Dispute Settlement Body Sample Clauses

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.
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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...
Sample 1
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.
Sample 1
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.
Sample 1
Dispute Settlement Body. All notifications, requests and replies made pursuant to this Chapter shall be in writing.
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Dispute Settlement Body. The WTO Agreement shall not preclude a Party from suspending obligations under this Agreement.
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Related to Dispute Settlement Body

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • Amicable Settlement The Parties shall use their best efforts to settle amicably any dispute, controversy or claim arising out of this Contract or the breach, termination or invalidity thereof. Where the parties wish to seek such an amicable settlement through conciliation, the conciliation shall take place in accordance with the UNCITRAL Conciliation Rules then obtaining, or according to such other procedure as may be agreed between the parties.

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