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.
2. In the event that the Parties are unable to agree on the mediator within the time frame laid down in paragraph 1 of this Article, either Party may request the chair or co-chairs of the Association Committee in Trade configuration as set out in Article 438(4) of this Agreement, or their delegates, to select the mediator, by drawing lots, from the list established under Article 404(1) of this Agreement. Representatives of both Parties shall be invited, with sufficient advance notice, to be present when the lots are drawn. In any event, the drawing of lots shall be carried out with the Party/Parties that is/are present.
3. The chair or co-chairs of the Association Committee in Trade configuration as set out in Article 438(4) of this Agreement, or their delegates, shall select the mediator within five working days of the request made under paragraph 2 of this Article by either Party.
4. Should the list referred to in Article 404(1) of this Agreement not be established at the time a request is made pursuant to Article 3 of this Annex, the mediator shall be selected, by drawing lots, from the individuals which have been formally proposed by one or both of the Parties.
5. A mediator shall not be a citizen of either Party, unless the Parties agree otherwise.
6. The mediator shall assist, in an impartial and transparent manner, the Parties in bringing clarity to the measure and its possible trade effects, and in reaching a mutually agreed solution. The Code of Conduct for Arbitrators and Mediators set out in Annex XXXIV to this Agreement shall apply to mediators, mutatis mutandis. Rules 3 to 7 (Notifications) and 41 to 45 (Translation and interpretation) of the Rules of Procedure of Annex XXXIII to this Agreement shall also apply, mutatis mutandis.
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. 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.
2. If the disputing parties cannot agree on the choice of the mediator within the established time frame, either disputing party may request the President of the Tribunal to draw by lot and appoint a mediator from among the Members of the Tribunal who are neither nationals of a Member State of the Union, nor of Viet Nam.
3. The President of the Tribunal shall appoint the mediator within five working days of the request referred to in paragraph 2.
4. The mediator shall assist, in an impartial and transparent manner, the disputing parties in reaching a mutually agreed solution.
Selection of the Mediator. 1. The 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 3 (Initiation of the Procedure) of this Annex.
2. If the Parties cannot agree on the mediator within the established time frame, either Party may request the chair of the Committee, or the chair's delegate, to draw the mediator by lot from the list established under paragraph 2 of Article 3.44 (Lists of Arbitrators). Representatives of both Parties are entitled to be present when the lots are drawn.
3. The chair of the Committee, or the chair's delegate, shall select the mediator within five working days of the request referred to in paragraph 2.
4. A mediator shall not be a national of either Party, unless the Parties agree otherwise.
5. The mediator shall assist, in an impartial and transparent manner, the Parties in bringing clarity to the measure and its possible adverse effects on trade and investment, and in reaching a mutually agreed solution. Annex 11 shall apply to mediators, mutatis mutandis. Rules 4 to 9 and Rules 46 to 49 of Annex 9 shall also apply, mutatis mutandis.
Selection of the Mediator. 1. If both disputing parties agree to a mediation procedure, a mediator shall be selected in accordance with the procedure set out in Article 2.21 (Mediation) of Section C (Resolution of Investment Disputes and Investment Court System). The disputing parties shall endeavour to agree on a mediator within 15 working days from the receipt of the reply to the request.
2. A mediator shall not be a national of either Party to the Agreement, unless the disputing parties agree otherwise.
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.
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.
(b) The parties shall either:
(i) agree upon a mediator from the list provided, or from any alternative source provided that the prospective mediators meet the requisite qualifications or
(ii) alternate in striking names from the list provided by AAA with the last name remaining on the list being assigned the mediator (the first party to strike a name shall be determined by lottery) or
(iii) request that AAA select a mediator with the appropriate qualifications.
(c) The parties shall have seven (7) days from the date of receipt of the AAA's list of prospective mediators to complete the process of selecting and appointing a mediator.
(d) The mediator shall comply with the disclosures required by Section 11 of the Procedures.
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.
2. In the event that the Parties are unable to agree on the mediator within the time frame laid down in paragraph 1 of this Article, either Party may request the chair of the Cooperation Committee, or the chair's delegate, to select the mediator by lot from the list established under Article 196(1) of this Agreement. Representatives of both Parties shall be invited, with sufficient advance notice, to be present when the lots are drawn. In any event, the drawing of lots shall be carried out with the Party/Parties that is/are present.
3. The chair of the Cooperation Committee, or the chair's delegate, shall select the mediator within five days of the request made pursuant to paragraph 2.
4. Should the list referred to in Article 196(1) of this Agreement not be established at the time a request is made pursuant to Article 3 of this Annex, the mediator shall be drawn by lot from the individuals who have been formally proposed by one or both of the Parties.
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.
3. A mediator shall not be a national of either Party, unless the disputing parties agree otherwise. 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.
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.
