Dispute Settlement Body Clause Samples
The Dispute Settlement Body clause establishes a formal mechanism for resolving disagreements that arise under an agreement or contract. Typically, this clause designates a specific committee, panel, or authority responsible for hearing disputes, outlining procedures such as timelines for submissions, the process for selecting arbitrators or mediators, and the steps for appealing decisions. Its core practical function is to provide a structured and impartial process for addressing conflicts, thereby ensuring that disputes are managed efficiently and fairly, and reducing the risk of unresolved issues escalating.
Dispute Settlement Body. The term ‘‘Dispute Settlement Body’’ means the Dispute Settlement Body administering the rules and procedures set forth in the Dis- pute Settlement Understanding.
Dispute Settlement Body.
1. The Dispute Settlement Body is hereby established in accordance with Article 20 of the Agreement to administer the provisions of this Protocol except as otherwise provided for in the Agreement.
2. The DSB shall be composed of representatives of the State Parties.
3. The DSB shall have the authority to:
(a) establish Dispute Settlement Panels and an Appellate Body;
(b) adopt Panel and Appellate Body reports;
(c) maintain surveillance of implementation of rulings and recommendations of the Panels and Appellate Body; and
(d) authorise the suspension of concessions and other obligations under the Agreement.
4. The DSB shall have its own Chairperson and shall establish such rules of procedure as it deems necessary for the fulfilment of its responsibilities. The DSB Chairperson shall be elected by the State Parties.
5. The DSB shall meet as often as necessary to discharge its functions as provided for in this Protocol.
6. Where the rules and procedures of this Protocol provide for the DSB to take a decision, it shall do so by consensus.
7. The DSB shall inform the Secretariat of any dispute related to the provisions of the Agreement.
Dispute Settlement Body. A dispute settlement body (DSB) is hereby established to manage the dispute settlement processes under this Agreement.
A) The DSB shall be composed of a Council of the Parties open to all Parties, a panel division and an appellate division.
Dispute Settlement Body. The WTO Agreement shall not preclude a Party from suspending obligations under this Agreement.
Dispute Settlement Body. All notifications, requests and replies made pursuant to this Chapter shall be in writing.
Dispute Settlement Body. (A) A Dispute Settlement Body (DSB) is hereby established to manage the dispute settlement processes under this Agreement.
(B) The Dispute Settlement Body shall be composed of a Council of the Parties open to all Parties, a panel division and an appellate division.
(C) The Council of the Parties shall establish a Secretariat to assist the Dispute Settlement Body in its oper- ation and the panel and appellate divisions in the management of their cases. The Secretariat shall be headed by a Director.17 This dispute settlement Secretariat shall be independent of any other body established by this Agreement.
(D) The Council shall oversee the operation of the Dispute Settlement Body. It shall be responsible for ensuring the smooth operation of the dispute settlement processes as a whole. The Council may not interfere in any individual disputes between Parties or between an investor or investment and a Party.
(E) There shall be a standing body of 35 panelists from which all panel members shall be drawn. The Director of the Council shall appoint all panelists on disputes on a lottery basis, and subject to:
i) no panelist being called to serve more than twice before all other panelists have served at least once; and
ii) no panelist being from a state of a disputing Party.
(F) The panelists shall be chosen by the Council at its first meeting, with one-third then chosen at each subsequent meeting. No panelist can serve more than three terms, subject to completing any ongoing dispute settlement processes in which the panelist is engaged.
(G) Any panelist in a position of real or apparent conflict of interest shall recuse himself or herself from the panel in question.
(H) The appellate division shall be composed of nine individuals with recognized expertise in the matters covered by this Agreement. Appellate body members shall be appointed on a full-time basis and be free of any real or apparent conflict of interest in any case on which they sit.
(I) Appellate division members shall be chosen by the Council for a term of seven years. The Council shall choose a replacement for any member who is incapable of continuing to fulfill their duties for the remainder of their term. Members may be re-elected one time. For the first period, the Council shall select new members or re-select existing members, after four years.
(J) Members of the panel and appellate divisions shall be individuals of high repute with expertise in the matters covered by this Agreement. Each shall comp...