement, except as otherwise specifically provided herein.

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • Investor-state Dispute Settlement 1. Any dispute between an investor of one Party and the other Party in connection with an investment in the territory of the other Party shall, as far as possible, be settled amicably through negotiations between the parties to the dispute. 2. If the dispute cannot be settled through negotiations within 6 months from the date on which the disputing investor requested for the consultation or negotiation in writing, and if the disputing investor has not submitted the dispute for resolution to the competent court (16) or any other binding dispute settlement mechanism (17) of the Party receiving the investment, it may be submitted to one of the following international conciliation or arbitration fora by the choice of the investor (18): (a) conciliation or arbitration in accordance with the International Center for Settlement of Investment Disputes (ICSID), under the Convention on the Settlement of Disputes between States and Nationals of Other States, done at Washington on March 18th, 1965; (b) conciliation or arbitration under the Additional Facility Rules of the International Centre for Settlement of Investment Disputes so long as the ICSID Convention is not in force between the Parties; (c) arbitration under the arbitration Rules of the United Nations Comission on International Trade Law; and (d) if agreed with the disputing Party, any arbitration in accordance with other arbitration rules. For more clarity, the election of one dispute settlement fora shall be definitive and exclusive. 3. An arbitral tribunal established under paragraph 2 shall decide the issues in dispute in accordance with this Agreement and applicable rules of international law. 4. The disputing investor who intends to submit the dispute to conciliation or arbitration pursuant to paragraph 2 shall give to the disputing Party written notice of its intent to do so at least 90 days before the claim is submitted. The notice of intent shall specify: (a) the name and address of the disputing investor; (b) the specific measures of the disputing Party at issue and a brief summary of the factual and legal basis of the investment dispute sufficient to present the problem clearly, including the obligations under this Chapter alleged to have been breached; (c) the waiver of the disputing investor from the right to initiate any proceedings before any of the other dispute settlement for referred to in paragraph 2 in relation to the matter under dispute; (d) conciliation or arbitration set forth in paragraph 2 which the disputing investor will choose; and (e) the relief sought and the approximate amount of expropriation claimed. 5. Notwithstanding paragraph 4, no claim may be submitted to conciliation or arbitration set forth in paragraph 2, if more than 3 years have elapsed since the date on which the disputing investor became aware, or should reasonably have become aware, of a breach of an obligation under this Chapter causing loss or damage to the disputing investor or its investment referred to in paragraph 1. 6. The arbitration award shall be final and binding upon both parties to the dispute. Both Parties shall commit themselves to the enforcement of the award. 7. Where a tribunal makes a final award against a respondent, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the respondent may pay monetary damages and any applicable interest in lieu of restitution. A tribunal may also award costs and attorney's fees in accordance with the applicable arbitration rules. 8. Any disputing investor shall serve notices and other documents on disputes under this Article: (a) for China, to the: Ministry of Commerce 0, Xxxx Xxxxx Xx Avenue 100731, Beijing, People's Republic of China;

  • Dispute Settlement Procedures (1) If a dispute relates to:

  • Dispute Settling Procedures (1) The principles of conciliation and direct negotiation shall be adopted for the purpose of prevention and settlement of any questions, disputes or difficulties that may arise in the operation of this Agreement.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • Settlement of Investment Disputes between a Contracting Party and an Investor of the other Contracting Party

  • Non-Application of Dispute Settlement No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.

  • Settlement of industrial disputes Nothing in this clause requires a party to settle an industrial dispute that constitutes a force majeure event in any manner other than the manner preferred by that party.

  • APPLICABLE LAW AND DISPUTE SETTLEMENT 1. The execution and performance of this Contract shall be governed by the laws of People’s Republic of China;

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