Selection of the Mediator. 1. Upon the launch of the mediation procedure, the Parties shall endeavour to agree on a mediator no later than 15 days after the receipt of the reply to the request referred to in Article 3 of this Annex.
Selection of the Mediator. 1. The Parties shall endeavour to agree on a mediator within 15 days of the delivery of the acceptance referred to in Article 3(2) of this Annex.
Selection of the Mediator. 1. If both disputing parties agree to a mediation procedure, the disputing parties shall endeavour to agree on the choice of a mediator within 15 working days from the receipt of the reply to the request.
Selection of the Mediator. 1. The Parties to the mediation shall endeavour to agree on a mediator within 10 days of the initiation of the mediation procedure.
Selection of the Mediator. (a) Upon receipt of a signed submission form and payment of the filing fee by the parties, the AAA shall distribute to the parties by facsimile or other electronic means a list containing the names of at least seven (7) prospective mediators with mediation experience, or with technical or business experience in the electric power industry, or both, as AAA shall deem appropriate to the dispute.
Selection of the Mediator. 1. The disputing parties shall endeavour to agree on a mediator no later than fifteen days after the receipt of the reply to the request referred to in paragraph 2 of Article 2 (Initiation of the Procedure) of this Annex. Such agreement may include appointing a mediator from the Members of the Tribunal established according to Article 3.9 (Tribunal of First Instance). 2. If the disputing parties cannot agree on the mediator pursuant to paragraph 1, either disputing party may request the President of the Tribunal to draw the mediator by lot from the Members of the Tribunal established pursuant to Article 3.9 (Tribunal of First Instance). The President of the Tribunal shall select the mediator within ten working days of the request by either disputing party. 1 For greater certainty, where the request concerns treatment by the European Union, the party to the mediation shall be the European Union and any Member State concerned shall be fully associated in the mediation. Where the request concern exclusively treatment by a Member State, the party to the mediation shall be the Member State concerned, unless it requests the European Union to be party. 2 3. A mediator shall not be a national of either Party, unless the disputing parties agree otherwise. 4. The mediator shall assist, in an impartial and transparent manner, the disputing parties in bringing clarity to the measure and its possible adverse effects on investment, and reaching a mutually agreed solution. Article 4
Selection of the Mediator. The Disputing Parties shall jointly select a mediator. The mediator must be independent, impartial, knowledgeable and experienced in the kinds of issues in dispute. If the Disputing Parties cannot agree on the choice of a mediator within 14 days from the date of the notice to mediate, then a mediator will be selected, upon application by the parties, by the ADR Institute of Canada. If the ADR Institute no longer exists or is otherwise unable or unwilling to select a mediator, then the parties may agree to select another organization capable of selecting a mediator. If the parties cannot agree on such an organization, then the parties may proceed to arbitration under Article 13.4.
Selection of the Mediator. (a) Promptly following receipt of a Notice of Mediation, CPR shall convene the parties participating in the mediation, in person or by telephone, to attempt to select a mediator by agreement of the parties. If the parties do not promptly reach agreement, CPR shall submit to the parties the names of not less than three mediator candidates from the CPR Panels of Distinguished Neutrals, with their resumes and hourly rates. If the parties are unable to agree on a candidate from the list within seven days following receipt of the list, each party will, within ten days following receipt of the list, send to CPR the list of candidates ranked in descending order of preference. The candidate with the lowest combined score will be appointed as the mediator by CPR. CPR shall break a tie. (b) Before proposing any mediator candidate CPR shall request the candidate to disclose any circumstances known to him or her which would cause reasonable doubt regarding the candidate's impartiality. If such circumstances are disclosed, the individual shall not serve, unless all parties agree. A party may challenge a mediator candidate if it knows of circumstances giving rise to reasonable doubt regarding the candidate's impartiality. (c) The procedure set forth in this Section 15.5.4 notwithstanding, the parties shall be free to select a mediator by themselves or by other means.
Selection of the Mediator. 1. The Parties to the mediation shall endeavour to agree on a mediator within 10 days of the initiation of the mediation procedure.
2. In the event that the Parties to the mediation are unable to agree on the mediator within the time period laid down in paragraph 1, either Party may request that the appointment be made by the Director-General of the WTO within a further 15 days.
3. If the Director-General of the WTO notifies the Parties to the mediation that he or she is unavailable, or does not appoint a mediator within 15 days after the date of the request referred to in paragraph 2, either Party may request the Secretary-General of the Permanent Court of Arbitration to make the appointment promptly.
4. Unless the Parties to the mediation agree otherwise, a mediator shall not be a national of, or be employed by, either Party.
5. A mediator shall comply with the Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes (as contained in document WT/DSB/RC/1 and any subsequent amendments), mutatis mutandis.
Selection of the Mediator. 1. The disputing parties shall endeavour to agree on a mediator no later than 15 days after the receipt of the reply to the request referred to in paragraph 2 of Article 2 (Initiation of the Procedure) of this Annex. Such agreement may include appointing a mediator from the Members of the Tribunal established according to Article 3.9 (Tribunal of First Instance). 1 For greater certainty, where the request concerns treatment by the Union, the party to the mediation shall be the Union and any Member State of the Union concerned shall be fully associated in the mediation. Where the request concerns exclusively treatment by a Member State of the Union, the party to the mediation shall be the Member State of the Union concerned, unless it requests the Union to be party.
