Common use of Selection of the Mediator Clause in Contracts

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. 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 select by lot and appoint a mediator from among the Members of the Tribunal who are nationals neither nationals of a Member State of the Union, 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.