Choice of Dispute Settlement Procedure Sample Clauses

Choice of Dispute Settlement Procedure. 1. Where a dispute regarding any matter arises under this Agreement and under another free trade agreement to which both Parties are party or the WTO Agreement, the complaining Party may select the dispute settlement procedure in which to settle the dispute.
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Choice of Dispute Settlement Procedure. 1. Nothing in this Chapter shall prejudice any rights of the Parties to have recourse to dispute settlement procedures available under any other international agreement to which both Parties are parties.
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Choice of Dispute Settlement Procedure. 1. Recourse to the dispute settlement provisions of this Chapter shall be without prejudice to any action in the WTO framework, including dispute settlement action.
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Choice of Dispute Settlement Procedure. 1. Nothing in this Chapter shall prejudice any rights ofthe Parties to have recourse to dispute settlementprocedures available under any other internationalagreement to which both Parties are parties. 2. Notwithstanding paragraph 1 above, once a disputesettlement procedure has been initiated under this Chapteror under any other international agreement to which bothParties are parties with respect to a particular dispute,that procedure shall be used to the exclusion of any otherprocedure for that particular dispute. However, this does not apply if substantially separate and distinct rights orobligations under different international agreements are indispute. 3. For the purposes of paragraph 2 above, a disputesettlement procedure under this Chapter shall be deemed tobe initiated by a Party's request for the establishment ofan arbitral tribunal pursuant to paragraph 1 of Article 153. 4. For the purposes of paragraph 2 above, a disputesettlement procedure under the WTO Agreement shall bedeemed to be initiated by a Party's request for theestablishment of a panel pursuant to Article 6 of theUnderstanding on Rules and Procedures Governing theSettlement of Disputes in Annex 2 to the WTO Agreement, asmay be amended.
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Related to Choice of Dispute Settlement Procedure

  • 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.

  • DISPUTES SETTLEMENT PROCEDURE 9.1 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 (including a dispute about whether a workplace right has been breached) or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure.

  • 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.

  • Settlement of Dispute Any disputes under the Agreement shall be settled at first through friendly consultation between the parties hereto. In case no settlement can be reached through consultation, each party shall have the right to submit such disputes to China International Economic and Trade Arbitration Commission in Beijing. The Place of arbitration is Beijing. The arbitration award shall be final and binding on both parties.

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

  • Amicable Settlement and Dispute Resolution i. Either Party is entitled to raise any claim, dispute or difference of whatever nature arising under, out of or in connection with this Agreement ( “Dispute”) by giving a written notice (Dispute Notice) to the other Party, which shall contain:

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