Common use of Selection of the Mediator Clause in Contracts

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. 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 Article1, either Party may request the chair or co-chairs of the Association Committee in Trade configuration configuration, as set out in Article 438(4408(4) of this Agreement, or their delegates, to select the mediator, mediator by drawing lots, lot from the list established under Article 404(1) 268 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 lot 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 Agreementconfiguration, or their delegates, shall select the mediator within five working days of the request made by either Party under paragraph 2 of this Article by either PartyArticle. 4. Should the list referred to provided for in Article 404(1) 268 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, drawn by drawing lots, lot 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 XXI to this Agreement shall apply to mediators, mutatis mutandis. Rules 3 to through 7 (Notificationsnotifications) and 41 to through 45 (Translation translation and interpretation) of the Rules of Procedure of Annex XXXIII XX to this Agreement shall also apply, mutatis mutandis.

Selection of the Mediator. 1. Upon the launch of the mediation procedure, the The Parties shall endeavour to agree on a mediator no later than within 15 days after the receipt of the reply to delivery of the request acceptance referred to in Article 3 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 or co-chairs of the Association Committee in Trade configuration as set out in Article 438(4) of this AgreementCooperation Committee, or their delegatesthe chair’s delegate, to select the mediator, mediator by drawing lots, lot from the list established under Article 404(1196(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 AgreementCooperation Committee, or their delegatesthe chair’s delegate, shall select the mediator within five working days of the request made under pursuant to paragraph 2 of this Article by either Party2. 4. Should the list referred to in Article 404(1196(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, drawn by drawing lots, lot from the individuals which who 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 assistshall, in an impartial and transparent manner, assist the Parties in bringing clarity to the measure and its possible trade effectseffects on trade, and in reaching a mutually agreed solution. 7. The Code of Conduct for Arbitrators Members of Arbitration Panels and Mediators set out in Annex XXXIV VI to this Agreement shall apply to mediators, mutatis mutandis. 8. Rules 3 to 7 (Notifications) and 41 42 to 45 46 (Translation and interpretation) of the Rules of Procedure of for Arbitration set out in Annex XXXIII V to this Agreement shall also apply, mutatis mutandis.

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 date of receipt of the reply to the request referred to in paragraph 2 of Article 3 (Initiation of the Mediation Procedure) of this Annex. 2. In the event that the Parties are unable to agree on the a mediator within the time frame limit laid down in paragraph 1 of this Article1, either Party may request the chair or co-chairs chairperson of the Association Committee in Trade configuration as set out in Article 438(4) of this AgreementCommittee, or their delegatesthe chairperson's delegate, to select the mediator, mediator by drawing lots, lot from the list established under Article 404(1) 3.23 (List of this AgreementArbitrators). Representatives of both the Parties shall be invited, with sufficient advance due notice, to be present when the lots are drawn. In any event, the drawing of lots lot shall be carried out with the Party/Party or Parties that is/are present. 3. The chair or co-chairs chairperson of the Association Committee in Trade configuration as set out in Article 438(4) of this AgreementCommittee, or their delegatesthe chairperson's delegate, shall select the mediator within five working days of the request made under reply referred to in paragraph 2 of this Article by either Party. 4. Should the list referred to provided for in Article 404(13.23 (List of Arbitrators) of this Agreement not be established at the time a request is made pursuant to Article 3 (Initiation of the Mediation Procedure) of this Annex, the mediator shall be selected, drawn by drawing lots, lot from the individuals which who 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 Annex 8(Code of Conduct for Arbitrators and Mediators set out in Annex XXXIV Mediators) applies to this Agreement shall apply to mediators, mediators mutatis mutandis. Rules 3 to 7 (Notifications) and 41 44 to 45 48 (Translation and interpretationInterpretation) of the Annex 7 (Rules of Procedure of Annex XXXIII to this Agreement shall also apply, Procedure) apply mutatis mutandis.

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 date of receipt of the reply to the request referred to in paragraph 2 of Article 3 (Initiation of the Mediation Procedure) of this Annex. 2. In the event that the Parties are unable to agree on the a mediator within the time frame limit laid down in paragraph 1 of this Article1, 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 AgreementCommittee, or their delegatesthe chair's delegate, to select the mediator, mediator by drawing lots, lot from the list established under Article 404(1) 3.23 (List of this AgreementArbitrators). Representatives of both the Parties shall be invited, with sufficient advance due notice, to be present when the lots are drawn. In any event, the drawing of lots lot shall be carried out with the Party/Party or 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 AgreementCommittee, or their delegatesthe chair's delegate, shall select the mediator within five working days of the request made under reply referred to in paragraph 2 of this Article by either Party. 4. Should the list referred to provided for in Article 404(13.23 (List of Arbitrators) of this Agreement not be established at the time a request is made pursuant to Article 3 (Initiation of the Mediation Procedure) of this Annex, the mediator shall be selected, selected by drawing lots, lot from the individuals which who have been formally proposed by one or both of the Parties. 5. A mediator shall not be a citizen national 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 effectseffects on investment, and in reaching a mutually agreed solution. The Annex 8 (Code of Conduct for Arbitrators and Mediators set out in Annex XXXIV Mediators) applies to this Agreement shall apply to mediators, mediators mutatis mutandis. Rules 3 to 7 (Notifications) and 41 44 to 45 48 (Translation and interpretationInterpretation) of the Annex 7 (Rules of Procedure of Annex XXXIII to this Agreement shall also apply, Procedure) apply mutatis mutandis.

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 date of receipt of the reply to the request referred to in paragraph 2 of Article 3 Cinitiation of the Mediation Procedure) of this Annex. 2. In the event that the Parties are unable to agree on the a mediator within the time frame limit laid down in paragraph 1 of this Article1, either Party may request the chair or co-chairs chairperson of the Association Committee in Trade configuration as set out in Article 438(4) of this AgreementCommittee, or their delegatesthe chairperson's delegate, to select the mediator, mediator by drawing lots, lot from the list established under Article 404(1) 3.23 (List of this AgreementArbitrators). Representatives of both the Parties shall be invited, with sufficient advance due notice, to be present when the lots are drawn. In any event, the drawing of lots lot shall be carried out with the Party/Party or Parties that is/are present. 3. The chair or co-chairs chairperson of the Association Committee in Trade configuration as set out in Article 438(4) of this AgreementCommittee, or their delegatesthe chairperson's delegate, shall select the mediator within five working days of the request made under reply referred to in paragraph 2 of this Article by either Party. 4. Should the list referred to provided for in Article 404(13.23 (List of Arbitrators) of this Agreement not be established at the time a request is made pursuant to Article 3 (Initiation of the Mediation Procedure) of this Annex, the mediator shall be selected, drawn by drawing lots, lot from the individuals which who 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 Annex 8(Code of Conduct for Arbitrators and Mediators set out in Annex XXXIV Mediators) applies to this Agreement shall apply to mediators, mediators mutatis mutandis. Rules 3 to 7 (Notifications) and 41 44 to 45 48 (Translation and interpretationInterpretation) of the Annex 7 (Rules of Procedure of Annex XXXIII to this Agreement shall also apply, Procedure) apply mutatis mutandis.

Selection of the Mediator. 1. Upon the launch of the mediation procedure, the The Parties shall endeavour to agree on a mediator no later than within 15 days after the receipt of the reply to delivery of the request acceptance referred to in Article 3 paragraph 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 or co-chairs of the Association Committee in Trade configuration as set out in Article 438(4) of this AgreementCooperation Committee, or their delegatesthe chair’s delegate, to select the mediator, mediator by drawing lots, lot from the list established under Article 404(1) 196 paragraph 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 AgreementCooperation Committee, or their delegatesthe chair’s delegate, shall select the mediator within five working days of the request made under pursuant to paragraph 2 of this Article by either PartyArticle. 4. Should the list referred to in Article 404(1) 196 paragraph 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, drawn by drawing lots, lot 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 assistshall, in an impartial and transparent manner, assist the Parties in bringing clarity to the measure and its possible trade effects, and in reaching a mutually agreed solution. 7. The Code of Conduct for Arbitrators Members of Arbitration Panels and Mediators set out in Annex XXXIV VI to this Agreement shall apply to mediators, mutatis mutandis. 8. Rules 3 to 7 (Notifications) and 41 42 to 45 46 (Translation and interpretation) of the Rules of Procedure of for Arbitration set out in Annex XXXIII V to this Agreement shall also apply, mutatis mutandis.

Selection of the Mediator. 1. Upon the launch of the mediation procedure, the The Parties shall endeavour to agree on a mediator no later than within 15 days after the receipt of the reply to delivery of the request acceptance referred to in Article 3 of this Annexparagraph 2. 2. A mediator shall not be a national of either Party, unless the Parties agree otherwise. 3. 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[1], 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 AgreementCommittee], or their delegatesthe chair's delegate, to select the mediator, mediator by drawing lots, lot from the list established under Article 404(1) [7 paragraph 4] of this Agreementthe Dispute Settlement Title. 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. 34. The chair or co-chairs of the Association Committee in [Trade configuration as set out in Article 438(4) of this AgreementCommittee], or their delegatesthe chair's designee, shall select the mediator within five working days of the request made under pursuant to paragraph 2 of this Article by either PartyArticle. 45. Should the list referred to in Article 404(1) [7 paragraph 4] of this Agreement the Dispute Settlement Title not be established at the time a request is made pursuant to Article 3 of this Annex[3], the mediator shall be selected, drawn by drawing lots, lot 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 assistshall, in an impartial and transparent manner, assist the Parties in bringing clarity to the measure and its possible trade effects, and in reaching a mutually agreed solution. 7. The Code of Conduct for Arbitrators Members of Arbitration Panels and Mediators set out in Annex XXXIV to this Agreement XX shall apply to mediators, mutatis mutandis. 8. [Rules 3 5 to 7 12 (Notifications) and 41 58 to 45 61] (Translation and interpretation) of the Rules of Procedure of for Arbitration set out in Annex XXXIII to this Agreement [XX] shall also apply, mutatis mutandis.

Selection of the Mediator. 1. Upon the launch of the mediation procedure, the The Parties shall endeavour to agree on a mediator no later than within 15 days after the receipt of the reply to delivery of the request acceptance referred to in Article 3 of this Annexparagraph 2. 2. A mediator shall not be a national of either Party, unless the Parties agree otherwise. 3. In the event that the Parties are unable to agree on the mediator within the time frame laid down in paragraph 1 of this Article1, 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 AgreementSub- committee, or their delegatesthe chair's delegate, to select the mediator, mediator by drawing lots, lot from the list established under Article 404(1) 7 paragraph 4 of this Agreementthe Dispute Settlement Title. 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. 34. The chair or co-chairs of the Association Committee in Trade configuration as set out in Article 438(4) of this AgreementSub-committee, or their delegatesthe chair's designee, shall select the mediator within five working days of the request made under pursuant to paragraph 2 of this Article by either PartyArticle. 45. Should the list referred to in Article 404(1) 7 paragraph 4 of this Agreement the Dispute Settlement Title not be established at the time a request is made pursuant to Article 3 of this Annex3, the mediator shall be selected, drawn by drawing lots, lot 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 assistshall, in an impartial and transparent manner, assist the Parties in bringing clarity to the measure and its possible trade effects, and in reaching a mutually agreed solution. 7. The [Code of Conduct for Arbitrators Members of Arbitration Panels and Mediators set out in Annex XXXIV to this Agreement Mediators] shall apply to mediators, mutatis mutandis. 8. Rules 3 5 to 7 12 (Notifications) and 41 58 to 45 61 (Translation and interpretation) of the Rules of Procedure of for Arbitration set out in Annex XXXIII to this Agreement XX] shall also apply, mutatis mutandis.