GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Settlement of International Investment Disputes Act — S-8.5
Consent of the parties to arbitration under this Convention shall, unless otherwise stated, be deemed consent to such arbitration to the exclusion of any other remedy. A Contracting State may require the exhaustion of local administrative or judicial remedies as a condition of its consent to arbitration under this Convention.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) No Contracting State shall give diplomatic protection, or bring an international claim, in respect of a dispute which one of its nationals and another Contracting State shall have consented to submit or shall have submitted to arbitration under this Convention, unless such other Contracting State shall have failed to abide by and comply with the award rendered in such dispute.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) Diplomatic protection, for the purposes of paragraph (1), shall not include informal diplomatic exchanges for the sole purpose of facilitating a settlement of the dispute.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Any Contracting State or any national of a Contracting State wishing to institute conciliation proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to conciliation in accordance with the rules of procedure for the institution of conciliation and arbitration proceedings.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) The Secretary-General shall register the request unless he finds, on the basis of the information contained in the request, that the dispute is manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parties of registration or refusal to register.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The Conciliation Commission (hereinafter called the Commission) shall be constituted as soon as possible after registration of a request pursuant to Article 28.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) (a) The Commission shall consist of a sole conciliator or any uneven number of conciliators appointed as the parties shall agree. (b) Where the parties do not agree upon the number of conciliators and the method of their appointment, the Commission shall consist of three conciliators, one conciliator appointed by each party and the third, who shall be the president of the Commission, appointed by agreement of the parties.
Settlement of International Investment Disputes Act — S-8.5 (b)
(b) Where the parties do not agree upon the number of conciliators and the method of their appointment, the Commission shall consist of three conciliators, one conciliator appointed by each party and the third, who shall be the president of the Commission, appointed by agreement of the parties.
Settlement of International Investment Disputes Act — S-8.5
If the Commission shall not have been constituted within 90 days after notice of registration of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 28, or such other period as the parties may agree, the Chairman shall, at the request of either party and after consulting both parties as far as possible, appoint the conciliator or conciliators not yet appointed.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Conciliators may be appointed from outside the Panel of Conciliators, except in the case of appointments by the Chairman pursuant to Article 30.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) Conciliators appointed from outside the Panel of Conciliators shall possess the qualities stated in paragraph (1) of Article 14.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The Commission shall be the judge of its own competence.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Commission, shall be considered by the Commission which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute.
Settlement of International Investment Disputes Act — S-8.5
Any conciliation proceeding shall be conducted in accordance with the provisions of this Section and, except as the parties otherwise agree, in accordance with the Conciliation Rules in effect on the date on which the parties consented to conciliation. If any question of procedure arises which is not covered by this Section or the Conciliation Rules or any rules agreed by the parties, the Commission shall decide the question.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) It shall be the duty of the Commission to clarify the issues in dispute between the parties and to endeavour to bring about agreement between them upon mutually acceptable terms. To that end, the Commission may at any stage of the proceedings and from time to time recommend terms of settlement to the parties. The parties shall cooperate in good faith with the Commission in order to enable the Commission to carry out its functions, and shall give their most serious consideration to its recommendations.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) If the parties reach agreement, the Commission shall draw up a report noting the issues in dispute and recording that the parties have reached agreement. If, at any stage of the proceedings, it appears to the Commission that there is no likelihood of agreement between the parties, it shall close the proceedings and shall draw up a report noting the submission of the dispute and recording the failure of the parties to reach agreement. If one party fails to appear or participate in the proceedings, the Commission shall close the proceedings and shall draw up a report noting that party’s failure to appear or participate.
Settlement of International Investment Disputes Act — S-8.5
Except as the parties to the dispute shall otherwise agree, neither party to a conciliation proceeding shall be entitled in any other proceeding, whether before arbitrators or in a court of law or otherwise, to invoke or rely on any views expressed or statements or admissions or offers of settlement made by the other party in the conciliation proceedings, or the report or any recommendations made by the Commission.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to arbitration in accordance with the rules of procedure for the institution of conciliation and arbitration proceedings.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The Arbitral Tribunal (hereinafter called the Tribunal) shall be constituted as soon as possible after registration of a request pursuant to Article 36.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) (a) The Tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. (b) Where the parties do not agree upon the number of arbitrators and the method of their appointment, the Tribunal shall consist of three arbitrators, one arbitrator appointed by each party and the third, who shall be the president of the Tribunal, appointed by agreement of the parties.
Settlement of International Investment Disputes Act — S-8.5 (b)
(b) Where the parties do not agree upon the number of arbitrators and the method of their appointment, the Tribunal shall consist of three arbitrators, one arbitrator appointed by each party and the third, who shall be the president of the Tribunal, appointed by agreement of the parties.
Settlement of International Investment Disputes Act — S-8.5
If the Tribunal shall not have been constituted within 90 days after notice of registration of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 36, or such other period as the parties may agree, the Chairman shall, at the request of either party and after consulting both parties as far as possible, appoint the arbitrator or arbitrators not yet appointed. Arbitrators appointed by the Chairman pursuant to this Article shall not be nationals of the Contracting State party to the dispute or of the Contracting State whose national is a party to the dispute.
Settlement of International Investment Disputes Act — S-8.5
The majority of the arbitrators shall be nationals of States other than the Contracting State party to the dispute and the Contracting State whose national is a party to the dispute; provided, however, that the foregoing provisions of this Article shall not apply if the sole arbitrator or each individual member of the Tribunal has been appointed by agreement of the parties.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Arbitrators may be appointed from outside the Panel of Arbitrators, except in the case of appointments by the Chairman pursuant to Article 38.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) Arbitrators appointed from outside the Panel of Arbitrators shall possess the qualities stated in paragraph (1) of Article 14.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The Tribunal shall be the judge of its own competence.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Tribunal, shall be considered by the Tribunal which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The Tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. In the absence of such agreement, the Tribunal shall apply the law of the Contracting State party to the dispute (including its rules on the conflict of laws) and such rules of international law as may be applicable.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The Tribunal may not bring in a finding of non liquet on the ground of silence or obscurity of the law.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) The provisions of paragraphs (1) and (2) shall not prejudice the power of the Tribunal to decide a dispute ex aequo et bono if the parties so agree.
Settlement of International Investment Disputes Act — S-8.5 (a)
Except as the parties otherwise agree, the Tribunal may, if it deems it necessary at any stage of the proceedings, (a) call upon the parties to produce documents or other evidence, and (b) visit the scene connected with the dispute, and conduct such inquiries there as it may deem appropriate.
Settlement of International Investment Disputes Act — S-8.5 (a)
(a) call upon the parties to produce documents or other evidence, and
Settlement of International Investment Disputes Act — S-8.5 (b)
(b) visit the scene connected with the dispute, and conduct such inquiries there as it may deem appropriate.
Settlement of International Investment Disputes Act — S-8.5
Any arbitration proceeding shall be conducted in accordance with the provisions of this Section and, except as the parties otherwise agree, in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. If any question of procedure arises which is not covered by this Section or the Arbitration Rules or any rules agreed by the parties, the Tribunal shall decide the question.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Failure of a party to appear or to present his case shall not be deemed an admission of the other party’s assertions.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) If a party fails to appear or to present his case at any stage of the proceedings the other party may request the Tribunal to deal with the questions submitted to it and to render an award. Before rendering an award, the Tribunal shall notify, and grant a period of grace to, the party failing to appear or to present its case, unless it is satisfied that that party does not intend to do so.
Settlement of International Investment Disputes Act — S-8.5
Except as the parties otherwise agree, the Tribunal shall, if requested by a party, determine any incidental or additional claims or counterclaims arising directly out of the subject-matter of the dispute provided that they are within the scope of the consent of the parties and are otherwise within the jurisdiction of the Centre.
Settlement of International Investment Disputes Act — S-8.5
Except as the parties otherwise agree, the Tribunal may, if it considers that the circumstances so require, recommend any provisional measures which should be taken to preserve the respective rights of either party.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The Tribunal shall decide questions by a majority of the votes of all its members.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The award of the Tribunal shall be in writing and shall be signed by the members of the Tribunal who voted for it.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) The award shall deal with every question submitted to the Tribunal, and shall state the reasons upon which it is based.
Settlement of International Investment Disputes Act — S-8.5 (4)
(4) Any member of the Tribunal may attach his individual opinion to the award, whether he dissents from the majority or not, or a statement of his dissent.
Settlement of International Investment Disputes Act — S-8.5 (5)
(5) The Centre shall not publish the award without the consent of the parties.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The Secretary-General shall promptly dispatch certified copies of the award to the parties. The award shall be deemed to have been rendered on the date on which the certified copies were dispatched.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The Tribunal upon the request of a party made within 45 days after the date on which the award was rendered may after notice to the other party decide any question which it had omitted to decide in the award, and shall rectify any clerical, arithmetical or similar error in the award. Its decision shall become part of the award and shall be notified to the parties in the same manner as the award. The periods of time provided for under paragraph (2) of Article 51 and paragraph (2) of Article 52 shall run from the date on which the decision was rendered.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) If any dispute shall arise between the parties as to the meaning or scope of an award, either party may request interpretation of the award by an application in writing addressed to the Secretary-General.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with Section 2 of this Chapter. The Tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Either party may request revision of the award by an application in writing addressed to the Secretary-General on the ground of discovery of some fact of such a nature as decisively to affect the award, provided that when the award was rendered that fact was unknown to the Tribunal and to the applicant and that the applicant’s ignorance of that fact was not due to negligence.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The application shall be made within 90 days after the discovery of such fact and in any event within three years after the date on which the award was rendered.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with Section 2 of this Chapter.
Settlement of International Investment Disputes Act — S-8.5 (4)
(4) The Tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the Tribunal rules on such request.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Either party may request annulment of the award by an application in writing addressed to the Secretary-General on one or more of the following grounds: (a) that the Tribunal was not properly constituted; (b) that the Tribunal has manifestly exceeded its powers; (c) that there was corruption on the part of a member of the Tribunal; (d) that there has been a serious departure from a fundamental rule of procedure; or (e) that the award has failed to state the reasons on which it is based.
Settlement of International Investment Disputes Act — S-8.5 (a)
(a) that the Tribunal was not properly constituted;
Settlement of International Investment Disputes Act — S-8.5 (b)
(b) that the Tribunal has manifestly exceeded its powers;
Settlement of International Investment Disputes Act — S-8.5 (c)
(c) that there was corruption on the part of a member of the Tribunal;
Settlement of International Investment Disputes Act — S-8.5 (d)
(d) that there has been a serious departure from a fundamental rule of procedure; or
Settlement of International Investment Disputes Act — S-8.5 (e)
(e) that the award has failed to state the reasons on which it is based.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) The application shall be made within 120 days after the date on which the award was rendered except that when annulment is requested on the ground of corruption such application shall be made within 120 days after discovery of the corruption and in any event within three years after the date on which the award was rendered.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) On receipt of the request the Chairman shall forthwith appoint from the Panel of Arbitrators an ad hoc Committee of three persons. None of the members of the Committee shall have been a member of the Tribunal which rendered the award, shall be of the same nationality as any such member, shall be a national of the State party to the dispute or of the State whose national is a party to the dispute, shall have been designated to the Panel of Arbitrators by either of those States, or shall have acted as a conciliator in the same dispute. The Committee shall have the authority to annul the award or any part thereof on any of the grounds set forth in paragraph (1).
Settlement of International Investment Disputes Act — S-8.5 (4)
(4) The provisions of Articles 41-45, 48, 49, 53 and 54, and of Chapters VI and VII shall apply mutatis mutandis to proceedings before the Committee.
Settlement of International Investment Disputes Act — S-8.5 (5)
(5) The Committee may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the Committee rules on such request.
Settlement of International Investment Disputes Act — S-8.5 (6)
(6) If the award is annulled the dispute shall, at the request of either party, be submitted to a new Tribunal constituted in accordance with Section 2 of this Chapter.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each party shall abide by and comply with the terms of the award except to the extent that enforcement shall have been stayed pursuant to the relevant provisions of this Convention.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) For the purposes of this Section, award shall include any decision interpreting, revising or annulling such award pursuant to Articles 50, 51 or 52.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) Each Contracting State shall recognize an award rendered pursuant to this Convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. A Contracting State with a federal constitution may enforce such an award in or through its federal courts and may provide that such courts shall treat the award as if it were a final judgment of the courts of a constituent state.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) A party seeking recognition or enforcement in the territories of a Contracting State shall furnish to a competent court or other authority which such State shall have designated for this purpose a copy of the award certified by the Secretary-General. Each Contracting State shall notify the Secretary-General of the designation of the competent court or other authority for this purpose and of any subsequent change in such designation.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) Execution of the award shall be governed by the laws concerning the execution of judgments in force in the State in whose territories such execution is sought.
Settlement of International Investment Disputes Act — S-8.5
Nothing in Article 54 shall be construed as derogating from the law in force in any Contracting State relating to immunity of that State or of any foreign State from execution.
Settlement of International Investment Disputes Act — S-8.5 (1)
(1) After a Commission or a Tribunal has been constituted and proceedings have begun, its composition shall remain unchanged; provided, however, that if a conciliator or an arbitrator should die, become incapacitated, or resign, the resulting vacancy shall be filled in accordance with the provisions of Section 2 of Chapter III or Section 2 of Chapter IV.
Settlement of International Investment Disputes Act — S-8.5 (2)
(2) A member of a Commission or Tribunal shall continue to serve in that capacity notwithstanding that he shall have ceased to be a member of the Panel.
Settlement of International Investment Disputes Act — S-8.5 (3)
(3) If a conciliator or arbitrator appointed by a party shall have resigned without the consent of the Commission or Tribunal of which he was a member, the Chairman shall appoint a person from the appropriate Panel to fill the resulting vacancy.
Settlement of International Investment Disputes Act — S-8.5
A party may propose to a Commission or Tribunal the disqualification of any of its members on account of any fact indicating a manifest lack of the qualities required by paragraph (1) of Article 14. A party to arbitration proceedings may, in addition, propose the disqualification of an arbitrator on the ground that he was ineligible for appointment to the Tribunal under Section 2 of Chapter IV.