Common use of Consultations Clause in Contracts

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the Complaining Party. 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against shall reply to the request within ten (10) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 9 contracts

Samples: Agreement on Dispute Settlement Mechanism, Dispute Settlement Agreement, Dispute Settlement Agreement

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Consultations. 1. Any A Party may request consultations with any other another Party with respect to any dispute arising under the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the Complaining Partymatter described in Article 31.2 (Scope). 2. Any The Party making the request for consultations shall be submitted do so in writing, and include shall set out the reasons for the request, including identification of the specific measures measure or other matter at issue, issue and an indication of the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of for the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a The requesting Party shall deliver the request for consultations is made, the Party Complained Against shall reply concurrently to the request within ten (10) other Parties through their respective Sections of the Secretariat, including a copy to its Section. 4. A third Party that considers it has a substantial interest in the matter may participate in the consultations by notifying the other Parties in writing through their respective Sections of the Secretariat, including a copy to its Section, no later than seven days after the date of delivery of the request for consultations. The Party shall include in its receipt and notice an explanation of its substantial interest in the matter. 5. Unless the consulting Parties decide otherwise, they shall enter into consultations in good faith within no later than: (a) 15 days after the date of delivery of the request for a period of not more than matter concerning perishable goods;1 or (b) 30 days after the date of receipt delivery of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6all other matters. 46. The parties to a dispute consulting Parties shall make every effort in good faith attempt to reach arrive at a mutually satisfactory resolution of any a matter through consultations under this ArticleArticle or other consultative provisions of this Agreement. To this end, the parties to the dispute shall: (a) each consulting Party shall provide sufficient information as may be reasonably available to enable a full examination of how the actual or proposed measure or other matter at issue might affect the operation or application of this Agreement; 1 For the covered agreement; andpurposes of this Chapter, perishable goods means perishable agricultural and fish goods classified in HS Chapters 1 through 24. (b) a Party that participates in the consultations shall treat as confidential any the information exchanged in the course of consultations that is designated as confidential on the same basis as the Party providing the information; and (c) the consulting Parties shall seek to avoid a resolution that adversely affects the interests of another Party under this Agreement. 7. Consultations may be held in person or by a technological means available to the consulting Parties. If the consultations are held in person, they shall be held in the capital of the Party to which the other party to request for consultations was made, unless the dispute has designated as confidentialconsulting Parties decide otherwise. 58. In consultations under this Article, a consulting Party may request that another consulting Party make available personnel of its government agencies or other regulatory bodies who have expertise in the matter at issue. 9. Consultations shall be confidential and without prejudice to the rights of any a Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsanother proceeding. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 8 contracts

Samples: Dispute Settlement Agreement, Dispute Settlement Agreement, Dispute Settlement Agreement

Consultations. 1. Any A Party or Parties may make a request in writing for consultations with any to other Party with respect or Parties concerning any matter on the interpretation or application of this Agreement where the complaining party considers that any benefit accruing to any dispute arising it under this Agreement is being nullified or impaired as a result of the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding failure of the party complained against to carry out its obligations under this Agreement, or as a request for consultations made result of the application by the Complaining Partyparty complained against of measures which are in conflict with its obligations under this Agreement. 2. Any request for consultations shall be submitted in writing, and include containing the identification of the specific measures at issue, issue and indication of the factual and legal basis (including the provisions of any of the covered agreements this Agreement alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party complaining party shall send at the request to the Party Complained Against and same time notify the rest of the PartiesParties thereof. 3. Upon receiptreceipt of the request referred to in paragraph 1, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same time. 34. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten (10) days after the date of its receipt of the request and shall enter into consultations in good faith within a period of not more than 30 thirty (30) days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 45. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) shall provide each other with sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidentialdispute. 56. Consultations shall be confidential between the parties to the dispute and are without prejudice to the rights of any Party in any further proceedings under this Agreement Chapter or in other proceedings before a forum selected by the Partiesproceedings. The parties to the dispute shall inform the rest of the Parties of the outcome of the consultations. 67. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not no more than ten (10) days after the date of receipt of the request by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6party complained against. 78. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings consultations to the greatest extent possible.

Appears in 7 contracts

Samples: Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration to and afford adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Partyinterpretation, implementation or application of any covered agreement, wherever the complaining party considers that: (a) a measure of the party complained against is inconsistent with its obligations under the covered agreements; or (b) the party complained against has otherwise failed to carry out its obligations under the covered agreements, which results in nullification or impairment of any benefits accruing to the complaining party under the covered agreements or impediment of the attainment of any objective of the covered agreements. 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisionsprovision) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten seven (107) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 thirty (30) days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten seven (107) days, or does not enter into consultations within the aforesaid 30 thirty (30) days, then the Complaining Party complaining party may proceed directly to request for the establishment of an arbitral panel under Article 65. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not no more than ten (10) days after the date of receipt by the Party Complained Against party complained against of the request. If the Party Complained Against does not enter into consultations have failed to settle the dispute within ten a period of twenty (1020) days after the date of receipt by the party complained against of the consultations request, the Complaining Party complaining party may proceed directly to request for the establishment of an arbitral panel under Article 65. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 7 contracts

Samples: Dispute Settlement Agreement, Dispute Settlement Agreement, Dispute Settlement Agreement

Consultations. 1. Any The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to reach a mutually satisfactory solution of any matter raised in accordance with this Article. For the purposes of this Chapter, the terms "Party", "party to the dispute", "complaining Party" and "Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the Complaining Partycomplained against" can denote one or more Parties. 2. Any A Party may request in writing consultations with another Party if it considers that a measure is inconsistent with this Agreement. The Party requesting consultations shall at the same time notify the other Parties in writing of the request. The Party to which the request is made shall reply within ten days from the receipt of the request. Consultations shall take place in the Joint Committee unless the Parties making and receiving the request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same timeagree otherwise. 3. If a request for consultations is made, the Party Complained Against Consultations shall reply to the request commence within ten (10) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after from the date of receipt of the requestrequest for consultations. Consultations on urgent matters, with a view to reaching a mutually satisfactory solutionincluding those on perishable goods, shall commence within 15 days from the receipt of the request for consultations. If the Party Complained Against to which the request is made does not respond reply within the aforesaid ten (10) days, days or does not enter into consultations within 30 days from the aforesaid 30 daysreceipt of the request for consultations, then or within 15 days for urgent matters, the Complaining Party may proceed directly making the request is entitled to request for the establishment of an arbitral arbitration panel under in accordance with Article 612.4. 4. The parties to a the dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how whether the measure might affect the operation of the covered agreement; and (b) is inconsistent with this Agreement or not and treat as any confidential any information exchanged in the course of consultations which in the other party to same manner as the dispute has designated as confidentialParty providing the information. 5. Consultations The consultations shall be confidential and without prejudice to the rights of any Party the Parties in any further proceedings under this Agreement or other proceedings before a forum selected by the Partiesproceedings. 6. The parties to the dispute shall inform the rest other Parties of any mutually agreed resolution of the Parties the outcome of the consultationsmatter. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 7 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreementsthis Agreement. The A Responding Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding to a request for consultations made by the a Complaining PartyParty and shall accord adequate opportunity for such consultations. 2. Any request for consultations shall be submitted in writinggive the reasons for the request, and include including identification of the specific measures at issue, issue and an indication of the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of for the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a A copy of all such requests shall be simultaneously provided to all Parties. The Responding Party shall immediately acknowledge receipt of the request for consultations is madeby way of notification to all Parties, indicating the date on which the request was received. 4. The Responding Party Complained Against shall shall, unless otherwise mutually agreed, reply to the request within ten (10) seven days after the date of its receipt and shall enter into consultations in good faith within a period of not no more than than: (a) ten days after the date of receipt of the request in cases of urgency, including perishable goods; or (b) 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solutionrequest for all other matters. 5. If the Responding Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 daysperiods specified in Paragraph 4, then or a period otherwise mutually agreed, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under tribunal pursuant to Article 68 (Request for Establishment of Arbitral Tribunals). 46. The parties Parties to a the dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter solution through consultations under this Articleconsultations. To this end, the parties Parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of the matter, including how the measure measures at issue might affect the operation implementation or application of the covered agreement; andthis Agreement; (b) treat as any confidential any or proprietary information exchanged in the course of consultations which on the other party same basis as the Party providing the information; and (c) endeavour to make available for the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice to the rights consultations personnel of any Party in any further proceedings under this Agreement its government agencies or other proceedings before a forum selected by regulatory bodies who have responsibility for and/or expertise in the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel matter under Article 6consultation. 7. In cases of urgency, including those which concern perishable goods, Whenever a Party other than the parties Parties to the dispute and arbitral panels shall make every effort to accelerate considers that it has a substantial trade interest in the proceedings consultations, such Party may notify the Parties to the greatest extent possibledispute within seven days after the notification of the request for consultations, of its desire to be joined in the consultations. Such notification shall be simultaneously provided to all Parties. Such Party shall be joined in the consultations if the Parties to the dispute agree.

Appears in 6 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreementsmatter described in paragraph 1 of Article 19.3 (Scope). The A Responding Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding to a request for consultations made by the a Complaining Party. 2Party and shall accord adequate opportunity for such consultations. Any request for consultations made pursuant to paragraph 1 shall be submitted in writinggive the reasons for the request, and include including identification of the specific measures at issue, issue and an indication of the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of for the complaint. The Complaining Party shall send simultaneously provide a copy of the request for consultations made pursuant to paragraph 1 to the other Parties. The Responding Party Complained Against and the rest shall immediately acknowledge its receipt of the Parties. Upon receiptrequest for consultations made pursuant to paragraph 1, the Party Complained Against shall promptly acknowledge receipt by way of such request notification to the Complaining Party and Party, indicating the rest date on which the request was received, otherwise the date when the request was made shall be deemed to be the date of the Parties at Responding Party’s receipt of the same time. 3request. If The Responding Party shall simultaneously provide a request for consultations is made, copy of the notification to the other Parties. The Responding Party Complained Against shall shall: reply to the request within ten (10) for consultations made pursuant to paragraph 1 no later than seven days after the date of its receipt of the request; and simultaneously provide a copy of the reply to the other Parties. The Responding Party shall enter into consultations no later than: 15 days after the date of its receipt of the request for consultations made pursuant to paragraph 1 in good faith within a period cases of not more than urgency including those which concern perishable goods; or 30 days after the date of its receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 4consultations made pursuant to paragraph 1 regarding any other matter. The parties Parties to a the dispute shall engage in consultations in good faith and make every effort in good faith to reach a mutually satisfactory resolution of any matter agreed solution through consultations under this Articleconsultations. To this end, the parties Parties to the dispute shall: (a) : provide sufficient information as may be reasonably available in the course of consultations to enable a full examination of the matter, including how the measure measures at issue might affect the operation implementation or application of the covered agreementthis Agreement; and (b) treat as any confidential any or proprietary information exchanged in the course of consultations which on the same basis as the Party providing the information; and endeavour to make available for the consultations personnel of their government agencies or other party to regulatory bodies who have responsibility for or expertise in the dispute has designated as confidential. 5matter. Consultations The consultations shall be confidential and without prejudice to the rights of any Party to the dispute in any further proceedings under this Agreement or other proceedings before proceedings. Whenever a forum selected by Party other than the Parties. The parties Parties to the dispute shall inform considers that it has a substantial trade interest in the rest of consultations, such Party may notify the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more no later than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) seven days after the date of receipt of the consultations request, copy of the Complaining Party may proceed directly to request for consultations referred to in paragraph 3, of its desire to be joined in the establishment consultations. The notifying Party shall simultaneously provide a copy of an arbitral panel under Article 6. 7the notification to the other Parties. In cases of urgency, including those which concern perishable goods, The notifying Party shall be joined in the parties consultations if the Parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possibleagree.

Appears in 3 contracts

Samples: Regional Comprehensive Economic Partnership Agreement, Regional Comprehensive Economic Partnership Agreement, Regional Comprehensive Economic Partnership Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the Complaining Partymatter referred to in Article 3. 2. During consultations, Parties should give special attention to the particular problems and interests of developing country Parties. 3. Any request for consultations shall be submitted in writinggive the reasons for the request, and include including identification of the specific measures at issue, issue and an indication of the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of for the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 34. A copy of all requests for consultations shall be simultaneously provided to all Parties. 5. If a request for consultations is madeParty requests consultations, the other Party Complained Against shall reply to the request for consultations and circulate the reply to all Parties within ten (10) 10 days after of the date request for consultations, and enter into the consultations in good faith within 30 days of its receipt the request. In cases of urgency, including perishable goods, the other Party shall reply and shall circulate the reply to all Parties within 10 days, and enter into consultations in good faith within a period of not more than 30 days after 10 days. 6. Consultations may be held in person or by any technological means available to the date of receipt consulting Parties. If in person, consultations shall be held in the capital of the request, with a view Party to reaching a mutually satisfactory solution. If which the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for consultations was made under paragraph 1, unless the establishment of an arbitral panel under Article 6consulting Parties agree otherwise. 47. The parties to a dispute Parties shall make every effort in good faith to reach a mutually satisfactory resolution of any matter solution through consultations under this Articleconsultations. To this end, the parties to the dispute Parties shall: (a) provide Provide sufficient information as may be reasonably available to enable a full examination of the matter, including how the measure measures at issue might affect the operation implementation or application of the covered agreement; andthis Agreement; (b) treat as Treat any confidential any or proprietary information exchanged in the course of consultations which confidentially, in accordance with each Party's domestic legislative requirements; and (c) Endeavour to make personnel from its government agencies or other regulatory bodies who have responsibility for or expertise in the other party to matter under consultation available for the dispute has designated as confidentialconsultations. 58. If a Party other than the Parties engaged in the consultations (Third Party) considers that it has a substantial or systemic interest in the consultations, it may be joined in the consultations upon notifying the Parties engaged in the consultations within 10 days of the request for consultations of its desire to be joined in the consultations. Such notification shall include an explanation of the Party's substantial or systemic interest in the matter and be provided simultaneously to all Parties. Such Party shall be joined in the consultations if the consulting Parties agree. 9. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsChapter. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 3 contracts

Samples: Pacific Agreement on Closer Economic Relations Plus, Pacific Agreement on Closer Economic Relations Plus, Pacific Agreement on Closer Economic Relations Plus

Consultations. 1. Any The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and 9 For the purposes of this Chapter, the terms “Party”, “party to the dispute”, “complaining Party” and “Party may request complained against” can denote one or more Parties. consultations to reach a mutually satisfactory solution of any matter raised in accordance with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the Complaining Partythis Article. 2. Any A Party may request in writing consultations with another Party if it considers that a measure is inconsistent with this Agreement. The Party requesting consultations shall at the same time notify the other Parties in writing of the request. The Party to which the request is made shall reply within ten days from the receipt of the request. Consultations shall take place in the Joint Committee, unless the Parties making and receiving the request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same timeagree otherwise. 3. If a request for consultations is made, the Party Complained Against Consultations shall reply to the request commence within ten (10) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after from the date of receipt of the requestrequest for consultations. Consultations on urgent matters, with a view to reaching a mutually satisfactory solutionincluding those on perishable goods, shall commence within 15 days from the receipt of the request for consultations. If the Party Complained Against to which the request is made does not respond reply within the aforesaid ten (10) days, days or does not enter into consultations within 30 days from the aforesaid 30 daysreceipt of the request for consultations, then or within 15 days for urgent matters, the Complaining Party may proceed directly making the request is entitled to request for the establishment of an arbitral arbitration panel under in accordance with Article 611.4 (Establishment of Arbitration Panel). 4. The parties to a the dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how whether the measure might affect the operation of the covered agreement; and (b) is inconsistent with this Agreement or not and treat as any confidential any information exchanged in the course of consultations which in the other party to same manner as the dispute has designated as confidentialParty providing the information. 5. Consultations The consultations shall be confidential and without prejudice to the rights of any Party the parties to the dispute in any further proceedings under this Agreement or other proceedings before a forum selected by the Partiesproceedings. 6. The parties to the dispute shall inform the rest other Parties of any mutually agreed resolution of the Parties the outcome of the consultationsmatter. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect The Parties shall endeavour to resolve any dispute arising under the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made referred to in Article 15.2 (Scope) by the Complaining Party. 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against shall reply to the request within ten (10) days after the date of its receipt and shall enter entering into consultations in good faith with the aim of reaching a mutually agreed solution. 2. A Party shall seek consultations by means of a written request to the other Party, copied to the Trade Committee, identifying the measure at issue and the relevant provisions of this Agreement. 3. Consultations shall be held within a period of not more than 30 days after of the date of receipt of the request referred to in paragraph 2 and take place, unless the Parties agree otherwise, in the territory of the Party to which the request is made. The consultations shall be deemed concluded within 45 days of the date of receipt of the request, with a view unless both Parties agree to reaching a mutually satisfactory solutioncontinue consultations. If Consultations, in particular all information disclosed and positions taken by the Party Complained Against does not respond within the aforesaid ten (10) daysParties, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice to the rights of any either Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsproceedings. 64. In cases Consultations on matters of urgency, including those which concern regarding perishable goods, the parties to the dispute seasonal goods or seasonal services, shall enter into consultations be held within a period 15 days of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the request referred to in paragraph 2. The consultations requestshall be deemed concluded within 20 days, unless both Parties agree to continue consultations. 5. The Party that sought consultations may have recourse to Article 15.5 (Initiation of the Complaining Arbitration Procedure) if: (a) the other Party may proceed directly does not respond to the request for consultations within 15 days of the establishment date of an arbitral panel under Article 6its receipt; (b) the consultations are not held within the timeframes provided for in paragraphs 3 or 4; (c) the Parties agree not to have consultations; or (d) the consultations have been concluded without a mutually agreed solution. 76. In cases During consultations each Party shall provide sufficient factual information for an examination of urgency, including those the manner in which concern perishable goods, the parties to measure at issue could affect the dispute operation and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possibleapplication of this Agreement.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreementsthis Agreement. The A Responding Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding to a request for consultations made by the a Complaining Party. 2Party and shall accord adequate opportunity for such consultations. Any request for consultations shall be submitted in writinggive the reasons for the request, and include including identification of the specific measures at issue, issue and an indication of the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of for the complaint. A copy of all such requests shall be simultaneously provided to all Parties. The Complaining Responding Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly immediately acknowledge receipt of such the request by way of notification to all Parties, indicating the Complaining date on which the request was received. The Responding Party and the rest of the Parties at the same time. 3. If a request for consultations is madeshall, the Party Complained Against shall unless otherwise mutually agreed, reply to the request within ten (10) seven days after the date of its receipt and shall enter into consultations in good faith within a period of not no more than than: ten days after the date of receipt of the request in cases of urgency, including perishable goods; or 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solutionrequest for all other matters. If the Responding Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 daysperiods specified in Paragraph 4, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations requestotherwise mutually agreed, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under tribunal pursuant to Article 6. 78 (Request for Establishment of Arbitral Tribunals). In cases of urgency, including those which concern perishable goods, the parties The Parties to the dispute and arbitral panels shall make every effort to accelerate reach a mutually satisfactory solution through consultations. To this end, the proceedings Parties to the greatest extent possibledispute shall: provide sufficient information to enable a full examination of the matter, including how the measures at issue might affect the implementation or application of this Agreement; treat any confidential or proprietary information exchanged in the course of consultations on the same basis as the Party providing the information; and endeavour to make available for the consultations personnel of its government agencies or other regulatory bodies who have responsibility for and/or expertise in the matter under consultation. Whenever a Party other than the Parties to the dispute considers that it has a substantial trade interest in the consultations, such Party may notify the Parties to the dispute within seven days after the notification of the request for consultations, of its desire to be joined in the consultations. Such notification shall be simultaneously provided to all Parties. Such Party shall be joined in the consultations if the Parties to the dispute agree.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Consultations. 1. Any The Parties shall at all times endeavour to make every effort through cooperation, dialogue, consultations and exchange of information to address any matter arising under this Chapter. 2. A Party may request consultations (hereinafter referred to as the “requesting party") with another Party (hereinafter referred to as the “responding party”) regarding any other Party with respect to any dispute matter arising under this Chapter by delivering a written request to the covered agreementsresponding party’s contact point. The Party Complained Against requesting party shall accord due consideration set out the reasons for the request and adequate opportunity for consultations regarding state the matter at issue, to enable the responding party to respond. The other Parties shall be informed that a request for consultations made by the Complaining Party. 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have has been breached and any other relevant provisions) of the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same timesubmitted. 3. If a request for consultations is made, the Party Complained Against The responding party shall reply respond to the request within ten (10) in writing no later than 90 days after the date receipt of its receipt the request. The period for responding to the request may be extended by a further period of 30 days from the request of the responding party. 4. The requesting party and the responding party (hereinafter referred to as the “consulting parties”) shall enter into consultations in good faith within a period of not more faith. Such consultations shall be held between the appropriate government representatives, as respectively designated by the consulting parties. 5. Unless the consulting parties agree otherwise, the consulting parties shall enter into consultations promptly, and no later than 30 150 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If request by the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6responding party. 46. Consultations shall take place in the Joint Committee, unless the consulting parties agree otherwise. 7. The consulting parties may agree to a dispute seek advice from any expert or body they deem appropriate, to assist them in the consultations. 8. The consulting parties shall make every effort in good faith to reach arrive at a mutually satisfactory resolution of any matter through consultations agreed solution to the matter, which may include appropriate cooperative activities. 9. Consultations may be held in person or by other technological means available. 10. Consultations under this Article. To this end, the outcomes, and the positions taken by the Parties during such consultations, shall be confidential. Notwithstanding the preceding sentence, the outcome of these consultations shall be made public unless the consulting parties to agree otherwise. Where the dispute shall:outcome of consultations is made public, this shall be through a jointly agreed report. (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) 11. Each Parties shall treat as confidential any information exchanged in the course of consultations which the other party to the dispute another Party has designated as confidential. 512. Consultations shall be confidential and without prejudice Notwithstanding paragraphs 1 to 11, where the rights of any Party in any further proceedings matter arising under this Agreement Chapter regards compliance with obligations under a multilateral environmental agreement to which the consulting parties are a party, the requesting party should, where appropriate, address the matter through the consultative procedure or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsprocedures under that multilateral environmental agreement. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 2 contracts

Samples: Trade and Economic Partnership Agreement, Trade and Economic Partnership Agreement

Consultations. 1. Any A Party or Parties may make a request in writing for consultations with any to other Party with respect or Parties concerning any matter on the interpretation or application of this Agreement where the complaining party considers that any benefit accruing to any dispute arising it under this Agreement is being nullified or impaired as a result of the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding failure of the party complained against to carry out its obligations under this Agreement, or as a request for consultations made result of the application by the Complaining Party. 2party complained against of measures which are in conflict with its obligations under this Agreement. Any request for consultations shall be submitted in writing, and include containing the identification of the specific measures at issue, issue and indication of the factual and legal basis (including the provisions of any of the covered agreements this Agreement alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party complaining party shall send at the request to the Party Complained Against and same time notify the rest of the PartiesParties thereof. Upon receiptreceipt of the request referred to in paragraph 1, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten (10) days after the date of its receipt of the request and shall enter into consultations in good faith within a period of not more than 30 thirty (30) days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) shall provide each other with sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5dispute. Consultations shall be confidential between the parties to the dispute and are without prejudice to the rights of any Party in any further proceedings under this Agreement Chapter or in other proceedings before a forum selected by the Partiesproceedings. The parties to the dispute shall inform the rest of the Parties of the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not no more than ten (10) days after the date of receipt of the request by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7party complained against. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings consultations to the greatest extent possible.

Appears in 2 contracts

Samples: Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Party.implementation or application of the Framework Agreement whereby: (a) any benefit accruing to the complaining party directly or indirectly under the Framework Agreement is being nullified or impaired; or (b) the attainment of any objective of the Framework Agreement is being impeded, as a result of the failure of the party complained against to carry out its obligations under the Framework Agreement.1 2. Any request for consultations shall be submitted in writing, and which shall include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements Framework Agreement alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same timesimultaneously. 1 Non-violation disputes are not permitted under this Agreement. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten (10) 7 days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten (10) 7 days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party complaining party may proceed directly to request for the establishment appointment of an arbitral panel tribunal under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Articleconsultations. To this end, the parties to the dispute concerned shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreementFramework Agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute concerned has designated as confidential. 5. Consultations shall be confidential confidential, and are without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsproceedings. 6. In cases of urgency, including those which concern perishable goods, Whenever a Party (other than the parties to a dispute) considers that it has a substantial interest in consultations being held pursuant to this Article, such Party may notify the parties to a dispute shall enter into in writing of its desire to be joined in the consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) 10 days after the date of receipt of the request for consultations requestby the party complained against. Such Party shall be joined in the consultations provided that the party complained against agrees that the claim of substantial interest is well founded. The party complained against shall inform the complaining party and the rest of the Parties of its decision prior to the commencement of the consultations. If the request to be joined in the consultations is not accepted, the Complaining requesting Party may proceed directly shall be free to request for the establishment of an arbitral panel separate consultations under Article 6this Article. 7. In cases of urgency, including those which concern perishable goods, the parties concerned shall enter into consultations within a period of no more than 10 days after the date of receipt of the request by the party complained against. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request by the party complained against, the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6. 8. In cases of urgency, including those which concern perishable goods, the parties to a dispute and arbitral panels tribunals shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 2 contracts

Samples: Dispute Settlement Mechanism Agreement, Dispute Settlement Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration to and afford adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Partyinterpretation, implementation or application of any covered agreement, wherever the complaining party considers that: (a) a measure of the party complained against is inconsistent with its obligations under the covered agreements; or (b) the party complained against has otherwise failed to carry out its obligations under the covered agreements, which results in nullification or impairment of any benefits accruing to the complaining party under the covered agreements or impediment of the attainment of any objective of the covered agreements. 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisionsprovision) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten seven (107) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 thirty (30) days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten seven (107) days, or does not enter into consultations within the aforesaid 30 thirty (30) days, then the Complaining Party complaining party may proceed directly to request for the establishment of an arbitral panel under Article 65. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not no more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.ten

Appears in 2 contracts

Samples: Asean Korea Free Trade Agreement, Framework Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect The Parties shall endeavor to settle any dispute arising regarding any matter established under the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the Complaining Party. 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis Article X.2 (including the provisions Scope of any of the covered agreements alleged to have been breached and any other relevant provisionsApplication) of the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against shall reply to the request within ten (10) days after the date of its receipt and shall enter entering into consultations in good faith with the aim of reaching a mutually agreed solution. 2. A Party shall seek to initiate consultations through a written request to the other Party, copied to the Trade Committee, identifying any measure at issue and the legal basis for the complaint. 3. The requested Party shall reply the request for consultations, with copy to the Trade Committee, within a period of not more than 30 10 days after following the date of receipt of the request. In cases of urgency, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) that timeframe shall be five days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 4. The parties to a the dispute shall make every effort may agree not to engage in good faith consultations pursuant to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties Article and proceed directly to the dispute shall: arbitration panel procedure pursuant to Article X.4 (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation Initiation of the covered agreement; and (b) treat as confidential any information exchanged Arbitration Proceedings). Such decision shall be notified in the course of consultations which the other party writing to Trade Committee no later than 5 days prior to the dispute has designated as confidentialrequest for the establishment of an arbitration panel. 5. Consultations shall be confidential and without prejudice to held within 30 days following the rights date of any Party in any further proceedings under this Agreement or other proceedings before a forum selected the receipt of the request by the Parties. The requested Party and shall take place, unless the parties to the dispute shall inform agree otherwise, in the rest territory of the Parties the outcome requested Party. Upon agreement of the parties to the dispute, the consultations may take place by any technological means available. Consultations shall be deemed concluded within 30 days following the date of the receipt of the request by the requested Party, unless both parties to the dispute agree to continue consultations. The consultations and all information disclosed during the consultations shall be confidential. 6. In cases of urgency, including those which related to perishable goods or that otherwise concern perishable goodsgoods or services that loose their commercial value quickly, the parties to the dispute as certain seasonal goods or services, consultations shall enter into consultations begin within a period of not more than ten (10) 15 days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after following the date of receipt of the consultations request by the other party in the dispute and shall be deemed concluded within 15 days following the receipt of such request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgencyIf the requested Party does not respond to the request for consultations in accordance with paragraph 3, including those which concern perishable goodsif consultations were not held within the timeframes established in paragraphs 5 and 6 as the case may be, if consultations have been concluded and no mutually agreed solution has been reached, or if the parties to the dispute and arbitral panels shall make every effort have agreed not to accelerate engage in consultations according to paragraph 5, the proceedings complaining Party may request the establishment of an arbitration panel in accordance with Article X.4 (Initiation of Arbitration Proceedings). 8. During consultations each party to the greatest extent possibledispute shall deliver sufficient factual information so as to allow a complete examination of the manner in which the measure in force or proposed, or any other issue, could affect the operation and application of this Agreement. 9. During consultations under this Article, each party to the dispute shall ensure the participation of personnel of their competent governmental authorities with the relevant knowledge on the issue subject of the consultations. 10. Unless otherwise agreed by the Parties to the dispute, when a dispute has been subject to consultations under a specialised body established in this Agreement, such consultations shall replace consultations provided for in this Article provided that the measure at issue and the legal basis of the complaint had been duly identified during such consultations. Consultations held under a specialised body shall be deemed concluded within 30 days following the date of receipt of the request, unless the consulting parties agree to continue in consultations. 11. Within 5 days following the date of the receipt of the request for consultations, a Party which is not a disputing Party, and that has an interest in the dispute, may request in writing to the disputing Parties, with a copy to the Trade Committee, its participation in the consultations. Provided that no Party to the dispute rejects the request, such Party may participate as a third party in accordance with the Rules of Procedure established under this Title. .

Appears in 2 contracts

Samples: Trade Agreement, Trade Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the Complaining Party. 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against shall reply to the request within ten (10) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) : provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) and treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 2 contracts

Samples: Dispute Settlement Agreement, Dispute Settlement Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Party.implementation or application of the Framework Agreement whereby: (a) any benefit accruing to the complaining party directly or indirectly under the Framework Agreement is being nullified or impaired; or (b) the attainment of any objective of the Framework Agreement is being impeded, as a result of the failure of the party complained against to carry out its obligations under the Framework 2. Any request for consultations shall be submitted in writing, and which shall include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements Framework Agreement alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same timesimultaneously. Non-violation disputes are not permitted under this Agreement. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten (10) 7 days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten (10) 7 days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party complaining party may proceed directly to request for the establishment appointment of an arbitral panel tribunal under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Articleconsultations. To this end, the parties to the dispute concerned shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreementFramework Agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute concerned has designated as confidential. 5. Consultations shall be confidential confidential, and are without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsproceedings. 6. In cases of urgency, including those which concern perishable goods, Whenever a Party (other than the parties to a dispute) considers that it has a substantial interest in consultations being held pursuant to this Article, such Party may notify the parties to a dispute shall enter into in writing of its desire to be joined in the consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) 10 days after the date of receipt of the request for consultations requestby the party complained against. Such Party shall be joined in the consultations provided that the party complained against agrees that the claim of substantial interest is well founded. The party complained against shall inform the complaining party and the rest of the Parties of its decision prior to the commencement of the consultations. If the request to be joined in the consultations is not accepted, the Complaining requesting Party may proceed directly shall be free to request for the establishment of an arbitral panel separate consultations under Article 6this Article. 7. In cases of urgency, including those which concern perishable goods, the parties concerned shall enter into consultations within a period of no more than 10 days after the date of receipt of the request by the party complained against. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request by the party complained against, the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6. 8. In cases of urgency, including those which concern perishable goods, the parties to a dispute and arbitral panels tribunals shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Agreement on Dispute Settlement Mechanism

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration to and afford adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Party. 2. interpretation, implementation or application of any covered agreement, wherever the complaining party considers that: a measure of the party complained against is inconsistent with its obligations under the covered agreements; or the party complained against has otherwise failed to carry out its obligations under the covered agreements, which results in nullification or impairment of any benefits accruing to the complaining party under the covered agreements or impediment of the attainment of any objective of the covered agreements.1 Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisionsprovision) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten seven (107) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 thirty (30) days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten seven (107) days, or does not enter into consultations within the aforesaid 30 thirty (30) days, then the Complaining Party complaining party may proceed directly to request for the establishment of an arbitral panel under Article 6. 45. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) : provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) and treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not no more than ten (10) days after the date of receipt by the Party Complained Against party complained against of the request. If the Party Complained Against does not enter into consultations have failed to settle the dispute within ten a period of twenty (1020) days after the date of receipt by the party complained against of the consultations request, the Complaining Party complaining party may proceed directly to request for the establishment of an arbitral panel under Article 6. 75. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Party.implementation or application of the Framework Agreement whereby: (a) any benefit accruing to the complaining party directly or indirectly under the Framework Agreement is being nullified or impaired; or (b) the attainment of any objective of the Framework Agreement is being impeded, as a result of the failure of the party complained against to carry out its obligations under the Framework Agreement.1 2. Any request for consultations shall be submitted in writing, and which shall include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements Framework Agreement alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same timesimultaneously. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten (10) 7 days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten (10) 7 days, or does not enter into consultations within 1 Non-violation disputes are not permitted under this Agreement. the aforesaid 30 days, then the Complaining Party complaining party may proceed directly to request for the establishment appointment of an arbitral panel tribunal under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Articleconsultations. To this end, the parties to the dispute concerned shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreementFramework Agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute concerned has designated as confidential. 5. Consultations shall be confidential confidential, and are without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsproceedings. 6. In cases of urgency, including those which concern perishable goods, Whenever a Party (other than the parties to a dispute) considers that it has a substantial interest in consultations being held pursuant to this Article, such Party may notify the parties to a dispute shall enter into in writing of its desire to be joined in the consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) 10 days after the date of receipt of the request for consultations requestby the party complained against. Such Party shall be joined in the consultations provided that the party complained against agrees that the claim of substantial interest is well founded. The party complained against shall inform the complaining party and the rest of the Parties of its decision prior to the commencement of the consultations. If the request to be joined in the consultations is not accepted, the Complaining requesting Party may proceed directly shall be free to request for the establishment of an arbitral panel separate consultations under Article 6this Article. 7. In cases of urgency, including those which concern perishable goods, the parties concerned shall enter into consultations within a period of no more than 10 days after the date of receipt of the request by the party complained against. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request by the party complained against, the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6. 8. In cases of urgency, including those which concern perishable goods, the parties to a dispute and arbitral panels tribunals shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration to and afford adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Party.interpretation, implementation or application of any covered agreement, wherever the complaining party considers that: (a) a measure of the party complained against is inconsistent with its obligations under the covered agreements; or (b) the party complained against has otherwise failed to carry out its obligations under the covered agreements, 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisionsprovision) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same time. 1) Non-violation disputes are not permitted under this Agreement. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten seven (107) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 thirty (30) days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten seven (107) days, or does not enter into consultations within the aforesaid 30 thirty (30) days, then the Complaining Party complaining party may proceed directly to request for the establishment of an arbitral panel under Article 65. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not no more than ten (10) days after the date of receipt by the Party Complained Against party complained against of the request. If the Party Complained Against does not enter into consultations have failed to settle the dispute within ten a period of twenty (1020) days after the date of receipt by the party complained against of the consultations request, the Complaining Party complaining party may proceed directly to request for the establishment of an arbitral panel under Article 65. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Party.implementation or application of the Framework Agreement whereby: (a) any benefit accruing to the complaining party directly or indirectly under the Framework Agreement is being nullified or impaired; or (b) the attainment of any objective of the Framework Agreement is being impeded, as a result of the failure of the party complained against to carry out its obligations under the Framework Agreement.1 2. Any request for consultations shall be submitted in writing, and which shall include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements Framework Agreement alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same timesimultaneously. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten (10) 7 days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten (10) 7 days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party complaining party may proceed directly to request for the establishment appointment of an arbitral panel tribunal under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Articleconsultations. To this end, the parties to the dispute concerned shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreementFramework Agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute concerned has designated as confidential. 5. Consultations shall be confidential confidential, and are without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsproceedings. 6. In cases of urgency, including those which concern perishable goods, Whenever a Party (other than the parties to a dispute) considers that it has a substantial interest in consultations being held pursuant to this Article, such Party may notify the parties to a dispute shall enter into in writing of its desire to be joined in the consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) 10 days after the date of receipt of the request for consultations requestby the party complained against. Such Party shall be joined in the 1 Non-violation disputes are not permitted under this Agreement. consultations provided that the party complained against agrees that the claim of substantial interest is well founded. The party complained against shall inform the complaining party and the rest of the Parties of its decision prior to the commencement of the consultations. If the request to be joined in the consultations is not accepted, the Complaining requesting Party may proceed directly shall be free to request for the establishment of an arbitral panel separate consultations under Article 6this Article. 7. In cases of urgency, including those which concern perishable goods, the parties concerned shall enter into consultations within a period of no more than 10 days after the date of receipt of the request by the party complained against. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request by the party complained against, the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6. 8. In cases of urgency, including those which concern perishable goods, the parties to a dispute and arbitral panels tribunals shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

Consultations. 1. Any Party one or more of the Republics of Central America may request consultations with any other Party Korea and vice-versa with respect to any dispute arising under matter described in Article 22.2 by delivering written notification through the covered agreementsdesignated office, with copies to the other Parties. The requesting Party Complained Against or Parties shall accord due consideration set out the reasons for the request, including identification of the measure or other matter at issue and adequate opportunity for consultations regarding a request for consultations made by an indication of the Complaining Party. 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of for the complaint. The Complaining other Party shall send the request to the Party Complained Against and the rest reply in writing within 10 days of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against shall reply to the request within ten (10) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request. 2. Consultations may be conducted in person or by technological means and shall be held within 30 days of the date of the receipt of the request and take place, with a view to reaching a mutually satisfactory solution. If unless the Parties agree otherwise, in the territory of the Party Complained Against does not respond to whom the consultations were requested. The consultations shall be deemed concluded within 60 days of the aforesaid ten (10) daysdate of the receipt of the request, unless the Parties agree to continue consultations. All information disclosed during the consultations shall remain confidential and without prejudice to the rights of any Party in any further proceedings. 3. Consultations on matters of urgency, including those regarding perishable or does not enter into consultations seasonal goods1 or goods or services that rapidly lose their trade value such as certain seasonal goods or services, shall be held within 15 days of the aforesaid 30 daysdate of the receipt of the request, then and shall be deemed concluded within 20 days of the Complaining Party may proceed directly to request for date of the establishment receipt of an arbitral panel under Article 6the request. 4. If consultations are not held within the time frames laid down in paragraph 2 or 3 respectively, or if consultations have been concluded and no agreed solution has been reached, the requesting Party may request the intervention of the Joint Committee in accordance with Article 22.5. 5. The parties to a dispute consulting Parties shall make every effort in good faith attempt to reach arrive at a mutually satisfactory resolution solution of any matter through consultations under this Article. To this end, the parties to the dispute Each Party shall: (a) provide sufficient information as may be reasonably available in the consultations to enable a full examination of how the measure matter subject to consultations might affect the operation of the covered agreementthis Agreement; and (b) treat as any confidential any information exchanged in the course of consultations which on 1 For greater certainty, perishable goods means perishable agricultural and fish goods classified in HS Chapters 1 through 24. Seasonal goods are goods whose imports, over a representative period, are not spread over the whole year but concentrated on specific times of the year as a result of seasonal factors. the same basis as the Party providing the information. 6. In consultations under this Article, a Party may request that the other party to Party make available personnel of its government agencies or other regulatory bodies who have expertise in the dispute has designated as confidentialmatter at issue. 57. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsproceedings. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

Consultations. 1. Any Either Party may request in writing consultations with the other Party concerning any matter described in Article 13.1 (Scope). 2. The complaining Party shall deliver the request for consultations to the other Party, setting out the reasons for the request, including identification of the measure at issue and an indication of the factual and legal basis for the complaint, as well as providing sufficient information to enable an examination of the matter. 3. The responding Party shall immediately acknowledge its receipt of the request for consultations made pursuant to paragraph 1, by way of notification to the complaining Party, indicating the date on which the request was received, otherwise the date when the request was made shall be deemed to be the date of the responding Party’s receipt of the request. 4. Each Party shall accord adequate opportunity for consultations with the other Party with respect to any dispute arising under matter affecting the covered agreementsinterpretation, application or implementation of this Agreement. The Party Complained Against shall accord due consideration and adequate opportunity for Any differences shall, as far as possible, be settled through consultations regarding a request for consultations made by between the Complaining PartyParties. 25. Any request for Unless the Parties agree otherwise, (a) consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against shall reply to the request held within ten (10) 30 days after the date of its receipt of the request and take place, in the territory of the Party complained against or any other venue mutually agreed on. The consultations shall be deemed concluded within 60 days after the date of receipt of the request; (b) consultations on matters of urgency, including those regarding perishable goods, shall be held within 15 days after the date of receipt of the request, and shall enter into consultations in good faith be deemed concluded within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If ; (c) if the Party Complained Against to which the request is made does not respond to the request for consultations within 10 days after the date of its receipt, or if consultations are not held within the aforesaid ten (10timeframes laid down in paragraph 5(a) daysof this Article or in paragraph 5(b) of this Article respectively, or does not enter into if consultations within have been concluded and no solution has been agreed upon by the aforesaid 30 daysParties, then the Complaining complaining Party may proceed directly to request for the establishment of an arbitral panel under Arbitral Panel in accordance with Article 613.5 (Establishment of an Arbitral Panel). 46. The parties to a dispute Parties shall make every effort in good faith attempt to reach a mutually satisfactory resolution agreed solution through consultations of any matter through consultations under raised in accordance with this Article. To this end, the parties to the dispute Parties shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation interpretation, application or implementation of the covered agreementthis Agreement; and (b) treat as any secret and confidential any information exchanged in the course of consultations which on the same basis as the Party providing the information. 7. For the purposes of consultations under this Article, a Party may request the other party Party to make available personnel of its government agencies or other regulatory bodies who have expertise in the dispute has designated as confidentialmatter. 58. Consultations The consultations under this Article shall be confidential and without prejudice to the rights of any Party in any further or other proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsChapter. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Party.implementation or application of the Framework Agreement whereby: (a) any benefit accruing to the complaining party directly or indirectly under the Framework Agreement is being nullified or impaired; or (b) the attainment of any objective of the Framework Agreement is being impeded, as a result of the failure of the party complained against to carry out its obligations under the Framework Agreement.1 2. Any request for consultations shall be submitted in writing, and which shall include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements Framework Agreement alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same timesimultaneously. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten (10) 7 days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten (10) 7 days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party complaining party may proceed directly to request for the establishment appointment of an arbitral panel tribunal under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Articleconsultations. To this end, the parties to the dispute concerned shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreementFramework Agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute concerned has designated as confidential. 5. Consultations shall be confidential confidential, and are without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsproceedings. 6. In cases of urgency, including those which concern perishable goods, Whenever a Party (other than the parties to a dispute) considers that it has a substantial interest in consultations being held pursuant to this Article, such Party may notify the parties to a dispute shall enter into in writing of its desire to be joined in the consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) 10 days after the date of receipt of the request for consultations requestby the party complained against. Such Party 1 Non-violation disputes are not permitted under this Agreement. shall be joined in the consultations provided that the party complained against agrees that the claim of substantial interest is well founded. The party complained against shall inform the complaining party and the rest of the Parties of its decision prior to the commencement of the consultations. If the request to be joined in the consultations is not accepted, the Complaining requesting Party may proceed directly shall be free to request for the establishment of an arbitral panel separate consultations under Article 6this Article. 7. In cases of urgency, including those which concern perishable goods, the parties concerned shall enter into consultations within a period of no more than 10 days after the date of receipt of the request by the party complained against. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request by the party complained against, the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6. 8. In cases of urgency, including those which concern perishable goods, the parties to a dispute and arbitral panels tribunals shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

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Consultations. 1. Any Party may request in writing consultations with any other Party with respect regard to any dispute arising under the covered agreementsmatter referred to in Article 17.3. The consulting Party Complained Against shall accord due consideration and adequate opportunity deliver the request to the other Party, explaining the reasons for consultations regarding a request for consultations made by the Complaining Party. 2. Any request for consultations shall be submitted in writingrequest, and include the specific measures at issue, and the factual and legal basis (including the provisions of any identification of the covered agreements alleged to have been breached applicable measure and any other relevant provisions) indication of the legal grounds for the complaint. The Complaining consulting Party shall promptly send a copy of the request to the Party Complained Against and the rest of the other Parties. Upon receipt, the Party Complained Against The Consultee shall promptly acknowledge reply in writing to the request for consultations, within 10 days of receipt of such request to request. The consultations shall be entered into in good faith. Notwithstanding the Complaining Party and provisions of paragraph 5, the rest consultations shall take place within 30 days of the date the request is received, unless the consulting Parties at the same time. 3agree to a different timeframe. If a request for consultations is madeIn urgent circumstances, such as those related to perishable goods, the Party Complained Against consultations shall reply to be carried out within 15 days of the date the request within ten (10) days after is received, unless the date consulting Parties agree to a different timeframe. The consulting Parties shall ensure that consultations are organised in an expedited and timely manner, including the involvement of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt their competent authorities or other regulatory bodies with technical knowledge of the request, with a view to reaching a mutually satisfactory solution. If subject matter of the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 4consultations. The parties to a dispute consulting Parties shall make every effort in good faith to reach a mutually satisfactory resolution of any the matter through consultations under undergoing consultation pursuant to the provisions of this Article. To this end, the parties to the dispute shall: (a) each consulting Party: Shall provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation or subject matter of the covered agreementconsultations; and (b) and Shall treat confidential or proprietary information received during consultations on the same basis as confidential any information exchanged in the course of Party providing the information. The consultations which the other party to the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice to confidential, notwithstanding the rights of any Party the Parties in any further proceedings under this Agreement other proceedings. The consultations may be carried out in person or by any other proceedings before a forum selected technological means agreed by the consulting Parties. The parties to If in person, consultations must be carried out in the dispute shall inform territory of the rest consultee, unless the consulting Parties agree otherwise. Any of the Parties that considers itself to have an interest in the outcome subject matter of the consultations. 6, may participate in the consultations in the capacity of a third party, if it informs the other Parties in writing within five days of receiving a copy of the request for consultations. In cases Parties participating in consultations in the capacity of urgencya third party may express their opinions on the matter at issue, including those which concern perishable goodsduring consultations. The involvement of third parties shall not affect the consultations, in order that the parties consulting Parties may achieve a mutually satisfactory solution to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6matter at issue. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Additional Protocol

Consultations. 19.1. Any Party may request in writing consultations with another Party regarding any [actual or proposed] measure [or regarding any other Party with respect to any dispute arising under matter] that it considers might affect the covered agreementsoperation or application of the Agreement. 9.2. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the Complaining Party. 2. Any request for requesting consultations shall be submitted indicate in writing, the request the [actual or proposed] measure [or any other matter] complained of and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached this Agreement that it considers relevant, and any other relevant provisions) of the complaint. The Complaining Party shall send deliver the request to the Party Complained Against and to whom the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a request for consultations is made, made and the FTAA Secretariat. The FTAA Secretariat shall notify such request within [...] days to all FTAA Parties. 9.3. The Party Complained Against shall reply to which the request is made shall respond to it within ten (10) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not and shall enter into consultations within thirty (30) days of the aforesaid 30 days, then date on which the Complaining Party may proceed directly to which the request is made receives it. [When the Party to which the request for consultations is made is [a developing country]] [of a lower level of development than the establishment Party requesting consultations], it may have an extension of this time period of up to [thirty (30)] [fifteen (15)] days.] [If the Party to whom the request for consultations was made, considers it necessary to have an arbitral panel under Article 6extension of the period within which to initiate such consultations, the Party requesting consultations shall give due consideration to this request, taking into account the relevant circumstances, including differences in the level of development and size of economies. Such extension shall be for no more than fifteen (15) days unless otherwise agreed by the Parties.] [The Party to which the request is made may apply to the FTAA Secretariat or the Executive Body for Dispute Settlement for an extension of the period within which it must enter into consultations, provided that such extension shall not exceed [...] days. In considering whether to grant the extension, [the FTAA Secretariat,] [the Director General of the FTAA Secretariat,] [the Executive Body for Dispute Settlement] [or the Chair of the Executive Body for Dispute Settlement,] shall take into account the differences in levels of development and size of economies.] 9.4. A Party other than the Consulting Parties may join consultations, provided that, within [...] days of the date on which the notification of the request for consultations was received by that Party, it notifies its interest in doing so to all Parties, and that [neither the Party that requested consultations nor the Party to which the request for consultations was made objects] [the Party to which the request for consultations was made does not object] within […] days.5 Such objection to the request to be joined shall be notified to all Parties within […] days. 49.5. The parties to a dispute shall make every effort Parties participating in good faith to reach a mutually satisfactory resolution of any matter through the consultations under this Article. To this end, the parties to the dispute shall: (a) : provide sufficient information as may be reasonably available to enable a full examination of how the [actual or proposed] measure [or other matter], might affect the operation or application of the covered agreementthis Agreement; and (b) and treat as any confidential any information exchanged in the course of consultations which on the other party to same basis as the dispute has designated as confidentialParty providing the information. 59.6. Consultations shall be confidential [, and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before proceedings.] 9.7. Consultations shall take place at a forum selected venue agreed by the Consulting Parties. The parties to , or in the dispute shall inform absence thereof, [at a venue chosen by the rest party with the lower level of development] [at the headquarters of the Parties FTAA Secretariat] [in the outcome capital city of the consultations. 6. In cases of urgency, including those which concern perishable goods, Party to whom the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6consultations was made]. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Draft Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration to and afford adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Party.interpretation, implementation or application of any covered agreement, wherever the complaining party considers that: (a) a measure of the party complained against is inconsistent with its obligations under the covered agreements; or (b) the party complained against has otherwise failed to carry out its obligations under the covered agreements, which results in nullification or impairment of any benefits accruing to the complaining party under the covered agreements or impediment of the attainment of any objective of the covered agreements.1 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisionsprovision) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten seven (107) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 thirty (30) days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten seven (107) days, or does not enter into consultations within the 1 Non-violation disputes are not permitted under this Agreement. aforesaid 30 thirty (30) days, then the Complaining Party complaining party may proceed directly to request for the establishment of an arbitral panel under Article 65. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not no more than ten (10) days after the date of receipt by the Party Complained Against party complained against of the request. If the Party Complained Against does not enter into consultations have failed to settle the dispute within ten a period of twenty (1020) days after the date of receipt by the party complained against of the consultations request, the Complaining Party complaining party may proceed directly to request for the establishment of an arbitral panel under Article 65. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

Consultations. 1. Any Either Party may request in writing consultations with any the other Party with respect to any dispute arising under measure that it considers might affect the covered agreementsoperation of this Agreement. 2. The requesting Party Complained Against shall deliver the request to the other Parties and to the Commission (Chapter XI ). 3. Each Party shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by with another Party with respect to any matter affecting the Complaining Party. 2implementation, interpretation or application of this Agreement. Any request differences shall as far as possible be settled through consultation between the Parties 4. The requesting Party shall set out the reasons for consultations shall be submitted in writingthe request, including identification of the measure at issue and an indication of the legal basis for the complaint, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party shall send deliver the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same timeother Party. 35. If a request for consultations is made, the Party Complained Against to which the request is made shall reply to the request in writing within ten (10) 7 days after the date of its receipt and shall enter into consultations in good faith within a period of not more than than: (a) 15 days after the date of receipt of the request for matters concerning perishable goods; or (b) 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6all other matters. 46. The parties to a dispute Parties shall make every effort in good faith attempt to reach arrive at a mutually satisfactory resolution of any matter through consultations under this ArticleArticle or other consultative provisions of this Agreement. To this end, the parties to the dispute Parties shall: (a) : provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation and application of the covered agreementthis Agreement; and (b) and treat as any confidential any information exchanged in the course of consultations which on the same basis as the Party providing the information. 7. In consultations under this Article, a Party may request the other party Party to make available personnel of its government agencies or other regulatory bodies who have expertise in the dispute has designated as confidentialsubject matter of consultations. 58. Consultations The consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsproceedings. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Free Trade Agreement

Consultations. 1. Any A Party may request consultations with any other another Party with respect to any dispute arising under the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the Complaining Partymatter described in Article 31.2 (Scope). 2. Any The Party making the request for consultations shall be submitted do so in writing, and include shall set out the reasons for the request, including identification of the specific measures measure or other matter at issue, issue and an indication of the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of for the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a The requesting Party shall deliver the request for consultations is made, the Party Complained Against shall reply concurrently to the request within ten (10) other Parties through their respective Section of the Secretariat, including a copy to its Section. 4. A third Party that considers it has a substantial interest in the matter may participate in the consultations by notifying the other Parties in writing through their respective Section of the Secretariat, including a copy to its Section, no later than 7 days after the date of delivery of the request for consultations. The Party shall include in its receipt and notice an explanation of its substantial interest in the matter. 5. Unless the consulting Parties agree otherwise, they shall enter into consultations in good faith within a period no later than: (a) 15 days after the date of not more than delivery of the for matters concerning perishable goods1; or (b) 30 days after the date of receipt delivery of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6all other matters. 46. The parties to a dispute consulting Parties shall make every effort in good faith attempt to reach arrive at a mutually satisfactory resolution of any a matter through consultations under this ArticleArticle or other consultative provisions of this Agreement. To this end, the parties to the dispute shall: (a) each consulting Party shall provide sufficient information as may be reasonably available to enable a full examination of how the actual or proposed measure or other matter at issue might affect the operation or application of this Agreement; 1 For the covered agreement; andpurposes of this Chapter, perishable goods means perishable agricultural and fish goods classified in HS Chapters 1 through 24. (b) a Party that participates in the consultations shall treat as confidential any information exchanged in the course of consultations that is designated as confidential on the same basis as the Party providing the information; and (c) the consulting Parties shall seek to avoid a resolution that adversely affects the interests of another Party under this Agreement. 7. Consultations may be held in person or by a technological means available to the consulting Parties. If the consultations are held in person, they shall be held in the capital of the Party to which the other party to request for consultations was made, unless the dispute has designated as confidentialconsulting Parties agree otherwise. 58. In consultations under this Article, a consulting Party may request that another consulting Party make available personnel of its government agencies or other regulatory bodies who have expertise in the matter at issue. 9. Consultations shall be confidential and without prejudice to the rights of any a Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsanother proceeding. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

Consultations. 1. Any A Party (the requesting Party) may request bilateral expert consultations with another Party (the responding Party) regarding any other Party with respect to any dispute matter arising under this Chapter by delivering a written request to the covered agreementsresponding Party’s contact point referred to in Article 143 (Contact points). The request shall set out the reasons for requesting consultations, including information that is specific and sufficient, and identify the provisions of this Chapter considered to be applicable, to enable the responding Party Complained Against to respond. The requesting Party shall accord due consideration and adequate opportunity for consultations regarding inform the other Parties, through the contact points referred to in 19 In the case of Chile, the contact point shall be in its Undersecretariat of International Economic Relations of the Ministry of Foreign Affairs or its successor. Article 143 (Contact points), that a request for bilateral expert consultations made by the Complaining Partyhas been submitted. 2. Any request for consultations shall be submitted in writing, and include Unless otherwise agreed by the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining requesting Party and the rest responding Party (Consulting Parties), bilateral expert consultations shall begin no later than 30 days from the receipt of the request for consultations. The Consulting Parties at shall promptly inform the same timeother Parties of any mutually agreed resolution of the matter. 3. If the Consulting Parties do not reach a mutually agreed solution through bilateral expert consultations in accordance with paragraph 2, within 90 days from the receipt of the request for such consultations, a Consulting Party may request in writing consultations is made, in the Party Complained Against shall reply to the request within ten (10) days after the date of its receipt Sub-Committee on trade and sustainable development. 4. The Consulting Parties shall enter into consultations in good faith within a period of not more the Sub-Committee on on trade and sustainable development promptly, and no later than 30 days after the date of receipt pursuant to paragraph 3 by the responding Party of the request, with a view to reaching a mutually satisfactory solution. If For the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment purposes of an arbitral panel under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this endparagraph, the parties to Sub-Committee on on trade and sustainable development shall be composed only by the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidentialConsulting Parties. 5. Consultations shall be confidential and without prejudice The Consulting Parties may agree to the rights of seek advice from any Party expert or body they deem appropriate to assist them in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultations. 6. In cases Consultations may be held in person or by any other means of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt communication agreed by the Party Complained Against Consulting Parties. If consultations are held in person, they shall be held in the Responding Party, unless the consulting Parties agree otherwise. 7. The Consulting Parties shall promptly inform the other Parties of any mutually agreed resolution of the requestmatter. If Any solution or decision reached by the Party Complained Against does not enter into consultations within ten (10) Consulting Parties shall be made publicly available, unless they agree otherwise. 9. Consultations shall be deemed to be concluded no later than 120 days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for bilateral consultations unless the establishment of an arbitral panel under Article 6Consulting Parties agree otherwise. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Free Trade Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Party.implementation or application of the Framework Agreement whereby: a) any benefit accruing to the complaining party directly or indirectly under the Framework Agreement is being nullified or impaired; or b) the attainment of any objective of the Framework Agreement is being impeded, as a result of the failure of the party complained agains t to carry out its obligations under the Framework Agreement.[1] 2. Any request for consultations shall be submitted in writing, and which shall include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements Framework Agreement alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same timesimultaneously. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten (10) 7 days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten (10) 7 days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party complaining party may proceed directly to request for the establishment appointment of an arbitral panel tribunal under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Articleconsultations. To this end, the parties to the dispute concerned shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreementFramework Agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute concerned has designated as confidential. 5. Consultations shall be confidential confidential, and are without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsproceedings. 6. In cases of urgency, including those which concern perishable goods, Whenever a Party (other than the parties to a dispute) considers that it has a substantial interest in consultations being held pursuant to this Article, such Party may notify the parties to a dispute shall enter into in writing of its desire to be joined in the consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) 10 days after the date of receipt of the request for consultations requestby the party complained against. Such Party shall be joined in the consultations provided that the party complained against agrees that the claim of substantial interest is well founded. The party complained against shall inform the complaining party and the rest of the Parties of its decision prior to the commencement of the consultations. If the request to be joined in the consultations is not accepted, the Complaining requesting Party may proceed directly shall be free to request for the establishment of an arbitral panel separate consultations under Article 6this Article. 7. In cases of urgency, including those which concern perishable goods, the parties concerned shall enter into consultations within a period of no more than 10 days after the date of receipt of the request by the party complained against. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request by the party complained against, the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6. 8. In cases of urgency, including those which concern perishable goods, the parties to a dispute and arbitral panels tribunals shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Mechanism Agreement

Consultations. 1. Any Party may request consultations with The disputing Parties shall make every attempt to settle any other Party dispute with respect to any dispute arising under the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for matter referred to in Article 3 of this Annex through consultations regarding in order to reach a request for consultations made by the Complaining Partymutually agreed solution. 2. Any A request for consultations shall be submitted in writingwriting to the Party complained against through its contact point designated in accordance with Article 29 of this Agreement and shall give the reasons for the request, including identification of any measure or other matter at issue and include the specific measures at issue, and an indication of the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of for the complaint. The Complaining Party shall send Joint Committee should be informed on the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt submission of such request to the Complaining Party and the rest of the Parties at the same timea request. 3. If a request for consultations is madehas been submitted in accordance with paragraph 2 of this Article, the Party Complained Against complained against shall promptly reply to the request in writing within ten (10) days after from the date of its receipt and shall enter into consultations with the complaining Party in good faith within thirty (30) days from the date of receipt of the request in order to reach a period mutually acceptable solution. 4. Consultations in cases of not more than 30 urgency, including those regarding perishable goods, shall be held within fifteen (15) days after from the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5. Consultations Periods of time specified in paragraphs 3 and 4 of this Article may be changed by agreement of the disputing Parties. 6. During consultations each disputing Party shall provide sufficient factual information so as to allow a complete examination of the manner in which the measure in force or proposed, or any other issue, could affect the operation and application of this Agreement. 7. The consultations, in particular all information disclosed and positions taken by the disputing Parties during these proceedings, shall be confidential and without prejudice to the rights of any either disputing Party in any further proceedings proceeding. The disputing Parties shall treat any confidential or proprietary information exchanged in the course of consultations on the same basis as the Party providing the information. 8. During consultations under this Agreement Article, each disputing Party shall ensure the participation of personnel of their competent governmental authorities or other proceedings before a forum selected by regulatory bodies with the Parties. The parties relevant knowledge/expertise in the matter subject to the dispute shall inform the rest of the Parties the outcome of the consultations. 69. In cases Consultations shall take place, unless the disputing Parties agree otherwise, on the territory of urgency, including those which concern perishable goodsthe Party complained against. Upon agreement of the disputing Parties, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt may take place by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6any technological means available. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Free Trade Agreement

Consultations. 1. Any A Party may request request, in writing, consultations with any the other Party with respect to any dispute arising under measure or any other matter that it considers might affect the covered agreements. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the Complaining Partyoperation of this Agreement. 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of the complaint. The Complaining requesting Party shall send deliver the request to the Party Complained Against other Party, and shall set out the rest reasons for the request, including identification of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party measure or other matter at issue and the rest an indication of the Parties at legal basis for the same timecomplaint. 3. If a request for consultations is made, the Party Complained Against shall reply to the request within ten (10) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 4. The parties to a dispute consulting Parties shall make every effort in good faith attempt to reach arrive at a mutually satisfactory resolution of any matter through consultations under this ArticleArticle or other consultation provisions in this Agreement. To this end, the parties to the dispute consulting Parties shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure or other matter at issue might affect the operation of the covered agreementthis Agreement; and (b) treat as any confidential any information exchanged in the course of consultations which on the same basis as the Party providing the information. 4. In the consultations under this Article, any consulting Party may request the other party Party to make available personnel of its government agencies or other regulatory bodies who have expertise in the matter which is the subject of the consultations. 5. Consultations may be held in person or by any technological means available to the Parties. In the event that the Parties decide to hold consultations in person, these shall be held in a place agreed by the Parties, or if there is no agreement, in the capital of the requested Party. 6. The consultation period shall not exceed 45 days from the date of receipt of the formal request to initiate consultations, unless both Parties agree to extend this period. On disputes concerning perishable goods33, the consultation period shall not exceed 20 days from the date of receipt of the formal request to initiate consultations, unless both Parties agree to extend this period. 7. If the requested Party does not answer the request for consultations within 10 days from the date of receipt of the formal request to initiate consultations, if consultations are not held within the periods laid down in paragraph 6, or if the consultation period has expired and the dispute has designated as confidentialnot been resolved, the requesting Party may request the establishment of a Panel in accordance with Article 17.6 (Request for a Panel). 58. Consultations shall be confidential and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsproceedings. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

Consultations. 1. Any State Parties with a view to encouraging amicable resolution of disputes, affirm their resolve to strengthen and improve the effectiveness of consultation procedures employed by State Parties. 2. Each State Party may request consultations with any other Party with respect undertakes to any dispute arising under the covered agreements. The Party Complained Against shall accord due consideration to, and afford adequate opportunity for consultations regarding a request for consultations any representation made by another State Party concerning measures affecting the Complaining Partyoperation of the Agreement. 23. Any request Requests for consultations shall be submitted notified to the DSB through the Secretariat in writing, giving the reasons for the request, including identification of the issues and include an indication of the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of for the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 34. If Where a request for consultations is mademade pursuant to this Protocol, the State Party Complained Against shall to which the request is made shall, unless otherwise mutually agreed, reply to the request within ten (10) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 exceeding thirty (30) days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute has designated as confidential. 5. Consultations shall be confidential and without prejudice Where a State Party to which the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against request is made does not enter into consultations respond within ten (10) days after the date of receipt of the request, or does not enter into consultations within a period of thirty (30) days, or a period otherwise mutually agreed, after the date of receipt of the request, the Complaining State Party that requested for the consultations may proceed directly refer the matter to request the DSB requesting for the establishment of an arbitral panel a Panel. 6. In the course of consultations and before resorting to further action under Article 6this Protocol, State Parties shall attempt to obtain satisfactory settlement of the dispute. 7. Consultations shall be: (a) confidential; and (b) without prejudice to the rights of any State Party in any further proceedings. 8. Where State Parties to a dispute fail to settle a dispute through consultations within sixty (60) days after the date of receipt of the request for consultations, the complaining party may refer the matter to the DSB, for establishment of a Panel. Consultations may be held in the territory of the party complained against unless the Parties agree otherwise. Unless State Parties to a dispute agree to continue or suspend consultations, consultations shall be deemed concluded within the sixty (60) days. 9. In cases of urgency, including those which concern cases of perishable goods: (a) the State Party shall within ten (10) days after the date of receipt of the request enter into consultations; (b) where the parties fail to settle the dispute through consultations within twenty (20) days after the date of receipt of the request, the complaining party may refer the matter to the DSB for establishment of a Panel; (c) pursuant to the provisions of Annex 5 on Non-Tariff Barriers (Appendix 2: Procedures for Elimination and Cooperation in the Elimination of Non-Tariff Barriers), where a State Party fails to resolve an NTB after a mutually agreed solution was reached and after issuing the factual report, the requesting State Party shall resort to the dispute settlement panel stage. Notwithstanding the provisions herein, the above Parties to a dispute may agree to submit the matter to arbitration in accordance with the provisions of Article 27 of this Protocol; and (d) the parties to the dispute dispute, the DSB and arbitral panels the Panel and Appellate Body shall make every effort to accelerate expedite the proceedings to the greatest extent possible. 10. Where a State Party that is not party to a dispute considers that it has substantial trade interest in consultations, that State Party may, within ten (10) days of the circulation of the request for consultations, request the Parties to a dispute to be joined in the consultations. 11. Where the Parties to the dispute agree that the claim of substantial interest is well founded, the Third Party shall be so joined to the consultations. If the request to join the consultations is not accepted, the disputing State Party shall inform the DSB and in this event the applicant State Party shall be free to request consultation.

Appears in 1 contract

Samples: Agreement Establishing the African Continental Free Trade Area

Consultations. 19.1. Any Party may request in writing consultations with another Party regarding any [actual or proposed] measure [or regarding any other Party with respect to any dispute arising under matter] that it considers might affect the covered agreementsoperation or application of the Agreement. 9.2. The Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the Complaining Party. 2. Any request for requesting consultations shall be submitted indicate in writing, the request the [actual or proposed] measure [or any other matter] complained of and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached this Agreement that it considers relevant, and any other relevant provisions) of the complaint. The Complaining Party shall send deliver the request to the Party Complained Against and to whom the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a request for consultations is made, made and the FTAA Secretariat. The FTAA Secretariat shall notify such request within [...] days to all FTAA Parties. 9.3. The Party Complained Against shall reply to which the request is made shall respond to it within ten (10) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against does not respond within the aforesaid ten (10) days, or does not and shall enter into consultations within thirty (30) days of the aforesaid 30 days, then date on which the Complaining Party may proceed directly to which the request is made receives it. [When the Party to which the request for consultations is made is [a developing country]] [of a lower level of development than the establishment Party requesting consultations], it may have an extension of this time period of up to [thirty (30)] [fifteen (15)] days.] [If the Party to whom the request for consultations was made, considers it necessary to have an arbitral panel under Article 6extension of the period within which to initiate such consultations, the Party requesting consultations shall give due consideration to this request, taking into account the relevant circumstances, including differences in the level of development and size of economies. Such extension shall be for no more than fifteen (15) days unless otherwise agreed by the Parties.] [The Party to which the request is made may apply to the FTAA Secretariat or the Executive Body for Dispute Settlement for an extension of the period within which it must enter into consultations, provided that such extension shall not exceed [...] days. In considering whether to grant the extension, [the FTAA Secretariat,] [the Director General of the FTAA Secretariat,] [the Executive Body for Dispute Settlement] [or the Chair of the Executive Body for Dispute Settlement,] shall take into account the differences in levels of development and size of economies.] 9.4. A Party other than the Consulting Parties may join consultations, provided that, within [...] days of the date on which the notification of the request for consultations was received by that Party, it notifies its interest in doing so to all Parties, and that [neither the Party that requested consultations nor the Party to which the request for consultations was made objects] [the Party to which the request for consultations was made does not object] within […] days.5 Such objection to the request to be joined shall be notified to all Parties within […] days. 49.5. The parties to a dispute shall make every effort Parties participating in good faith to reach a mutually satisfactory resolution of any matter through the consultations under this Article. To this end, the parties to the dispute shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the [actual or proposed] measure [or other matter], might affect the operation or application of the covered agreementthis Agreement; and (b) treat as any confidential any information exchanged in the course of consultations which on the other party to same basis as the dispute has designated as confidentialParty providing the information. 59.6. Consultations shall be confidential [, and without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before proceedings.] 9.7. Consultations shall take place at a forum selected venue agreed by the Consulting Parties. The parties to , or in the dispute shall inform absence thereof, [at a venue chosen by the rest party with the lower level of development] [at the headquarters of the Parties FTAA Secretariat] [in the outcome capital city of the consultations. 6. In cases of urgency, including those which concern perishable goods, Party to whom the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6consultations was made]. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Party.implementation or application of the Framework Agreement whereby: (a) any benefit accruing to the complaining party directly or indirectly under the Framework Agreement is being nullified or impaired; or (b) the attainment of any objective of the Framework Agreement is being impeded, as a result of the failure of the party complained against to carry out its obligations under the Framework Agreement.[1] 2. Any request for consultations shall be submitted in writing, and which shall include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements Framework Agreement alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same timesimultaneously. 3. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten (10) 7 days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten (10) 7 days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party complaining party may proceed directly to request for the establishment appointment of an arbitral panel tribunal under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Articleconsultations. To this end, the parties to the dispute concerned shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreementFramework Agreement; and (b) treat as confidential any information exchanged in the course of consultations which the other party to the dispute concerned has designated as confidential. 5. Consultations shall be confidential confidential, and are without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsproceedings. 6. In cases of urgency, including those which concern perishable goods, Whenever a Party (other than the parties to a dispute) considers that it has a substantial interest in consultations being held pursuant to this Article, such Party may notify the parties to a dispute shall enter into in writing of its desire to be joined in the consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) 10 days after the date of receipt of the request for consultations requestby the party complained against. Such Party shall be joined in the consultations provided that the party complained against agrees that the claim of substantial interest is well founded. The party complained against shall inform the complaining party and the rest of the Parties of its decision prior to the commencement of the consultations. If the request to be joined in the consultations is not accepted, the Complaining requesting Party may proceed directly shall be free to request for the establishment of an arbitral panel separate consultations under Article 6this Article. 7. In cases of urgency, including those which concern perishable goods, the parties concerned shall enter into consultations within a period of no more than 10 days after the date of receipt of the request by the party complained against. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request by the party complained against, the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6. 8. In cases of urgency, including those which concern perishable goods, the parties to a dispute and arbitral panels tribunals shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Agreement on Dispute Settlement Mechanism

Consultations. 1. Any Either Party may request in writing consultations with the other Party concerning any matter described in Article 13.1 (Scope). 2. The complaining Party shall deliver the request for consultations to the other Party, setting out the reasons for the request, including identification of the measure at issue and an indication of the factual and legal basis for the complaint, as well as providing sufficient information to enable an examination of the matter. 3. The responding Party shall immediately acknowledge its receipt of the request for consultations made pursuant to paragraph 1, by way of notification to the complaining Party, indicating the date on which the request was received, otherwise the date when the request was made shall be deemed to be the date of the responding Partyâs receipt of the request. 4. Each Party shall accord adequate opportunity for consultations with the other Party with respect to any dispute arising under matter affecting the covered agreementsinterpretation, application or implementation of this Agreement. The Party Complained Against shall accord due consideration and adequate opportunity for Any differences shall, as far as possible, be settled through consultations regarding a request for consultations made by between the Complaining PartyParties. 25. Any request for Unless the Parties agree otherwise, (a) consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against shall reply to the request held within ten (10) 30 days after the date of its receipt of the request and take place, in the territory of the Party complained against or any other venue mutually agreed on. The consultations shall be deemed concluded within 60 days after the date of receipt of the request; (b) consultations on matters of urgency, including those regarding perishable goods, shall be held within 15 days after the date of receipt of the request, and shall enter into consultations in good faith be deemed concluded within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If ; (c) if the Party Complained Against to which the request is made does not respond to the request for consultations within 10 days after the date of its receipt, or if consultations are not held within the aforesaid ten (10timeframes laid down in paragraph 5(a) daysof this Article or in paragraph 5(b) of this Article respectively, or does not enter into if consultations within have been concluded and no solution has been agreed upon by the aforesaid 30 daysParties, then the Complaining complaining Party may proceed directly to request for the establishment of an arbitral panel under Arbitral Panel in accordance with Article 613.5 (Establishment of an Arbitral Panel). 46. The parties to a dispute Parties shall make every effort in good faith attempt to reach a mutually satisfactory resolution agreed solution through consultations of any matter through consultations under raised in accordance with this Article. To this end, the parties to the dispute Parties shall: (a) provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation interpretation, application or implementation of the covered agreementthis Agreement; and (b) treat as any secret and confidential any information exchanged in the course of consultations which on the same basis as the Party providing the information. 7. For the purposes of consultations under this Article, a Party may request the other party Party to make available personnel of its government agencies or other regulatory bodies who have expertise in the dispute has designated as confidentialmatter. 58. Consultations The consultations under this Article shall be confidential and without prejudice to the rights of any Party in any further or other proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsChapter. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Free Trade Agreement

Consultations. 1. Any A Party may request consultations with any other Party with respect to any dispute arising under the covered agreementsthis Agreement. The A Responding Party Complained Against shall accord due consideration and adequate opportunity for consultations regarding to a request for consultations made by the a Complaining Party. 2Party and shall accord adequate opportunity for such consultations. Any A request for consultations shall be submitted in writinggive the reasons for the request, including identification of the measure at issue and include the specific measures at issue, and an indication of the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of for the complaint. The Complaining Party shall send the request to the Party Complained Against and the rest of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt simultaneously provide a copy of such request to the Complaining all other Parties. The Responding Party and the rest shall immediately acknowledge receipt of the Parties at request by way of notification to all the same time. 3Parties, indicating the date on which the request was received. If a request for consultations is madeThe Responding Party shall, the Party Complained Against shall unless otherwise mutually agreed, reply to the request within ten (10) seven days after the date of its receipt and shall enter into consultations in good faith within a period of not no more than than: 10 days after the date of receipt of the request in cases of urgency, including those concerning perishable goods; or 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solutionrequest for any other matter. If the Responding Party Complained Against does not respond within the aforesaid ten (10) days, or does not enter into consultations within the aforesaid 30 daysperiods specified in paragraph 4, then or a period otherwise mutually agreed, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under tribunal pursuant to Article 6. 48 (Request for Establishment of an Arbitral Tribunal). The parties Parties to a the dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter solution through consultations under this Articleconsultations. To this end, the parties Parties to the dispute shall: (a) : provide sufficient information as may be reasonably available to enable a full examination of the matter, including how the measure at issue might affect the operation implementation or application of the covered agreementthis Agreement; and (b) treat as any confidential any or proprietary information exchanged in the course of consultations which on the other party same basis as the Party providing the information; and upon request by a Party to the dispute has designated as confidential. 5dispute, endeavour to make available for the consultations personnel of their government agencies or other regulatory bodies who have responsibility for or expertise in the matter under consultation. Consultations shall be confidential and without prejudice to the rights of any Party the Parties to the dispute in any further proceedings under this Agreement or other proceedings before proceedings. Whenever a forum selected by Party other than the Parties. The parties Parties to the dispute shall inform considers that it has a substantial trade interest in the rest of consultations, such Party may notify the Parties the outcome of the consultations. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations dispute, within a period of not more than ten (10) seven days after the date of receipt by the Party Complained Against notification of the requestrequest for consultations, of its desire to be joined in the consultations. If the Such notification shall be simultaneously provided to all other Parties. Such Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of shall be joined in the consultations request, if the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties Parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possibleagree.

Appears in 1 contract

Samples: Free Trade Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreementsmatter described in Article 20.2 by delivering written notification. The complaining Party Complained Against shall accord due consideration set out the reasons for the request, including identification of the measure or other matter at issue and adequate opportunity for consultations regarding a request for consultations made by an indication of the Complaining Party. 2. Any request for consultations shall be submitted in writing, and include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements alleged to have been breached and any other relevant provisions) of for the complaint. The Complaining other Party shall send the request to the Party Complained Against and the rest reply in writing within 10 days of the Parties. Upon receipt, the Party Complained Against shall promptly acknowledge receipt of such request to the Complaining Party and the rest of the Parties at the same time. 3. If a request for consultations is made, the Party Complained Against shall reply to the request within ten (10) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request. 2. Consultations shall be held within 30 days of the date of the receipt of the request and take place, with a view to reaching a mutually satisfactory solution. If unless the Parties agree otherwise, in the territory of the Party Complained Against does not respond complained against. The consultations shall be deemed concluded within 55 days of the aforesaid ten (10) daysdate of the receipt of the request, unless the Parties agree to continue consultations. All information disclosed during the consultations shall remain confidential. 3. Consultations on matters of urgency, including those regarding perishable or seasonal goods, or does not enter into consultations goods or services that rapidly lose their trade value, such as certain seasonal goods or services, shall be held within 15 days of the aforesaid 30 daysdate of the receipt of the request, then and shall be deemed concluded within 25 days of the Complaining Party may proceed directly to request for date of the establishment receipt of an arbitral panel under Article 6the request. 4. The parties to a dispute shall make every effort If consultations are not held within the time frames laid down in good faith to reach a paragraphs 2 or 3 respectively, or if consultations have been concluded and no mutually satisfactory resolution of any matter through consultations under this Article. To this endagreed solution has been reached, the parties to complaining Party may request the dispute establishment of a panel in accordance with Article 20.7. 5. Each Party shall: (a) provide sufficient information as may be that is reasonably available to it to the other Party during the consultations to enable a full examination of how the measure matter subject to consultations might affect the operation of the covered agreementthis Agreement; and (b) treat as any confidential any information exchanged in the course of consultations which on the same basis as the Party providing the information. 6. A Party may request the other party Party to make available during consultations under this Article personnel of its government agencies or other regulatory bodies who have expertise in the dispute has designated as confidentialmatter subject to consultations. 57. Consultations shall be are confidential and without prejudice to the rights of any Party the Parties in any further proceedings under this Agreement or other proceedings before a forum selected by the Parties. The parties to the dispute shall inform the rest of the Parties the outcome of the consultationsChapter. 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

Consultations. 1. Any Party may request consultations with any other Party with respect to any dispute arising under the covered agreements. The Party Complained Against A party complained against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by a complaining party with respect to any matter affecting the Complaining Party. 2. implementation or application of the Framework Agreement whereby: any benefit accruing to the complaining party directly or indirectly under the Framework Agreement is being nullified or impaired; or the attainment of any objective of the Framework Agreement is being impeded, as a result of the failure of the party complained against to carry out its obligations under the Framework Agreement.1 Any request for consultations shall be submitted in writing, and which shall include the specific measures at issue, and the factual and legal basis (including the provisions of any of the covered agreements Framework Agreement alleged to have been breached and any other relevant provisions) of the complaint. The Complaining Party complaining party shall send the request to the Party Complained Against party complained against and the rest of the Parties. Upon receipt, the Party Complained Against party complained against shall promptly acknowledge receipt of such request to the Complaining Party complaining party and the rest of the Parties at the same time. 3simultaneously. If a request for consultations is made, the Party Complained Against party complained against shall reply to the request within ten (10) 7 days after the date of its receipt and shall enter into consultations in good faith within a period of not more than 30 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party Complained Against party complained against does not respond within the aforesaid ten (10) 7 days, or does not enter into consultations within the aforesaid 30 days, then the Complaining Party complaining party may proceed directly to request for the establishment appointment of an arbitral panel tribunal under Article 6. 4. The parties to a dispute shall make every effort in good faith to reach a mutually satisfactory resolution of any matter through consultations under this Articleconsultations. To this end, the parties to the dispute concerned shall: (a) : provide sufficient information as may be reasonably available to enable a full examination of how the measure might affect the operation of the covered agreementFramework Agreement; and (b) and treat as confidential any information exchanged in the course of consultations which the other party to the dispute concerned has designated as confidential. 5. Consultations shall be confidential confidential, and are without prejudice to the rights of any Party in any further proceedings under this Agreement or other proceedings before proceedings. Whenever a forum selected Party (other than the parties to a dispute) considers that it has a substantial interest in consultations being held pursuant to this Article, such Party may notify the parties to a dispute in writing of its desire to be joined in the consultations within 10 days after the date of receipt of the request for consultations by the Partiesparty complained against. Such Party shall be joined in the consultations provided that the party complained against agrees that the claim of substantial interest is well founded. The parties to the dispute party complained against shall inform the complaining party and the rest of the Parties of its decision prior to the outcome commencement of the consultations. . If the request to be joined in the consultations is not accepted, the requesting Party shall be free to request for separate consultations under this Article. In cases of urgency, including those which concern perishable goods, the parties concerned shall enter into consultations within a period of no more than 10 days after the date of receipt of the request by the party complained against. If the consultations have failed to settle the dispute within a period of 20 days after the date of receipt of the request by the party complained against, the complaining party may proceed directly to request for the appointment of an arbitral tribunal under Article 6. In cases of urgency, including those which concern perishable goods, the parties to the dispute shall enter into consultations within a period of not more than ten (10) days after the date of receipt by the Party Complained Against of the request. If the Party Complained Against does not enter into consultations within ten (10) days after the date of receipt of the consultations request, the Complaining Party may proceed directly to request for the establishment of an arbitral panel under Article 6. 7. In cases of urgency, including those which concern perishable goods, the parties to the dispute and arbitral panels tribunals shall make every effort to accelerate the proceedings to the greatest extent possible.

Appears in 1 contract

Samples: Dispute Settlement Agreement

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