Dispute Settlement Understanding Sample Clauses

The Dispute Settlement Understanding (DSU) is a framework that outlines the procedures and rules for resolving disputes between parties, typically in the context of international agreements such as those under the World Trade Organization. It establishes a structured process involving consultations, panels, and possible appeals to address disagreements over the interpretation or application of agreements. By providing a clear and orderly mechanism for dispute resolution, the DSU helps prevent unilateral actions and ensures that conflicts are managed fairly and predictably.
Dispute Settlement Understanding. The term ‘‘Dispute Settlement Understand- ing’’ means the Understanding on Rules and Procedures Governing the Settlement of Dis- putes referred to in section 3511(d)(16) of this title.
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Dispute Settlement Understanding. The term ‘‘Dispute Settlement Under- standing’’ means the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in section 3511(d)(16) of this title.
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Dispute Settlement Understanding. The WTO’s dispute settlement system is currently under attack. Nonetheless, for the past several decades, it has been the international trade dis- pute mechanism of choice for resolving trade conflict. As of this writing, in the years since the establishment of the WTO in 1995, under the Dispute Settlement Understanding (DSU), 586 complaints have been filed, in addition to which there have been 242 panel rulings, 141 appellate rulings, and 51 arbitration rulings. By contrast, the hundreds of FTAs in existence have led to only a handful of complaints. The most active non-WTO dispute mechanism has been the NAFTA’s, but in 2000, the United States blocked the appointment of a panel, and no panels have been set up since then.2 When countries have complaints about trade barriers, they generally go to the WTO for resolution. One of the key reasons for the WTO dispute settlement system’s continued success is the existence of an independent Secretariat to manage the process. Two divisions of the WTO Secretariat provide primary assistance to the panels, and a separate Secretariat assists the Appellate Body, the standing group of seven appellate “judges” who hear appeals of panel reports. The role of the WTO staff is crucial in making sure panels are appointed when needed, as well as providing administrative and legal support in handling complex litigation. For FTA disputes, parties have to figure out the process from scratch each time. At the WTO, by contrast, an efficient and effective system is al- ready in place for every dispute that might arise. The DSU has been successful in part because it strikes a good balance between enforcement and flexibility. It strongly encourages compli- ance with panel and Appellate Body rulings, but it does not force governments to take actions that are politically infeasible. If a government is found to have violated WTO obligations, it can choose not to change its policies and instead accept retaliation from the complainant. In this way, the balance of commitments is maintained. Over the years, WTO panels and the Ap- pellate Body have applied these obligations in specific cases in a way that has provided a great deal more certainty about the boundaries. In cases where the tax or regulation explicitly treats foreign goods worse than similar do- mestic ones, the protectionism is obvious, but sometimes the discrimination is implicit. For example, a Chilean law that taxed liquor prod- ucts on the basis of alcohol content looked neutra...
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Related to Dispute Settlement Understanding

  • 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 ▇▇▇▇▇▇▇ 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 The objectives of this procedure is to promote the prompt resolution of grievances by consultation, co-operation and discussion; to reduce the level of disputation; and to promote efficiency, effectiveness and equity in the workplace. a) In relation to any matter that may be in dispute, except matters relating to the actual or threatened termination of your employment, the parties to the dispute must firstly attempt to resolve the dispute at the workplace level, by: i) you and your supervisor meeting and conferring on the matter; and if the matter is not resolved at such a meeting, the parties arranging further discussions involving more senior levels of management (as appropriate); and ii) acknowledging the right of either party to appoint, in writing, another person to act on their behalf in relation to resolving the matter at the workplace level; and iii) agreeing to allow either party to refer the matter to mediation or other alternative dispute resolution process to be conducted by a person agreed between the parties in dispute on the matter; iv) agreeing that if either party refers the matter to alternative dispute resolution both parties will participate in the alternative dispute resolution in good faith; and v) agreeing that during the time when the parties attempt to resolve the matter: - the parties continue to work in accordance with their contract of employment unless you have a reasonable concern about an imminent risk to your health or safety; and - subject to relevant provisions of any state or territory occupational health and safety law, you must not unreasonably fail to comply with a direction by us to perform work, whether at the same workplace or another workplace, that is safe and appropriate for you to perform; and - the parties must cooperate to ensure that the dispute resolution procedures are carried out as quickly as is reasonably possible. b) The parties to the dispute acknowledge that if we are unable to agree on the person to conduct the alternative dispute resolution process, either party can notify the Industrial Registrar. In this case, the Industrial Registrar will provide the parties with information about options to resolve the dispute.

  • Settlement of Disputes between an Investor and a Contracting Party (1) Any dispute between an investor of one Contracting Party and the other Contracting Party in relation to an investment of the former under this Agreement shall, as far as possible, be settled amicably through negotiations between the parties to the dispute. (2) Any such dispute which has not been amicably settled within a period of six months may, if both Parties agree, be submitted: (a) For resolution, in accordance with the law of the Contracting Party which has admitted the investment to that Contracting Party's competent judicial, arbitral or administrative bodies; or (b) To International conciliation under the Conciliation Rules of the United Nations Commission on International Trade Law. (3) Should the Parties fail to agree on a dispute settlement procedure provided under paragraph (2) of this Article or where a dispute is referred to conciliation but conciliation proceedings are terminated other than by signing of a settlement agreement, the dispute may be referred to Arbitration. The Arbitration procedure shall be as follows: (a) If the Contracting Party of the Investor and the other Contracting Party are both parties to the convention on the Settlement of Investment Disputes between States and nationals of other States, 1965 and the investor consents in writing to submit the dispute to the International Centre for the Settlement of Investment Disputes such a dispute shall be referred to the Centre; or (b) If both parties to the dispute so agree, under the Additional Facility for the Administration of Conciliation, Arbitration and Fact-Finding proceedings; or (c) To an ad hoc arbitral tribunal by either party to the dispute in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law, 1976, subject to the following modifications: The appointing authority under Article 7 of the Rules shall be the President, the Vice-President or the next senior Judge of the International Court of Justice, who is not a national of either Contracting Party. The third arbitrator shall not be a national of either Contracting party. The parties shall appoint their respective arbitrators within two months. The arbitral award shall be made in accordance with the provisions of this Agreement and shall be binding for the parties in dispute. The arbitral tribunal shall state the basis of its decision and give reasons upon the request of either party. (i) The appointing authority under Article 7 of the Rules shall be the President, the Vice-President or the next senior Judge of the International Court of Justice, who is not a national of either Contracting Party. The third arbitrator shall not be a national of either Contracting party. (ii) The parties shall appoint their respective arbitrators within two months. (iii) The arbitral award shall be made in accordance with the provisions of this Agreement and shall be binding for the parties in dispute. (iv) The arbitral tribunal shall state the basis of its decision and give reasons upon the request of either party.

  • 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.