Resolution of Difficulties Clause Samples

Resolution of Difficulties. 1. Disagreements arising in connection with the application of this Agreement shall, as far as possible, be resolved by mutual agreement between the competent authorities of the Parties. 2. If any such disagreement has not been resolved within a period of six months, either Party may submit the matter to binding arbitration by an arbitral body whose composition and procedure shall be agreed upon by the Parties. 3. Paragraph 2 does not apply in relation to the application of Part II of this Agreement.

Resolution of Difficulties. 1. The Competent Authorities of the Contracting States shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles. 2. If a solution cannot be found in this way, the matter in dispute shall be referred to arbitration which shall settle it within the meaning and spirit of this Agreement. The Contracting States shall provide for the composition and procedure of that arbitration by mutual agreement. 3. Paragraph 2 does not apply in relation to the application of Part II of this Agreement.

Resolution of Difficulties. 1. The Competent Authorities of the Parties shall resolve, to the extent possible, any difficulties which may arise in interpreting or applying this Agreement according to its spirit and fundamental principles. 2. The Parties shall consult promptly at the request of either Party concerning matters which have been resolved by the Competent Authorities in accordance with paragraph 1. 3. Any dispute between the Parties concerning the interpretation of this Agreement which has not been resolved or settled by consultation in accordance with paragraph 1 or 2 shall, at the request of either Party, be submitted to arbitration. 4. Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of three arbitrators, of whom each Party shall appoint one and the two arbitrators so appointed shall appoint a third who shall act as President; provided that if the two arbitrators fail to agree, the President of the International Court of Justice shall be requested to appoint the President. 5. The arbitrators shall determine their own procedures. 6. The decision of the arbitrators shall be final and binding. 7. Unless the Parties otherwise agree, the place of arbitration shall be in the territory of the Party which did not raise the matter in dispute.

Resolution of Difficulties. The tax authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of this Agreement. When it seems advisable in order to reach agreement to have an oral exchange of opinions, such exchange may take place directly between representatives of the tax authorities of the Contracting States.

Resolution of Difficulties. 1. The competent authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting this Agreement according to its spirit and fundamental principles. 2. The Parties shall consult promptly at the request of either Party concerning difficulties which have not been resolved by the competent authorities in accordance with paragraph 1. 3. If the difficulty has not been resolved within 6 months following the consultation prescribed in paragraph 2, it may be submitted at the request of one or both Parties to an arbitration commission. . Unless the Parties mutually determine otherwise, the Commission shall consist of 3 arbitrators of whom each Party shall appoint one and the two arbitrators so appointed shall appoint a third who shall act as President; provided that if any Party fails to appoint an arbitrator within 30 days from the date on which one or both Parties has requested the difficulty be submitted to an arbitration commission, or in the event of a disagreement over the appointment of the President of such commission, the President of the International Court of Justice shall be requested by one or both Parties to appoint the arbitrator or as the case may be, the President of the arbitration commission.

Resolution of Difficulties. AIT and TECRO shall consult, upon request of either Party, regarding any matter related to the terms of this Agreement, and shall endeavor jointly, in a spirit of cooperation and mutual trust, to resolve any difficulties or misunderstandings that may arise. Date Date 駐美台北經濟文化代表處及美國在台協會淨煤及先進發電系統技術合作協定 本協定提供予一定之架構使得美國在台協會(AIT)得透過其指定之代表，即美國能源部煤炭及發電系統化石能源辦公室(DOE)以基於有償之基礎提供技術專業、訓練及科學交流活動予駐美台北經濟文化代表處 (TECRO)指定之代表，即經濟部能源委員會(MOEAEC)。 本協定係根據西元一九七九年四月十日台灣關係法Public Law 96-8(22 USC 3301 et seq.)而訂定。 本協定主要的目標係建立一定之架構使得 AIT，得透過其指定之代表，即 DOE 與 TECRO 所指定之代表即 MOEAEC 進行有償之技術合作。此一技術合作之目標係： 1. 於台灣從事有關加強改進先進發電系統及相關科技利用之知識及能力之合作活動。 2. 為台灣提供計劃及實施淨煤及先進發電系統之技術協助。 3. 提供教育訓練予 TECRO 所指定之代表，即 ▇▇▇▇▇▇ 所指定之台灣參加者。 4. 提供有關如何架構及財務誘因方案於改良之先進發電系統科技。 5. 促進有關科學與技術交流方案。 6. 提供有關研究發展及技術移轉管理之訓練予台灣相關之組織。 本協定所為之合作活動係經由 AIT 其所指定代表DOE 及TECRO 及其指定代表 MOEAEC 磋商後決定。合作活動包括但不限於下述項目： 1. 共同研究方案之進行。 2. 系統規格及收購計劃之發展。 3. 資訊交流。

Resolution of Difficulties. 1. The competent authorities of the Parties shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to its spirit and fundamental principles. 2. The Parties shall consult promptly at the request of either Party concerning matters which have not been resolved by the competent authorities in accordance with paragraph 1. 3. Any dispute between the Parties concerning the interpretation of this Agreement which has not been resolved or settled by consultation in accordance with paragraph 1 or 2 shall, at the request of either Party, be submitted to arbitration by an arbitral tribunal. 4. Unless the Parties mutually determine otherwise, the arbitral tribunal shall consist of three arbitrators, of whom each Party shall appoint one and the two arbitrators so appointed shall appoint a third who shall act as president; provided that if either Party fails to appoint its arbitrator or if the two arbitrators fail to agree, the competent authority of the other Party shall invite the President of the International Court of Justice to appoint the arbitrator of the first Party or the two appointed arbitrators shall invite the President of the International Court of Justice to appoint the president of the arbitral tribunal. 5. If the President of the International Court of Justice is a citizen of either Party, the function of appointment shall be transferred to the Vice- president or the next most senior member of the Court who is not a citizen of either Party. 6. The arbitral tribunal shall determine its own procedures, but it shall reach its decisions by a majority of votes. 7. The decision of the arbitral tribunal shall be final and binding.

Resolution of Difficulties o Paragraph 1: The Competent Authority shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of this Agreement. In order to reach agreement an oral exchange of opinions can take place directly between representatives of the tax authorities of the Contracting States.

Resolution of Difficulties. 1. The competent authorities and the competent institutions of the Contracting States shall resolve, to the extent possible, any difficulties which arise in interpreting or applying this Agreement according to fundamental principles and to the spirit of this Agreement. 2. The Contracting States shall consult promptly at the request of either Contracting State concerning matters which have not been resolved by the competent authorities or the competent institutions in accordance with paragraph 1. 3. Any dispute between the Contracting States concerning the interpretation of this Agreement which has not been resolved or settled by consultation in accordance with paragraph 1 or 2 shall, at the request of either Contracting State, be submitted to arbitration by an arbitral tribunal. 4. The decision of the arbitral tribunal shall be final and binding.