Common use of Objective, Scope and Definitions Clause in Contracts

Objective, Scope and Definitions. 1. The objective of this Chapter is to provide the Parties with a dispute settlement mechanism that aims at achieving, where possible, mutually agreed solutions. 2. The provisions of this Chapter shall apply with respect to any dispute where the GCC Member States or Singapore considers that the other Party is in breach of a provision of this Agreement, except where otherwise expressly provided in this Agreement. 3. The dispute settlement procedures of this Chapter are without prejudice to a disputing Party’s right to seek recourse in dispute settlement procedures in the WTO, provided that the Joint Committee has been informed at least thirty (30) days before invoking such procedures. 4. Where a disputing Party has instituted a dispute settlement proceeding under either this Chapter or the WTO Agreement, it shall decide on one forum to the exclusion of the other. For the purposes of this paragraph, dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party’s request for a panel under Article 6 of Annex 2 to the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO Agreement. 5. For the purposes of this Chapter, unless the context otherwise expressly indicates: (a) advisor means any person retained by any disputing Party to advise or assist that Party in connection with the arbitration panel proceeding; (b) arbitration panel means an arbitration panel established pursuant to Article 9.4; (c) complaining party means any Party that requests the establishment of an arbitration panel under Article 9.4; (d) representative of a disputing party means an employee, or a natural or juridical person appointed by a government department or agency or of any other government entity of a Party; and (e) responding party means any Party alleged to be in breach of this Agreement.

Objective, Scope and Definitions. 1. The objective of this Chapter is to provide the Parties with a dispute settlement mechanism that aims at achieving, where possible, mutually agreed solutions. 2. The provisions of this Chapter shall apply with respect to any dispute where the GCC Member States or Singapore considers that the other Party is in breach of a provision of this Agreement, except where otherwise expressly provided in this Agreement. 3. The dispute settlement procedures of this Chapter are without prejudice to a disputing Party’s 's right to seek recourse in dispute settlement procedures in the WTO, provided that the Joint Committee has been informed at least thirty (30) days before invoking such procedures. 4. Where a disputing Party has instituted a dispute settlement proceeding under either this Chapter or the WTO Agreement, it shall decide on one forum to the exclusion of the other. For the purposes of this paragraph, dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party’s 's request for a panel under Article 6 of Annex 2 to the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO Agreement. 5. For the purposes of this Chapter, unless the context otherwise expressly indicates: (a) advisor means any person retained by any disputing Party to advise or assist that Party in connection with the arbitration panel proceeding; (b) arbitration panel means an arbitration panel established pursuant to Article 9.4; (c) complaining party means any Party that requests the establishment of an arbitration panel under Article 9.4; (d) representative of a disputing party means an employee, or a natural or juridical person appointed by a government department or agency or of any other government entity of a Party; and (e) responding party means any Party alleged to be in breach of this Agreement.