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.
Appears in 363 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Dispute Settlement. 1. A Party may shall not initiate proceedings under the general dispute settlement provisions of this Agreement Chapter Twenty-Three (Dispute Settlement) 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 paragraph 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 six months of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.
Appears in 25 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Dispute Settlement. 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement Article 19.6 regarding a refusal to grant temporary entry under this Chapter or a particular case arising under Article 13.2 unless: :
(a) the matter involves a pattern of practice; and 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 six months of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.
Appears in 7 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
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 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.
Appears in 1 contract
Samples: Free Trade Agreement