Common use of Procedural Guarantees Clause in Contracts

Procedural Guarantees. 1. Each Party shall ensure that proceedings referred to in subparagraphs (1)(b) and (f) of Article 3 and Article 4 are fair, equitable and transparent and respect due process of law, and to this end shall provide that: (a) persons who conduct such proceedings are impartial and independent and do not have an interest in the outcome of the matter; (b) the parties to the proceedings are entitled to support or defend their respective positions and to present information or evidence; (c) the decision be based on such information or evidence and final decisions on the merits of the case be in writing; (d) the proceedings are open to the public, except where its domestic legislation and the administration of justice otherwise requires; and (e) the proceedings do not entail unreasonable fees or delays, and the time limits do not impede exercise of the rights. 2. Each Party shall provide that parties to such proceedings have the right, pursuant to its domestic legislation, to seek review and correction of final decisions issued in such proceedings.

Procedural Guarantees. 1. Each Party shall ensure that proceedings referred to in subparagraphs 1 (1)(bb) and (f) of Article Articles 3 and Article 4 are fair, equitable and transparent and respect due process of law, and to this end shall provide that: (a) persons who conduct such proceedings are impartial and independent and do not have an interest in the outcome of the matter; (b) the parties to the proceedings are entitled to support or defend their respective positions and to present information or evidence; (c) the decision be is based on such information or evidence and final decisions on the merits of the case be are in writing; (d) the proceedings are open to the public, except where its domestic legislation the law and the administration of justice otherwise requires; and (e) the proceedings are free and expeditious or at least do not entail unreasonable fees or delays, and the time limits do not impede exercise of the rights. 2. Each Party shall provide that parties to such proceedings have the right, pursuant to its domestic legislation, to seek review and correction of final decisions issued in such proceedings.