Common use of Relationship to Dispute Settlement Clause in Contracts

Relationship to Dispute Settlement. 1. The mediation procedure is not intended to serve as a basis for dispute settlement procedures under this Agreement or another agreement. A disputing party shall not rely on or introduce as evidence in such dispute settlement procedures, nor shall any adjudicatory body, tribunal or panel take into consideration: (a) positions taken by the other disputing party in the course of the mediation procedure; (b) the fact that the other disputing party has indicated its willingness to accept a solution to the measure subject to mediation; or (c) advice given or proposals made by the mediator. 2. The mediation mechanism is without prejudice to the legal positions of the Parties and the disputing parties under Chapter Three (Dispute Settlement) Section A (Resolution of Disputes between Investors and Parties) or Section B (Resolution of Disputes between Parties). 3. Without prejudice to paragraph 6 of Article 4 (Rules of the Mediation Procedure) of this Annex and unless the disputing parties agree otherwise, all steps of the procedure, including any advice or proposed solution, shall be confidential. However, any disputing party may disclose to the public that mediation is taking place.

Relationship to Dispute Settlement. 1. The procedure under this mediation procedure mechanism is not intended to serve as a basis for dispute settlement procedures under this Agreement or another agreement. A disputing party shall not rely on or introduce as evidence in such dispute settlement procedures, nor shall any adjudicatory body, tribunal or panel adjudicative body take into consideration: (a) positions taken by the other a disputing party in the course of the mediation procedure; (b) the fact that the other a disputing party has indicated its willingness to accept a solution to the measure subject to mediation; or (c) advice given or proposals made by the mediator. 2. The mediation mechanism is without prejudice to the legal positions rights and obligations of the Parties and the disputing parties under Chapter Three (Dispute Settlement) Section A C (Resolution of Investment Disputes between Investors and PartiesInvestment Court System) or Section B and Chapter YY (Resolution of Disputes between PartiesState to State Dispute Settlement)]. 3. Without prejudice to paragraph 6 of Article 4 (Rules of the Mediation Procedure) of this Annex and unless Unless the disputing parties agree otherwise, and without prejudice to Article 2.22 (6) (Consultations), all steps of the procedure, including any advice or proposed solution, shall be confidential. However, any disputing party may disclose to the public that mediation is taking place.

Relationship to Dispute Settlement. 1. The mediation procedure is not intended to serve as a basis for dispute settlement procedures under this Agreement or another any other agreement. A disputing party shall not rely on or introduce as evidence in such dispute settlement procedures, nor shall any adjudicatory body, tribunal or panel take into consideration: (a) positions taken by the other a disputing party in the course of the mediation procedure; (b) the fact that the other a disputing party has indicated its willingness to accept a solution to the measure subject to mediation; or (c) advice given or proposals made by the mediator. 2. The mediation mechanism is without prejudice to the legal positions of the Parties and the disputing parties under Chapter Three (Dispute Settlement) Section A (Resolution of Disputes between Investors and Parties) or Section B (Resolution of Disputes between Parties). 3. Without prejudice to paragraph 6 of Article 4 (Rules of the Mediation Procedure) of this Annex Annex, and unless the disputing parties agree otherwise, all steps of the mediation procedure, including any advice that may be given or proposed solutionsolution that may be proposed, shall be are confidential. However, any either disputing party may disclose to the public the fact that mediation is taking place.