Common use of Rules of the Mediation Procedure Clause in Contracts

Rules of the Mediation Procedure. 1. Within 10 days of the appointment of the mediator, the Party which invoked the mediation procedure shall deliver to the mediator and the other Party a detailed written description of its concerns, in particular the operation of the measure at issue and the legal basis for the complaint. 2. Within 20 days of the delivery of this description, the other Party may provide written comments. Either Party may include any information that it deems relevant in its description or comments. 3. The mediator shall assist the Parties to the mediation in an impartial and transparent manner in bringing clarity to the measure or any other matter described in Article 14.3 (Scope) and in reaching a mutually agreed solution. In particular, the mediator may organise meetings between the Parties to the mediation, consult them jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties to the mediation. The mediator shall consult with the Parties to the mediation before seeking the assistance of, or consulting with, relevant experts and stakeholders. 4. The mediator may offer advice and propose a solution for the consideration of the Parties to the mediation. The Parties to the mediation may accept or reject the proposed solution, or agree on a different solution. The mediator shall not advise or comment on the consistency of the measure at issue with this Agreement. 5. The mediation procedure shall take place in the capital of the Party to which the request for mediation referred to in Article 14B.2 was addressed, or by mutual agreement in any other location or by any other means. 6. The Parties to the mediation shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties to the mediation may consider possible interim solutions, particularly if the measure relates to perishable goods, or seasonal goods or services that rapidly lose their trade value. 7. Upon request of either Party to the mediation, the mediator shall issue to the Parties a draft written factual report, providing: (a) a brief summary of the measure at issue in the mediation procedure; (b) the procedures followed; and (c) any mutually agreed solution reached as the outcome of the mediation procedure, including possible interim solutions. 8. The mediator shall allow the Parties to the mediation 15 days to comment on the draft factual report. After considering the comments received, the mediator shall, within 15 days, deliver a final written factual report to the Parties to the mediation. The factual report shall not include any interpretation of this Agreement.

Appears in 5 contracts

Samples: Digital Economy Partnership Agreement, Digital Economy Partnership Agreement, Digital Economy Partnership Agreement

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Rules of the Mediation Procedure. 1. Within 10 ten days of after the appointment of the mediator, the Party which having invoked the mediation procedure shall deliver present, in writing, a detailed description of the problem to the mediator and to the other Party a detailed written description of its concernsParty, in particular of the operation of the measure at issue and the legal basis for the complaint. 2its adverse effects on investment. Within 20 twenty days after the date of the delivery of this descriptionsubmission, the other Party may provide written commentsprovide, in writing, its comments to the description of the problem. Either Party may include in its description or comments any information that it deems relevant in its description or commentsrelevant. 32. The mediator shall assist may decide on the Parties to the mediation in an impartial and transparent manner in most appropriate way of bringing clarity to the measure or any other matter described in Article 14.3 (Scope) concerned and in reaching a mutually agreed solutionits possible adverse effects on investment. In particular, the mediator may organise meetings between the Parties to the mediationParties, consult them the Parties jointly or individually, seek the assistance of, of or consult with, with relevant experts and stakeholders and provide any additional support requested by the Parties to Parties. However, before seeking the mediation. The assistance of or consulting with relevant experts and stakeholders, the mediator shall consult with the Parties to the mediation before seeking the assistance of, or consulting with, relevant experts and stakeholdersParties. 43. The mediator may offer advice and propose a solution for the consideration of the Parties to the mediation. The Parties to the mediation who may accept or reject the proposed solution, solution or may agree on a different solution. The However, the mediator shall not advise or comment give comments on the consistency of the measure at issue with this Agreement. 54. The mediation procedure shall take place in the capital territory of the Party to which the request for mediation referred to in Article 14B.2 was addressedaddressed or, or by mutual agreement agreement, in any other location or by any other means. 65. The Parties to the mediation shall endeavour to reach a mutually agreed solution within 60 sixty days of from the appointment of the mediator. Pending a final agreement, the Parties to the mediation may consider possible interim solutions. 6. The solution may be adopted by means of a decision of the Committee. Either Party may make such solution subject to the completion of any necessary internal procedures. Mutually agreed solutions shall be made publicly available. However, particularly if the measure relates version disclosed to perishable goods, or seasonal goods or services the public may not contain any information that rapidly lose their trade valuea Party has designated as confidential. 7. Upon request of either Party to the mediation, the mediator The procedure shall issue to the Parties a draft written factual report, providingbe terminated: (a) by the adoption of a brief summary mutually agreed solution by the Parties, on the date of the measure at issue in the mediation procedureadoption; (b) by a mutual agreement of the procedures followed; andParties at any stage of the procedure, on the date of that agreement; (c) any by a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail, on the date of that declaration; or (d) by a written declaration of a Party after exploring mutually agreed solution reached as the outcome of solutions under the mediation procedureprocedure and after having considered any advice and proposed solutions by the mediator, including possible interim solutions. 8. The mediator shall allow the Parties to the mediation 15 days to comment on the draft factual report. After considering the comments received, the mediator shall, within 15 days, deliver a final written factual report to the Parties to the mediation. The factual report shall not include any interpretation date of this Agreementthat declaration.

Appears in 3 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement, Investment Protection Agreement

Rules of the Mediation Procedure. 1. Within 10 days of the appointment of the mediator, the Party which invoked the mediation procedure shall deliver a detailed, written description of its concerns to the mediator and to the other Party a detailed written description of its concernsParty, in particular of the operation of the measure at issue and the legal basis for the complaint. 2its trade effects. Within 20 days of the delivery receipt of this description, the other Party may provide deliver written commentscomments on the description. Either Party may include any information that it deems relevant in its description or comments. 32. The mediator shall assist may decide on the Parties to the mediation in an impartial and transparent manner in most appropriate way of bringing clarity to the measure or any other matter described in Article 14.3 (Scope) concerned and in reaching a mutually agreed solutionits possible trade effects. In particular, the mediator may organise organize meetings between the Parties to the mediationParties, consult them jointly or individually, individually and provide any additional support requested by the Parties. The mediator shall seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by upon agreement of the Parties to the mediation. The mediator shall consult with the Parties to the mediation before seeking the assistance of, or consulting with, relevant experts and stakeholdersParties. 4. The mediator may offer advice and propose a solution for the consideration of the Parties to the mediation. The Parties to the mediation may accept or reject the proposed solution, or agree on a different solution3. The mediator shall not advise or comment on the consistency of the measure at issue with this Agreement. The mediator may offer advice and propose a solution for the consideration of the Parties. The Parties may accept or reject the proposed solution, or agree on a different solution. 54. The mediation procedure shall take place in the capital territory of the Party to which the request for mediation referred to in Article 14B.2 was addressed, or by mutual agreement in any other location or by any other means. 65. The Parties to the mediation shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties to the mediation may consider possible interim solutions, particularly if the measure relates to perishable goods, or seasonal goods or services that rapidly lose their trade value. 6. Either Party may make the solution subject to the completion of any necessary internal procedures. Mutually agreed solutions shall be made publicly available. The version disclosed to the public shall not contain any information a Party has designated as confidential. 7. Upon On request of either Party to the mediationParties, the mediator shall issue deliver a draft factual report to the Parties a draft written factual reportParties, providing: (a) providing a brief summary of (1) the measure at issue in the mediation procedure; issue; (b2) the procedures followed; and and (c3) any mutually agreed solution reached as the outcome of the mediation procedurereached, including possible interim solutions. 8. The mediator shall allow the Parties to the mediation 15 days to comment on the draft factual report. After considering the comments receivedof the Parties received within that period, the mediator shall, within 15 days, deliver a final written factual report to the Parties to the mediationParties. The factual report shall not include any interpretation of this Agreement. 8. The procedure shall be terminated: (a) by the adoption of a mutually agreed solution by the Parties, on the date of the adoption thereof; (b) by mutual agreement of the Parties at any stage of the procedure, on the date of that agreement; (c) by a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail, on the date of that declaration; or (d) by a written declaration of a Party after exploring any possible mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.

Appears in 2 contracts

Samples: Eu Mercosur Association Agreement, Arbitration Rules

Rules of the Mediation Procedure. 1. Within 10 days of the date of appointment of the mediator, the Party which having invoked the mediation procedure shall deliver present, in writing, a detailed description of the problem to the mediator and to the other Party a detailed written description of its concernsParty, in particular of the operation of the measure at issue and the legal basis for the complaint. 2its effects on investment. Within 20 days of the date of delivery of this that description, the other Party may provide written commentsprovide, in writing, its comments to the description of the problem. Either Party may include in its description or comments any information that it deems relevant in its description or commentsrelevant. 32. The mediator shall assist may decide on the Parties to the mediation in an impartial and transparent manner in most appropriate way of bringing clarity to the measure or any other matter described in Article 14.3 (Scope) concerned and in reaching a mutually agreed solutionits possible effects on investment. In particular, the mediator may organise meetings between the Parties to the mediationParties, consult them the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties to the mediationParties. The mediator shall consult with the Parties to the mediation before Before seeking the assistance of, or consulting with, relevant experts and stakeholders, the mediator shall consult with the Parties. 43. The mediator may offer advice and propose a solution for the consideration of the Parties to the mediation. The Parties to the mediation which may accept or reject the proposed solution, solution or may agree on a different solution. The mediator shall not advise or comment give comments on the consistency of the measure at issue with the provisions of this Agreement. 54. The mediation procedure shall take place in the capital territory of the Party to which the request for mediation referred to in Article 14B.2 was addressedaddressed or, or by mutual agreement agreement, in any other location or by any other means. 65. The Parties to the mediation shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties to the mediation may consider possible interim solutions, particularly especially if the measure relates to involves perishable goods, or seasonal goods or services . 6. The solution may be adopted by means of a decision of the Committee. Either Party may make such solution subject to the completion of any necessary internal procedures. Mutually agreed solutions shall be made publicly available. The version disclosed to the public may not contain any information that rapidly lose their trade valuea Party has designated as confidential. 7. Upon request of either Party to the mediationParties, the mediator shall issue to the Parties Parties, in writing, a draft written factual report, providingproviding a brief summary of: (a) a brief summary of the measure at issue in the mediation procedure; (b) the procedures followed; and (c) any mutually agreed solution reached as the final outcome of the mediation procedure, including possible interim solutions. 8. The mediator shall allow provide 15 days for the Parties to the mediation 15 days to comment on the draft factual report. After considering the comments receivedof the Parties submitted within that period, the mediator shallshall issue, within 15 daysin writing, deliver a final written factual report to the Parties to the mediationwithin 15 days. The factual report shall not include any interpretation of this Agreement. 8. The mediation procedure shall be terminated by: (a) the adoption of a mutually agreed solution by the Parties, on the date of its adoption; (b) mutual agreement of the Parties at any stage of the mediation procedure, on the date of that agreement; (c) a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail, on the date of that declaration; or (d) a written declaration of a Party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Rules of the Mediation Procedure. 1. Within 10 days of the date of appointment of the mediator, the Party which having invoked the mediation procedure shall deliver present, in writing, a detailed description of the problem to the mediator and to the other Party a detailed written description of its concernsParty, in particular of the operation of the measure at issue and the legal basis for the complaint. 2its trade effects. Within 20 days of the date of delivery of this that description, the other Party may provide written commentsprovide, in writing, its comments to the description of the problem. Either Party may include in its description or comments any information that it deems relevant in its description or commentsrelevant. 32. The mediator shall assist may decide on the Parties to the mediation in an impartial and transparent manner in most appropriate way of bringing clarity to the measure or any other matter described in Article 14.3 (Scope) concerned and in reaching a mutually agreed solutionits possible trade effects. In particular, the mediator may organise meetings between the Parties to the mediationParties, consult them the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties to the mediationParties. The mediator shall consult with the Parties to the mediation before Before seeking the assistance of, or consulting with, relevant experts and stakeholders, the mediator shall consult with the Parties. 43. The mediator may offer advice and propose a solution for the consideration of the Parties to the mediation. The Parties to the mediation which may accept or reject the proposed solution, solution or may agree on a different solution. The mediator shall not advise or comment give comments on the consistency of the measure at issue with this Agreementissue. 54. The mediation procedure shall take place in the capital territory of the Party to which the request for mediation referred to in Article 14B.2 was addressedaddressed or, or by mutual agreement agreement, in any other location or by any other means. 65. The Parties to the mediation shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties to the mediation may consider possible interim solutions, particularly especially if the measure relates to perishable goods, or seasonal goods or services . 6. The solution may be adopted by means of a decision of the Committee. Either Party may make such solution subject to the completion of any necessary internal procedures. Mutually agreed solutions shall be made publicly available. The version disclosed to the public may not contain any information that rapidly lose their trade valuea Party has designated as confidential. 7. Upon request of either Party to the mediationParties, the mediator shall issue to the Parties Parties, in writing, a draft written factual report, providingproviding a brief summary of: (a) a brief summary of the measure at issue in the mediation procedure; (b) the procedures followed; and (c) any mutually agreed solution reached as the final outcome of the mediation procedure, including possible interim solutions. 8. The mediator shall allow provide 15 days for the Parties to the mediation 15 days to comment on the draft factual report. After considering the comments receivedof the Parties submitted within that period, the mediator shallshall issue, within 15 daysin writing, deliver a final written factual report to the Parties to the mediationwithin 15 days. The factual report shall not include any interpretation of this Agreement. 8. The mediation procedure shall be terminated by: (a) the adoption of a mutually agreed solution by the Parties, on the date of its adoption; (b) mutual agreement of the Parties at any stage of the mediation procedure, on the date of that agreement; (c) a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail, on the date of that declaration; or (d) a written declaration of a Party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

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Rules of the Mediation Procedure. 1. Within 10 days of the appointment of the mediator, the Party which invoked the mediation procedure shall deliver a detailed, written description of its concerns to the mediator and to the other Party a detailed written description of its concernsParty, in particular of the operation of the measure at issue and the legal basis for the complaint. 2its trade effects. Within 20 days of the delivery receipt of this description, the other Party may provide deliver written commentscomments on the description. Either Party may include any information that it deems relevant in its description or comments. 32. The mediator shall assist may decide on the Parties to the mediation in an impartial and transparent manner in most appropriate way of bringing clarity to the measure or any other matter described in Article 14.3 (Scope) concerned and in reaching a mutually agreed solutionits possible trade effects. In particular, the mediator may organise organize meetings between the Parties to the mediationParties, consult them the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties to the mediationParties. The mediator shall consult with the Parties to the mediation before seeking the assistance of, or consulting with, relevant experts and stakeholders. 4. The mediator may offer advice and propose a solution for the consideration of the Parties to the mediation. The Parties to the mediation may accept or reject the proposed solution, or agree on a different solution3. The mediator shall not advise or comment on the consistency of the measure at issue with this Agreement. The mediator may offer advice and propose a solution for the consideration of the Parties. The Parties may accept or reject the proposed solution, or agree on a different solution. 54. The mediation procedure shall take place in the capital territory of the Party to which the request for mediation referred to in Article 14B.2 was addressed, or by mutual agreement in any other location or by any other means. 65. The Parties to the mediation shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties to the mediation may consider possible interim solutions, particularly if . 6. The mutually agreed solution or the measure relates interim solution may be adopted by means of a decision of the Cooperation Committee. Mutually agreed solutions shall be made publicly available. The version disclosed to perishable goods, or seasonal goods or services that rapidly lose their trade valuethe public shall not contain any information a Party has designated as confidential. 7. Upon On request of either Party to the mediationParties, the mediator shall issue deliver a draft factual report to the Parties a draft written factual reportParties, providing: (a) providing a brief summary of (1) the measure at issue in the mediation procedure; issue; (b2) the procedures followed; and and (c3) any mutually agreed solution reached as the outcome of the mediation procedurereached, including possible interim solutions. 8. The mediator shall allow the Parties to the mediation 15 days to comment on the draft factual report. After considering the comments receivedof the Parties received within that period, the mediator shall, within 15 days, deliver a final written factual report to the Parties to the mediationParties. The factual report shall not include any interpretation of this Agreement. 8. The procedure shall be terminated: (a) by the adoption of a mutually agreed solution by the Parties, on the date of the adoption thereof; (b) by mutual agreement of the Parties at any stage of the procedure, on the date of that agreement; (c) by a written declaration of the mediator, after consultation with the Parties, that further efforts at mediation would be to no avail, on the date of that declaration; or (d) by a written declaration of a Party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.

Appears in 1 contract

Samples: Trade Agreement

Rules of the Mediation Procedure. 1. Within 10 days of the appointment of the mediator, the Party which invoked the mediation procedure shall deliver to the mediator and the other Party a detailed written description of its concerns, in particular the operation of the measure at issue and the legal basis for the complaint. 2. Within 20 days of the delivery of this description, the other Party may provide written comments. Either Party may include any information that it deems relevant in its description or comments. 3. The mediator shall assist the Parties to the mediation in an impartial and transparent manner in bringing clarity to the measure or any other matter described in Article 14.3 (Scope14.3(Scope) and in reaching a mutually agreed solution. In particular, the mediator may organise meetings between the Parties to the mediation, consult them jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties to the mediation. The mediator shall consult with the Parties to the mediation before seeking the assistance of, or consulting with, relevant experts and stakeholders. 4. The mediator may offer advice and propose a solution for the consideration of the Parties to the mediation. The Parties to the mediation may accept or reject the proposed solution, or agree on a different solution. The mediator shall not advise or comment on the consistency of the measure at issue with this Agreement. 5. The mediation procedure shall take place in the capital of the Party to which the request for mediation referred to in Article 14B.2 was addressed, or by mutual agreement in any other location or by any other means. 6. The Parties to the mediation shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties to the mediation may consider possible interim solutions, particularly if the measure relates to perishable goods, or seasonal goods or services that rapidly lose their trade value. 7. Upon request of either Party to the mediation, the mediator shall issue to the Parties a draft written factual report, providing: (a) a brief summary of the measure at issue in the mediation procedure; (b) the procedures followed; and (c) any mutually agreed solution reached as the outcome of the mediation procedure, including possible interim solutions. 8. The mediator shall allow the Parties to the mediation 15 days to comment on the draft factual report. After considering the comments received, the mediator shall, within 15 days, deliver a final written factual report to the Parties to the mediation. The factual report shall not include any interpretation of this Agreement.

Appears in 1 contract

Samples: Digital Economy Partnership Agreement

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