Commission - Good Offices, Conciliation, and Mediation. 1. If the consulting Parties fail to resolve a matter pursuant to Article 31.4 (Consultations) within: (a) 30 days of delivery of the request for consultations; (b) 45 days of delivery of the request if another Party has subsequently requested or has participated in consultations regarding the same matter; (c) 15 days of delivery of the request for consultations in a matter regarding perishable goods; or (d) another period as they may decide, a consulting Party may request in writing a meeting of the Commission. 2. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to the other Parties and to its Section of the Secretariat. 3. Unless it decides otherwise, the Commission2 shall convene within 10 days of delivery of the request and shall endeavor to resolve the dispute. 4. The Commission may: (a) call on technical advisers or create working groups or expert groups as it deems necessary; (b) have recourse to good offices, conciliation, mediation, or other dispute resolution procedures; or (c) make recommendations, as may assist the consulting Parties to reach a mutually satisfactory resolution of the dispute. 5. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly. 6. Parties may decide at any time to voluntarily undertake an alternative method of dispute resolution, such as good offices, conciliation, or mediation. 7. Proceedings that involve good offices, conciliation, or mediation shall be confidential and without prejudice to the rights of the Parties in another proceeding. 8. Parties participating in proceedings under this Article may suspend or terminate those proceedings. 9. If the disputing Parties decide, good offices, conciliation, or mediation may continue while a dispute proceeds for resolution before a panel established under Article 31.6 (Establishment of a Panel).
Appears in 5 contracts
Samples: Dispute Settlement Agreement, Dispute Settlement Agreement, Dispute Settlement Agreement
Commission - Good Offices, Conciliation, and Mediation. 1. If Any consulting Party may 2 request in writing a meeting of the consulting Commission, if the Parties fail to resolve a matter pursuant to Article 31.4 (Consultations) 15.04 or 15.05 within:
: (a) 30 sixty (60) days of delivery of the a request for consultations;
; 1 For greater certainty, the term "perishable goods" means perishable agricultural and fish goods classified in chapters 1 through 24 of the Harmonized System; as long as the goods are located in customs at the point of arrival and they are not being released.2 This shall not be understood as a preliminary step needed to request the establishment of an arbitral panel, pursuant to Article 15.07. (b) 45 fifteen (15) days of delivery of the request if another Party has subsequently requested or has participated in consultations regarding the same matter;
(c) 15 days of delivery of the a request for consultations in a matter matters regarding perishable goods; or
or (dc) another period such other terms as they may decide, a consulting Party may request in writing a meeting of the Commissionagree.
2. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to the other Parties Party and to its Section shall set out the reasons for the request, including an identification of the Secretariat.
measure or other matter at issue, and the legal basis for the complaint. 3. Unless it decides otherwise, the Commission2 Commission shall convene within 10 ten (10) days of delivery of the request and shall endeavor endeavour to resolve the dispute.
4dispute promptly. The Commission may:
: (a) call on technical advisers or create working groups or expert groups as it deems necessary;
; (b) have recourse resort to good offices, conciliation, mediation, mediation or other dispute resolution procedures; or
or (c) make recommendations, as may in order to assist the consulting Parties to reach in reaching a mutually satisfactory resolution of the dispute.
5. 4. Unless it decides otherwiseotherwise decided, pursuant to this Article, the Commission shall consolidate two or more proceedings before it pursuant presented for its consideration, relating to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding presented for its consideration, relating to other matters before whenever it pursuant to this Article that it determines are deems appropriate to be considered consider these proceedings jointly.
6. Parties may decide at any time to voluntarily undertake an alternative method of dispute resolution, such as good offices, conciliation, or mediation.
7. Proceedings that involve good offices, conciliation, or mediation shall be confidential and without prejudice to the rights of the Parties in another proceeding.
8. Parties participating in proceedings under this Article may suspend or terminate those proceedings.
9. If the disputing Parties decide, good offices, conciliation, or mediation may continue while a dispute proceeds for resolution before a panel established under Article 31.6 (Establishment of a Panel).
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Commission - Good Offices, Conciliation, and Mediation. 1. If the consulting Parties fail to resolve a matter pursuant to Article 31.4 (Consultations) within:
(a) 30 days of delivery of the request for consultations;
(b) 45 days of delivery of the ofthe request if another any other Party has subsequently requested or has participated in consultations regarding the same matter;
(c) 15 days of delivery of the request for consultations in a matter matters regarding perishable goods; or
(d) another such other period as they may decideagree, a any consulting Party may request in writing a meeting of the Commission.
2. The requesting Party shall state in the request the measure or other matter complained of and indicate the provisions of this Agreement that it considers relevant, and shall deliver the request to the other Parties and to its Section of the Secretariat.
3. Unless it decides otherwise, the Commission2 Commission shall convene within 10 days of delivery of the request and shall endeavor to resolve the dispute.
4. The Commission may:
(a) call on such technical advisers or create such working groups or expert groups as it deems necessary;
(b) have recourse to good offices, conciliation, mediation, or such other dispute resolution procedures; or
(c) make recommendations, as may assist the consulting Parties to reach a mutually satisfactory resolution of the dispute.
5. Unless it decides otherwise, the Commission shall consolidate two or more proceedings before it pursuant to this Article regarding the same measure. The Commission may consolidate two or more proceedings regarding other matters before it pursuant to this Article that it determines are appropriate to be considered jointly.
6. Parties may decide agree at any time to voluntarily undertake an alternative method of dispute resolution, such as good offices, conciliation, or mediation.
7. Proceedings that involve good offices, conciliation, or mediation shall be confidential and without prejudice to the rights of the Parties in another proceeding.
8. Parties participating in proceedings under this Article may suspend or terminate those proceedings.
9. If the disputing Parties decideagree, good offices, conciliation, conciliation or mediation may continue while a dispute proceeds for resolution before a panel established under Article 31.6 (Establishment of a Panel).
Appears in 1 contract
Samples: Dispute Settlement Agreement