Independent Expert Mechanism Sample Clauses

Independent Expert Mechanism. 1. In case the report of the ad hoc expert commission is not submitted within the prescribed deadline or the commission does not reach consensus in accordance with Article 5 Paragraph 8, Article 6 Paragraph 5, Article 8 Paragraph 8, any Party may, through the Agent, address a relevant independent authority or institution listed in the List of Independent Authorities and Institutions (hereinafter referred to as the “List”). In such a case, the recourse to the relevant independent authority or institution is obligatory before initiating a procedure under Article 13 Paragraph 2 whenever a dispute would concern provisions referred to in the first sentence above. 2. The Parties acknowledge that the List has been agreed prior to the entry into force of this Agreement. The Agents may review and update the List upon mutual agreement. The authorities or institutions on the List must always be able to guarantee a fair and qualified assessment of the respective issues. 3. If none of the authorities or institutions on the List is able or willing to provide an opinion on the matter in dispute, the Agents shall agree on a different body, authority or institution. In case of lack of agreement by the Agents on a different body, authority or institution, the obligation referred to in Paragraph 1 Sentence 2 does not apply. 4. The Parties shall fully take into account the assessment of the designated body, authority or institution and shall further proceed in accordance with the respective provisions of this Agreement. 5. The costs of activity of the designated body, authority or institution shall be borne by the Party whose position was not confirmed. If both Parties’ positions are partly confirmed or none of their positions is confirmed, the costs shall be borne equally.
Sample 1
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Independent Expert Mechanism. 152. The NVB set up and appointed members of an independent voluntary advisory expert mechanism (DBA par. 7.6-7.8). This part of the deliverable was completed in 2018. 153. As to the panel members, the NVB reported for 2018 that it had carefully considered the experts suggested by the Trade Unions and CSOs but that it had chosen other candidates who it thought were more suitable.
Sample 1

Related to Independent Expert Mechanism

  • Independent Expert The Parties and the other signatories may, upon written agreement, resort to an independent expert in order to obtain a well-grounded opinion that may lead to the settlement of the dispute or controversy. In case such agreement is signed, arbitration may only be filed after issuance of the expert’s opinion.

  • 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.

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