Common use of Resolution of Telecommunications Disputes Clause in Contracts

Resolution of Telecommunications Disputes. Recourse 1. Each Party shall ensure that: (a) service suppliers may have recourse to a regulatory authority or other relevant body of the Party to resolve disputes between service suppliers or between service suppliers and users regarding matters set out in this Sub-section; and (b) in the event of a dispute arising between suppliers of public telecommunications transport networks or services in connection with rights and obligations that arise from this Sub-section, a regulatory authority concerned shall, at the request of either party to the dispute issue a binding decision to resolve the dispute in the shortest possible time frame and in any case within a reasonable period of time. Appeal and Judicial Review 2. Any service supplier whose legally protected interests are adversely affected by a determination or decision of a regulatory authority: (a) shall have a right to appeal against that determination or decision to an appeal body (1). Where the appeal body is not judicial in character, written reasons for its determination or decision shall always be given and its determination or decision shall also be subject to review by an impartial and independent judicial authority. Determinations or decisions taken by appeal bodies shall be effectively enforced; and (b) may obtain review of the determination or decision by an impartial and independent judicial authority of the Party. Neither Party may permit an application for judicial review to constitute grounds for non-compliance with the determination or decision of the regulatory authority unless the relevant judicial body stays such determination or decision. (1) For disputes between service suppliers or between service suppliers and users, the appeal body shall be independent of the parties involved in the dispute.

Resolution of Telecommunications Disputes. Recourse 1. Each Party shall ensure that: (a) service suppliers may have recourse to a regulatory authority or other relevant body of the Party to resolve disputes between service suppliers or between service suppliers and users regarding matters set out in this Sub-section; and (b) in the event of a dispute arising between suppliers of public telecommunications transport networks or services in connection with rights and obligations that arise from this Sub-section, a regulatory authority concerned shall, at the request of either party to the dispute issue a binding decision to resolve the dispute in the shortest possible time frame and in any case within a reasonable period of time. Appeal and Judicial Review 2. Any service supplier whose legally protected interests are adversely affected by a determination or decision of a regulatory regu­ latory authority: (a) shall have a right to appeal against that determination or decision to an appeal body (138). Where the appeal body is not judicial in character, written reasons for its determination or decision shall always be given and its determination or decision shall also be subject to review by an impartial and independent judicial authority. Determinations or decisions taken by appeal bodies shall be effectively enforced; and (b) may obtain review of the determination or decision by an impartial and independent judicial authority of the Party. Neither Party may permit an application for judicial review to constitute grounds for non-non- compliance with the determination or decision of the regulatory authority unless the relevant judicial body stays such determination or decision. (1) For disputes between service suppliers or between service suppliers and users, the appeal body shall be independent of the parties involved in the dispute.

Resolution of Telecommunications Disputes. Recourse 1. Each Party shall ensure that: (a) service suppliers may have recourse to a regulatory authority or other relevant body of the Party to resolve disputes between service suppliers or between service suppliers and users regarding matters set out in this Sub-section; and (b) in the event of a dispute arising between suppliers of public telecommunications transport networks or services in connection with rights and obligations that arise from this Sub-Sub section, a regulatory authority concerned shall, at the request of either party to the dispute issue a binding decision to resolve the dispute in the shortest possible time frame and in any case within a reasonable period of time. Appeal and Judicial Review 2. Any service supplier whose legally protected interests are adversely affected by a determination or decision of a regulatory authority: (a) shall have a right to appeal against that determination or decision to an appeal body (134). Where the appeal body is not judicial in character, written reasons for its determination or decision shall always be given and its determination or decision shall also be subject to review by an impartial and independent judicial authority. Determinations or decisions taken by appeal bodies shall be effectively enforced; and (b) may obtain review of the determination or decision by an impartial and independent judicial authority of the Party. Neither Party may permit an application for judicial review to constitute grounds for non-compliance with the determination or decision of the regulatory authority unless the relevant judicial body stays such determination or decision. (1) For disputes between service suppliers or between service suppliers and users, the appeal body shall be independent of the parties involved in the dispute.

Resolution of Telecommunications Disputes. Recourse 1. Each Party shall ensure that: (a) service suppliers may have recourse to a regulatory authority or other relevant body of the Party to resolve disputes between service suppliers or between service suppliers and users regarding matters set out in this Sub-section; and (b) in the event of a dispute arising between suppliers of public telecommunications transport networks or services in connection with rights and obligations that arise from this Sub-section, a regulatory authority concerned shall, at the request of either party to the dispute issue a binding decision to resolve the dispute in the shortest possible time frame and in any case within a reasonable period of time. Appeal and Judicial Review 2. Any service supplier whose legally protected interests are adversely affected by a determination or decision of a regulatory authority: (a) shall have a right to appeal against that determination or decision to an appeal body (1). body.38 Where the appeal body is not judicial in character, written reasons for its determination or decision shall always be given and its determination or decision shall also be subject to review by an impartial and independent judicial authority. Determinations or decisions taken by appeal bodies shall be effectively enforced; and (b) may obtain review of the determination or decision by an impartial and independent judicial authority of the Party. Neither Party may permit an application for judicial review to constitute grounds for non-compliance with the determination or decision of the regulatory authority unless the relevant judicial body stays such determination or decision. (1) . 38 For disputes between service suppliers or between service suppliers and users, the appeal body shall be independent of the parties involved in the dispute.