Common use of Negotiation and Mediation Clause in Contracts

Negotiation and Mediation. 1. In the event that a dispute arises from the interpretation and application of this Agreement between Member States, or between a Member State and a COMESA investor, the party wishing to raise the dispute shall issue a notice of intention to initiate a claim under the dispute resolution process provided for under Articles 27 or 28 under this Agreement to the other potential disputing party ("notice of intention). 2. For the purposes of this Agreement, there shall be the minimum of a six-month cooling-off period between the date of a notice of intention under this Agreement ("the cooling off period), and the date a party may formally initiate a dispute under Articles 27 or 28. 3. The parties shall seek to resolve potential disputes through amicable means, both prior to and during the cooling-off period. 4. Where no alternative means of dispute settlement are agreed upon, a party shall seek the assistance of a mediator to resolve disputes during the cooling-off period required under this Agreement between the notice of intention and the initiation of dispute settlement proceedings under Articles 27 or 28. The potential disputants shall use a mediator from the list established by the COMESA Secretariat for this purpose, or another one of their joint choosing. Recourse to mediation does not alter the minimum cooling-off period. 5. If no mediator is chosen by the disputing parties prior to three months before the expiration of the cooling-off period, the President of the COMESA Court of Justice or his designate shall appoint a mediator from the COMESA Secretariats list who is not a national of the Member State of the COMESA investor or the Member State(s) party to the dispute. The appointment shall be binding on the disputing parties. 6. If the parties accept a mediation ruling, the ruling shall immediately be implemented thereafter.

Negotiation and Mediation. 1. In the event that a dispute arises from the interpretation and application of this Agreement between Member States, or between a Member State and a COMESA investor, the party wishing to raise the dispute shall issue a notice of intention to initiate a claim under the dispute resolution process provided for under Articles 27 or 28 under this Agreement to the other potential disputing party ("“notice of intention”). 2. For the purposes of this Agreement, there shall be the minimum of a six-month cooling-off period between the date of a notice of intention under this Agreement ("“the cooling off period”), and the date a party may formally initiate a dispute under Articles 27 or 28. 3. The parties shall seek to resolve potential disputes through amicable means, both prior to and during the cooling-off period. 4. Where no alternative means of dispute settlement are agreed upon, a party shall seek the assistance of a mediator to resolve disputes during the cooling-off period required under this Agreement between the notice of intention and the initiation of dispute settlement proceedings under Articles 27 or 28. The potential disputants shall use a mediator from the list established by the COMESA Secretariat for this purpose, or another one of their joint choosing. Recourse to mediation does not alter the minimum cooling-off period. 5. If no mediator is chosen by the disputing parties prior to three months before the expiration of the cooling-off period, the President of the COMESA Court of Justice or his designate shall appoint a mediator from the COMESA Secretariats Secretariat’s list who is not a national of the Member State of the COMESA investor or the Member State(s) party to the dispute. The appointment shall be binding on the disputing parties. 6. If the parties accept a mediation ruling, the ruling shall immediately be implemented thereafter.

Negotiation and Mediation. 1. In the event that a dispute arises from the interpretation and or application of this Agreement between Member States, or between a Member State and a COMESA investor, the party wishing to raise the dispute shall issue a notice of intention to initiate a claim under the dispute resolution process provided for under Articles 27 35 or 28 36 under this Agreement to the other potential disputing party ("“notice of intention”). 2. For the purposes of this Agreement, there shall be the minimum of a six-month cooling-off period between the date of a notice of intention under this Agreement ("“the cooling cooling-off period”), and the date a party may formally initiate a dispute under Articles 27 35 or 2836. 3. The parties shall seek to resolve potential disputes through amicable means, both prior to and during the cooling-off period. 4. Where no alternative amicable means of dispute settlement are agreed uponfail, a party the disputing parties shall seek the assistance of a mediator to resolve disputes during the cooling-off period required under this Agreement between the notice of intention and the initiation of dispute settlement proceedings under Articles 27 35 or 2836. The potential disputants shall use a mediator from the list established by the COMESA Secretariat for this purpose, or another one of their joint choosing. Recourse to mediation does not alter the minimum cooling-off period. 5. If no mediator is chosen by the disputing parties prior to three months before the expiration of the cooling-off period, the President of the COMESA Court of Justice or his his/her designate shall appoint a mediator from the COMESA Secretariats Secretariat’s list who is not a national of the Member State of the COMESA investor or the Member State(s) party to the dispute. The appointment shall be binding on the disputing parties. 6. If the parties accept a mediation ruling, the ruling shall immediately be implemented thereafter.