Common use of Procedural Guarantees Clause in Contracts

Procedural Guarantees. 1. Each Party shall ensure that its administrative, quasi-judicial and judicial proceedings referred to in Article 8(2) are fair, equitable and transparent and to this end shall provide that such proceedings: (a) are conducted by impartial and independent persons who do not have an interest in the outcome of the matter, that the Parties to the proceedings are entitled to support or defend their respective positions and to present information or evidence, and that the decision is based on this information or evidence; (b) are open to the public, except where the administration of justice otherwise requires; (c) entitle the parties to the proceedings to support or defend their respective positions and to present information or evidence; and (d) are not unnecessarily complicated and do not entail unreasonable fees or time limits or unwarranted delays. 2. Each Party shall provide that final decisions on the merits of the case in these proceedings are: (a) in writing and preferably state the reasons on which the decisions are based; (b) made available without undue delay to the parties to the proceedings and, in accordance with its domestic law, to the public; and (c) based on information or evidence presented by the parties. 3. Each Party shall also provide, as appropriate, that parties to such proceedings have the right, in accordance with its domestic law, to seek review and, where warranted, correction or redetermination, of final decisions in such proceedings. 4. Each Party shall ensure that tribunals that conduct or review such proceedings are impartial and independent, and do not have any substantial interest in the outcome of the matter.

Procedural Guarantees. 1. Each Party shall ensure that that: • its administrative, quasi-judicial and judicial tribunal proceedings referred to in Article 8(2) for the enforcement of its labour law are fair, equitable and transparent transparent; and to this end shall provide • the tribunals that conduct or review such proceedings: (a) proceedings are conducted by impartial and independent persons who and do not have an any substantial interest in the outcome of the matter. 2. Furthermore, that each Party shall provide that: 1. administrative, quasi-judicial and judicial tribunal proceedings for the Parties enforcement of its labour law comply with due process of law; 2. any hearings in such proceedings are open to the public, except where the administration of justice otherwise requires; 3. the parties to such proceedings are entitled to support or defend their respective positions and to present information or evidence, and that the decision is based on this information or evidence; (b) are open to the public, except where the administration of justice otherwise requires; (c) entitle the parties to the 4. such proceedings to support or defend their respective positions and to present information or evidence; and (d) are not unnecessarily complicated and do not entail unreasonable fees or are handled in a timely manner; 5. time limits or unwarranted delays.for and, if applicable, any charges related to such proceedings are reasonable; 26. Each Party shall provide that the parties to such proceedings may seek remedies to enforce their labour rights; 7. final decisions on the merits of the case in these such proceedings are: (a) 1. in writing and preferably state the reasons on which the decisions are based; (b) 2. made available without undue delay to the parties to the proceedings in a timely manner and, in accordance consistent with its domestic applicable law, to the public; and (c) 3. based on information or evidence presented by in respect of which the parties.parties were offered the opportunity to be heard; and 38. Each Party shall also provide, as appropriate, that parties to such proceedings have the right, as appropriate and in accordance with its domestic applicable law, to seek review and, where warranted, correction or redetermination, of final decisions issued in such proceedings. 4. Each Party shall ensure that tribunals that conduct or review such proceedings are impartial and independent, and do not have any substantial interest in the outcome of the matter.