Disputes Prevention Clause Samples
Disputes Prevention. 1. The National Focal Points, or Ombudsmen, shall act in coordination with each other and with the Joint Committee in order to resolve any disputes between the Parties.
2. Before initiating an arbitration procedure, any dispute between the Parties shall be assessed through consultations and negotiations between the Parties and previously examined by the Joint Committee.
3. A Party may submit a specific question of interest of an investor to the Joint Committee:
a) To initiate the procedure, the Party of the interested investor shall submit, in writing, its request to the Joint Committee, specifying the name of the interested investor and the encountered challenges and difficulties;
b) The Joint Committee shall have 60 days, extendable by mutual agreement by 60 additional days, upon justification, to submit relevant information about the presented case;
c) In order to facilitate the search for a solution between the Parties, whenever possible, the following shall participate in the bilateral meeting:
i) Representatives of the interested investor;
ii) Representatives of the governmental or non-governmental entities involved in the measure or situation under consultation.
d) The procedure for dialogue and bilateral consultation ends by the initiative of any Party upon presentation of a summarized report in the subsequent Joint Committee meeting, that shall include:
i) Identification of the Party;
ii) Identification of the interested investors;
iii) Description of the measure under consultation; and
iv) Position of the Parties concerning the measure.
e) The Joint Committee shall, whenever possible, call for special meetings to review the submitted matters.
Disputes Prevention. 1. The National Focal Points, or “Ombudsmen”, shall act in coordination with each other and with the Joint Committee in order to prevent, manage and resolve any disputes between the Parties.
2. Before initiating an arbitration procedure, in accordance with Article 24 of this Agreement, any dispute between the Parties shall be the object of consultations and negotiations between the Parties and be previously examined by the Joint Committee.
3. A Party may submit a specific question and call a meeting of the Joint Committee according to the following rules:
a) to initiate the procedure, the interested Party must submit a written request to the other Party, specifying the name of the affected investors, the specific measure in question, and the findings of fact and law underlying the request. The Joint Committee shall meet within sixty (60) days from the date of the request;
b) The Joint Committee shall have 60 days, extendable by mutual agreement by 60 additional days, upon justification, to evaluate the relevant information about the presented case and to submit a report. The report shall include:
i) Identification of the Party;
ii) Identification of the affected investors, as presented by the Parties;
iii) Description of the measure under consultation; and
iv) Conclusions of the consultations between the Parties;.
c) In order to facilitate the search for a solution between the Parties, whenever possible, the following persons shall participate in the bilateral meeting:
i) Representatives of the affected investors;
ii) Representatives of the governmental or non-governmental entities involved in the measure or situation under consultation.
d) The procedure for dialogue and bilateral consultations may be concluded by any Party, after the sixty (60) days referred to in subparagraph b). The Joint Committee shall present its report in the subsequent meeting of the Joint Committee, which shall be held no later than fifteen (15) days after the date of the submission of the request of a Party to conclude the procedure for dialogue and bilateral consultations.
e) The Joint Committee shall, whenever possible, call for special meetings to review matters that have been submitted.
f) In the event that a Party does not attend the meeting of the Joint Committee described in subparagraph (d) of this article, the dispute may be submitted to arbitration by the other Party in accordance with Article 24 of the Agreement.
4. The meeting of the Joint Committee and all documentat...
Disputes Prevention. 1. Before initiating an eventual arbitration procedure, any dispute between the Parties shall be assessed through consultations and negotiations by the Joint Committee.
2. A Party may submit a specific question of interest of an investor to the Joint Committee:
(a) To initiate the procedure, the Party of the interested investor shall submit, in writing, its request to the Joint Committee, specifYing the name of the interested investor and the encountered challenges and difficulties;
(b) The joint Committee shall have 90 days, extendable by mutual agreement by 60 additional days, upon justification, to submit relevant information about the presented case;
(c) In order to facilitate the search for a solution between the Parties, whenever possible, the following shall participate in the bilateral meeting: - Representatives o f the Investor; - Representatives of the Parties or non-party entities involved in the measure or situation under consultation.
(d) The procedure for dialogue and bilateral consultation ends by the initiative of any Party upon presentation of summarized report in the subsequent Joint Committee meeting, that shall include: - Identification of the Party; - Identification of the Investors; - Description of the measure under consultation; and - Position of the Parties concerning the measure.
3. The Joint Committee shall, whenever possible, call for special meetings to review the submitted matters.
4. The meeting of the Joint Committee and all documentation, as well as steps taken in the context of the mechanism established in this Article, shall remain confidential, except for the submitted reports.
5. If the dispute cannot be resolved within six (6) months from the date of the written request for consultations and negotiations, the investor may, after the exhaustion of local remedies or the domestic courts of host State, resort to international arbitration mechanisms.
Disputes Prevention. 1, The National Focal Points, or "Ombudsmen", shall act in coordination with each other and with the Joint Committee in order to prevent, manage and resolve any disputes between the Parties.
Disputes Prevention. Both the private party and the Carderock Division, NSWC are committed to a disputes prevention atmosphere during the performance of this Agreement. The parties agree to use their best efforts to settle all controversies through direct negotiations between principals acting for each party.
