Written Submissions Sample Clauses
The Written Submissions clause establishes the requirement for parties to present their arguments, evidence, or positions in writing, rather than orally. Typically, this clause outlines deadlines for submitting documents, formatting requirements, and the process for exchanging submissions between parties or with a decision-maker. Its core practical function is to ensure that all relevant information is clearly documented and accessible, promoting transparency and efficiency in the resolution process.
POPULAR SAMPLE Copied 1 times
Written Submissions. The written submissions must contain the following information :
a) Name and addresses of the parties and their representatives ;
b) Priors for relief ;
c) Notice of the evidence offered for each allegation of facts. When presenting the statements, reference could be made to the content of an attachment, provided it is clear which statements are preferres in the deed. The priors for relief can still be modified until the beginning of the main hearing. It is only possible to supplement the facts after the correspondence has been completed if they are based on the findings of the technical report or if they constitute new facts or evidence which have arisen since then.
Written Submissions. (a) Within 5 Business Days after the date this expert determination process begins, the Party who gave notice under clause 24.1 (Expert determination) of the NRSA (Party A) must give the other Party and the Expert a written statement of the Matter referred for Expert determination, any agreed statement of facts and a written submission on the Matter in support of Party A's contentions.
(b) Within 5 Business Days after the statement in section 3(a) is served, the other Party must give Party A and the Expert a written response to Party A's submissions.
(c) If the Expert considers it appropriate, Party A may reply in writing to the other Party's response in section 3(b) within the time allowed by the Expert.
(d) If the Expert decides further information or documentation is required for the determination of the Matter, the Expert may direct one or more Parties to provide such further submissions, information or documents as the Expert may require.
Written Submissions. Within 5 Business Days after the date this expert determination process begins, the Party who gave notice under clause [# insert clause] of the Relevant Agreement (Party A) must give the other Party and the Expert a written statement of the Matter referred for Expert determination, any agreed statement of facts and a written submission on the Matter in support of Party A's contentions. Within 5 Business Days after the statement in section 3(a) is served, the other Party must give Party A and the Expert a written response to Party A's submissions. If the Expert considers it appropriate, Party A may reply in writing to the other Party's response in section 3(b) within the time allowed by the Expert. If the Expert decides further information or documentation is required for the determination of the Matter, the Expert may direct one or more Parties to provide such further submissions, information or documents as the Expert may require. The Expert must disclose to both Parties all information and documents received. If a Party fails to make a written submission, the Expert may continue with the process. The Expert may, if he or she thinks appropriate, call a conference of the Parties. Unless the Parties agree otherwise, the conference will be held in Melbourne, Australia. At least 5 Business Days before the conference, the Expert must notify the Parties of the date, venue and agenda for the conference. The Parties must appear at the conference and may make submissions on the subject matter of the conference. If a Party fails to appear at a conference of which that Party had been notified under section 4(b), the Expert and the other Party may nevertheless proceed with the conference and the absence of that Party will not terminate or discontinue the expert determination process. The Parties: may be accompanied at a conference by legal or other advisers; and will be bound by any procedural directions given by the Expert in relation to the expert determination process. The conference must be held in private. If required by any Party, transcripts of the conference proceedings must be taken and made available to the Expert and the Parties.
Written Submissions. 11. The complaining Party shall deliver its written submission no later than 20 days after the date of establishment of the panel. The Party complained against shall deliver its written submission no later than 20 days after the date of delivery of the written submission of the complaining Party.
Written Submissions. On a date set by the Arbitration Panel, but in no event more than 30 days after the depositions are complete, the Parties shall deliver to the Arbitration Panel and each other a written statement of their respective positions with respect to the dispute(s) at issue and their reasons in support thereof. Within 14 days thereafter, the Parties may submit to the Arbitration Panel and, if so, deliver to each other, a written response to the other Party’s statement. Unless requested by the Arbitration Panel, no hearing shall be required in connection with any arbitration, and the Arbitration Panel may elect to base his or her award on the written material submitted by the Parties; provided, however, that the Parties shall submit to hearings, and be prepared to present testimony, if so requested by the Arbitration Panel.
Written Submissions. Within five (5) business days after the chairperson of the License Term Panel is appointed, each Party shall submit to each member of the License Term Panel, and to the other Party, a written statement setting forth the relevant facts with respect to the Unresolved Terms, a single, complete proposed resolution of the Unresolved Terms (the “Proposal”) and arguments supporting such Party’s Proposal. The Proposal shall be limited to the Unresolved Terms and terms potentially inconsistent with or resulting in a breach of the SaSy Agreement only and shall not alter any of the other terms and conditions of the License Agreement (including, without limitation, those set forth in Exhibit A) except as such terms may be inconsistent with or resulting in a breach of the SaSy Agreement.
Written Submissions. 12. The USA filed its initial written submission on 25 October 2023 (“USA IWS”).
13. Mexico filed its initial written submission on 15 January 2024 (“MEX IWS”).
14. Canada filed its third Party written submission on 15 March 2024.
15. The USA filed its rebuttal submission on 2 April 2024 (“USA Rebuttal”).
16. Mexico filed its rebuttal submission on 28 May 2024 (“MEX Rebuttal”), accompanied by four expert reports.
17. The procedural deadlines in this case were calculated in light of the Rules of Procedure for Chapter 31 (Dispute Settlement) (the “RoP”), which regulate the suspension of certain time periods as necessary to complete required translations.9 The length of each submission and the extensive number of annexes filed in this case inevitably impacted the procedural timetable. Adjustments to procedural deadlines were discussed and agreed with the Parties, resulting in an agreed timetable issued on 11 April 2024, which contained “estimates” for the subsequent stages of the proceedings.
18. Both Parties presented confidential information in their submissions. The Panel endeavored to avoid referring to confidential information and requested the Parties to indicate if any parts of this Report should be marked as confidential.
Written Submissions. 9. The Parties’ main written submissions shall be published on the PCA website at the end of the hearing to which they relate, subject to any prior redactions of Protected Information in accordance with Section I below. In respect of the current Procedural Calendar, the main written submissions are listed in items 1, 7-8, 15-16, and will be published at the end of the hearing mentioned in item 19.
Written Submissions. 2.1 Within 7 days after the date this determination process begins, each Participant that wishes to be involved in the determination process must give the Expert a draft written submission setting out the Participant's position as to how the Deadlock should be determined. Two or more Participants may make a joint submission under this clause 2.1.
2.2 Within 14 days after the expiry of the 7 day period referred to in clause 2.1, the Expert must meet separately with each Participant which made a draft written submission to discuss the Participant's draft written submission and the Expert's preliminary view on the Participant's draft written submission.
2.3 If, within 7 of the last of the meetings referred to in clause 2.2, the Participants are able to reach unanimity in respect of the Deadlock, the determination process will terminate immediately.
Written Submissions. In any judicial proceeding in which the 8 confidential information may become part of a written submission to the Court, the 9 party making the submission will provide reasonable notice of the submission to the opposing counsel so that the parties may confer regarding removing the designation, redacting the document, or so that opposing counsel can seek, if necessary, an order 13 from the Court protecting the confidentiality of the document—including an order 14 that the document be redacted or filed under seal—subject to the Court’s review on 15 a document-by-document basis.