Special Consultations for Dispute Settlement Sample Clauses

Special Consultations for Dispute Settlement. 1. For the purpose of settling disputes, either Party may make a request in writing for consultations to the other Party if the requesting Party considers that any benefit accruing to it directly or indirectly under this Agreement or the Implementing Agreement is being nullified or impaired, as a result of failure of the requested Party to carry out its obligations, or as a result of the application by the requested Party of measures which conflict with its obligations, under this Agreement or the Implementing Agreement.
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Special Consultations for Dispute Settlement. 1. For the purpose of settling disputes, either Party maymake a request in writing for consultations to the otherParty if the requesting Party considers that any benefitaccruing to it directly or indirectly under this Agreementor the Implementing Agreement is being nullified orimpaired, as a result of failure of the requested Party tocarry out its obligations, or as a result of theapplication by the requested Party of measures whichconflict with its obligations, under this Agreement or theImplementing Agreement. 2. Unless the Parties agree otherwise, the requestedParty shall: (a) enter into consultations within 30 days after thedate of receipt of the request for consultationsmade pursuant to paragraph 1 above; or (b) enter into consultations within 10 days after thedate of receipt of the request for consultationsmade pursuant to paragraph 1 above if theprocedure provided for in Article 140 wasutilised in respect of the same dispute and 60days or more have elapsed from the date of theinitiation of consultations under that Article. 3. The Parties shall make every effort to reach amutually satisfactory resolution through consultations. 4. Where there is an infringement of the obligationsassumed under this Agreement or the Implementing Agreement,such infringement is considered prima facie to constitute a case of nullification or impairment.

Related to Special Consultations for Dispute Settlement

  • Dispute Settlement 1. A Party may not initiate proceedings under the general dispute settlement provisions of this Agreement regarding a refusal to grant temporary entry under this Chapter unless: (a) the matter involves a pattern of practice; and (b) the business person has exhausted the available administrative remedies regarding the particular matter. 2. The remedies referred to in subparagraph 1(b) shall be deemed to be exhausted if a final determination in the matter has not been issued by the competent authority within one year of the institution of an administrative proceeding, and the failure to issue a determination is not attributable to delay caused by the business person.

  • DISPUTE SETTLEMENT PROCEDURE A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter should be dealt with as close to its source as possible. Disputes over matters arising from this agreement shall be dealt with according to the following procedure. An employee or the union delegate or site xxxxxxx or Enterprise should initially submit any work related grievance and/or industrial matter to the site foreperson, supervisor or other appropriate site representative of the company or appropriate site union representative as relevant. If the matter remains unresolved the union delegate or site xxxxxxx may then submit the matter to the appropriate senior management person. Where relevant the Enterprise may submit the matter to a union official. If still not resolved the delegate or site xxxxxxx shall refer the matter to an appropriate official of the union, who shall discuss the matter with the nominated representative of the Enterprise. If still not resolved there may be discussions between the state secretary and senior management representative. Whilst the above procedures are being followed work should continue as normal. This procedure is to be followed in good faith and without unreasonable delay by any party. Should the matter remain unresolved and where the issue is within the jurisdiction of the Victorian Building Industry Disputes Board (“the Board”), either of the parties shall refer the dispute at first instance to the Board (which shall deal with the dispute in accordance with VBIA procedures and, where required, determine issues of jurisdiction). The Board’s decision will be accepted by all parties subject to the right of either party to refer the dispute to the Australian Industrial Relations Commission for conciliation and if required arbitration. The Commission’s decision will be accepted by all parties subject to legal rights of appeal. This dispute settlement procedure does not apply to health and safety issues or issues of industry, state or national significance.

  • Dispute Settlement Procedures (1) If a dispute relates to:

  • Settlement of Dispute Any disputes under the Agreement shall be settled at first through friendly consultation between the parties hereto. In case no settlement can be reached through consultation, each party shall have the right to submit such disputes to China International Economic and Trade Arbitration Commission in Beijing. The Place of arbitration is Beijing. The arbitration award shall be final and binding on both parties.

  • Non-Application of Dispute Settlement No Party shall have recourse to dispute settlement under Chapter 28 (Dispute Settlement) for any matter arising under this Chapter.

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