Common use of Procedural Guarantees Clause in Contracts

Procedural Guarantees. 1. Each Party shall ensure that proceedings referred to in Article 3.1(b), 3.1(e) and Article 4 are fair, equitable and transparent and to this end that: (a) proceedings are conducted by decision-makers who 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, with the decision based on such information or evidence and final decisions on the merits of the case in writing; (c) the proceedings are open to the public, except where the law and the administration of justice otherwise requires; and (d) 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 legislation, to seek review and correction of final decisions issued in such proceedings. 3. A Party should implement the above obligations in a manner consistent with its multilateral commitments, and is not required to conform to the above obligations if to do so would result in conflict with its obligations under a multilateral treaty that provides equivalent or greater procedural guarantees.

Procedural Guarantees. 1. Each Party shall ensure that proceedings referred to in subparagraphs 1 (b) and (e) of Article 3.1(b), 3.1(e) 3 and Article 4 are fair, equitable and transparent and to this end that: (a) proceedings are conducted by decision-makers who 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, with the decision based on such information or evidence and final decisions on the merits of the case in writing; (c) the proceedings are open to the public, except where the law and the administration of justice otherwise requires; and (d) 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 legislation, to seek review and correction of final decisions issued in such proceedings. 3. A Party should implement the above obligations in a manner consistent with its multilateral commitments, and is not required to conform to the above obligations if to do so would result in conflict with its obligations under a multilateral treaty that provides equivalent or greater procedural guarantees.