Common use of Selection of the Mediator Clause in Contracts

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. 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 ’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 ’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. The Parties shall endeavour to agree on a mediator no later than fifteen 15 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 chairperson of the Committee, Committee or the chairchairperson's delegate, delegate to draw select 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 chairperson of the Committee, Committee or the chairchairperson's delegate, delegate shall select the mediator within five working days of the request referred to in paragraph 2. 4. A The mediator shall not be a national of either Party, unless the Parties agree otherwise. 5. The mediator shall assistassist the Parties, 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 8 and Rules 46 45 to 49 48 of Annex 9 shall also apply, mutatis mutandis.

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 15.3 (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 Trade Committee, or the chair's delegate, to draw the mediator by lot from the list established under paragraph 2 of Article 3.44 14.20 (Lists of Arbitrators). Representatives of both Parties are entitled to be present when the lots are drawn. 3. The chair of the Trade 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 14-B shall apply to mediators, mutatis mutandis. Rules 4 to 9 and Rules 46 to 49 of Annex 9 14-A shall also apply, mutatis mutandis.