Common use of Dispute settlement between the Clause in Contracts

Dispute settlement between the. Two Sides under this Agreement 1. Any disputes between the two sides with respect to the interpretation, implementation or application of this Agreement shall be settled by the two sides through consultation. 2. The two sides shall settle disputes through consultation in accordance with the mechanism set out in Article 17 (Committee on Investment) of this Agreement. 1. A dispute arising from a claim by a Hong Kong investor that it or its covered investment has suffered losses or damages resulting from a breach by the Mainland authorities or institutions of the obligations provided in this Agreementѡ in relation to the Hong Kong investors or their covered investments (hereinafter referred to as “investment disputes”) may be settled by the following means: (i) resolution through amicable consultation between the disputing parties; (ii) resolution through the complaint handling organisations for foreign investors in the Mainland in accordance with the relevant requirements of the Mainland; (iii) resolution through the function of notification and coordination of investment disputes under Article 17 (Committee on Investment) of this Agreement; (iv) resolution through administrative review in accordance with the laws of the Mainland; ⑦ Limited to Article 4 (Minimum Standard of Treatment), Article 5 (National Treatment), Article 6 (Most- Favoured Treatment), Article 7 (Performance Requirements), paragraph 1 of Article 8 (Senior Management, Boards of Directors and Entry of Personnel), paragraph 2 of Article 8 (Senior Management, Boards of Directors and Entry of Personnel), Article 11 (Expropriation), Article 12 (Compensation for Losses) and Article 14 (Transfer). (v) resolution through mediation whereby a Hong Kong investor may submit an investment dispute arising from this AgreementѢ between that investor and the Mainland to a mediation institution of the Mainland side; (vi) recourse to the judicial proceedings under the laws of the Mainland. 2. Mediation under sub-paragraph 1(v) of this Article shall be subject to the laws and regulations of the Mainland. Full use of the functions of the mediation mechanism shall be made to ensure the effective settlement of disputes. The Mainland will make arrangements for the mediation mechanism. 3. If a Hong Kong investor has already chosen to settle a dispute in accordance with sub-paragraphs 1(iv) or 1(vi) of this Article, it shall not submit the same dispute to the mediation institution of the Mainland for mediation unless such submission is in compliance with the relevant laws and regulations of the Mainland. 4. For “investment disputes” referred to in paragraph 1 of this Article which have entered into judicial proceedings prior to the coming into effect of this Agreement, unless agreed upon by the disputing parties and in compliance with the laws and regulations of ⑧ Limited to Article 4 (Minimum Standard of Treatment), Article 5 (National Treatment), Article 6 (Most- Favoured Treatment), Article 7 (Performance Requirements), paragraph 1 of Article 8 (Senior Management, Boards of Directors and Entry of Personnel), paragraph 2 of Article 8 (Senior Management, Boards of Directors and Entry of Personnel), Article 11 (Expropriation), Article 12 (Compensation for Losses) and Article 14 (Transfer). the Mainland, the mediation procedure provided under sub- paragraph 1(v) of this Article shall not apply. 5. If a Hong Kong investor has already chosen to settle a dispute in accordance with any method in sub-paragraphs 1(ii) to 1(vi) of this Article, it shall not submit the same dispute to the complaint handling organisations for foreign investors in the Mainland for resolution by coordination unless it is in compliance with the relevant laws and regulations of the Mainland. 6. For greater certainty, in settlement of disputes involving tax matters, the authority under the relevant taxation agreement of one side shall determine whether the taxation agreement governs such kind of disputes. Methods of resolution of disputes involving tax matters are limited to those specified in Article 23 (Mutual Agreement Procedure) of the Arrangement between the Mainland of China and the Hong Kong Special Administrative Region for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income.

Dispute settlement between the. Two Sides under this Agreement 1. Any disputes between the two sides with respect to the interpretation, implementation or application of this Agreement shall be settled by the two sides through consultation. 2. The two sides shall settle disputes through consultation in accordance with the mechanism set out in Article 17 (Committee on Investment) of this Agreement.. Articles 19 1. A dispute arising from a claim by a Hong Kong investor that it or its covered investment has suffered losses or damages resulting from a breach by the Mainland authorities or institutions of the obligations provided in this Agreementѡ Agreement⑦ in relation to the Hong Kong investors or their covered investments (hereinafter referred to as “investment disputes”) may be settled by the following means: (i) : resolution through amicable consultation between the disputing parties; (ii) ; resolution through the complaint handling organisations for foreign investors in the Mainland in accordance with the relevant requirements of the Mainland; (iii) ; resolution through the function of notification and coordination of investment disputes under Article 17 (Committee on Investment) of this Agreement; (iv) ; resolution through administrative review in accordance with the laws of the Mainland; ⑦ Limited to Article 4 (Minimum Standard of Treatment), Article 5 (National Treatment), Article 6 (Most- Favoured Treatment), Article 7 (Performance Requirements), paragraph 1 of Article 8 (Senior Management, Boards of Directors and Entry of Personnel), paragraph 2 of Article 8 (Senior Management, Boards of Directors and Entry of Personnel), Article 11 (Expropriation), Article 12 (Compensation for Losses) and Article 14 (Transfer). (v) resolution through mediation whereby a Hong Kong investor may submit an investment dispute arising from this AgreementѢ Agreement⑧ between that investor and the Mainland to a mediation institution of the Mainland side; (vi) ; recourse to the judicial proceedings under the laws of the Mainland. 2. Mediation under sub-paragraph 1(v) of this Article shall be subject to the laws and regulations of the Mainland. Full use of the functions of the mediation mechanism shall be made to ensure the effective settlement of disputes. The Mainland will make arrangements for the mediation mechanism. 3. If a Hong Kong investor has already chosen to settle a dispute in accordance with sub-paragraphs 1(iv) or 1(vi) of this Article, it shall not submit the same dispute to the mediation institution of the Mainland for mediation unless such submission is in compliance with the relevant laws and regulations of the Mainland. 4. For “investment disputes” referred to in paragraph 1 of this Article which have entered into judicial proceedings prior to the coming into effect of this Agreement, unless agreed upon by the disputing parties and in compliance with the laws and regulations of ⑧ Limited to Article 4 (Minimum Standard of Treatment), Article 5 (National Treatment), Article 6 (Most- Favoured Treatment), Article 7 (Performance Requirements), paragraph 1 of Article 8 (Senior Management, Boards of Directors and Entry of Personnel), paragraph 2 of Article 8 (Senior Management, Boards of Directors and Entry of Personnel), Article 11 (Expropriation), Article 12 (Compensation for Losses) and Article 14 (Transfer). the Mainland, the mediation procedure provided under sub- sub-paragraph 1(v) of this Article shall not apply. 5. If a Hong Kong investor has already chosen to settle a dispute in accordance with any method in sub-paragraphs 1(ii) to 1(vi) of this Article, it shall not submit the same dispute to the complaint handling organisations for foreign investors in the Mainland for resolution by coordination unless it is in compliance with the relevant laws and regulations of the Mainland. 6. For greater certainty, in settlement of disputes involving tax matters, the authority under the relevant taxation agreement of one side shall determine whether the taxation agreement governs such kind of disputes. Methods of resolution of disputes involving tax matters are limited to those specified in Article 23 (Mutual Agreement Procedure) of the Arrangement between the Mainland of China and the Hong Kong Special Administrative Region for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income.