Rules of the Mediation Procedure Clause Samples
Rules of the Mediation Procedure. 1. Within 10 days of the appointment of the mediator, the Party which invoked the mediation procedure shall deliver to the mediator and the other Party a detailed written description of its concerns, in particular the operation of the measure at issue and the legal basis for the complaint.
2. Within 20 days of the delivery of this description, the other Party may provide written comments. Either Party may include any information that it deems relevant in its description or comments.
3. The mediator shall assist the Parties to the mediation in an impartial and transparent manner in bringing clarity to the measure or any other matter described in Article 14.3 (Scope) and in reaching a mutually agreed solution. In particular, the mediator may organise meetings between the Parties to the mediation, consult them jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties to the mediation. The mediator shall consult with the Parties to the mediation before seeking the assistance of, or consulting with, relevant experts and stakeholders.
4. The mediator may offer advice and propose a solution for the consideration of the Parties to the mediation. The Parties to the mediation may accept or reject the proposed solution, or agree on a different solution. The mediator shall not advise or comment on the consistency of the measure at issue with this Agreement.
5. The mediation procedure shall take place in the capital of the Party to which the request for mediation referred to in Article 14B.2 was addressed, or by mutual agreement in any other location or by any other means.
6. The Parties to the mediation shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties to the mediation may consider possible interim solutions, particularly if the measure relates to perishable goods, or seasonal goods or services that rapidly lose their trade value.
7. Upon request of either Party to the mediation, the mediator shall issue to the Parties a draft written factual report, providing:
(a) a brief summary of the measure at issue in the mediation procedure;
(b) the procedures followed; and
(c) any mutually agreed solution reached as the outcome of the mediation procedure, including possible interim solutions.
8. The mediator shall allow the Parties to the mediation 15 days to comment on the draft factua...
Rules of the Mediation Procedure. 1. Within ten days after the appointment of the mediator, the disputing party having invoked the mediation procedure shall present, in writing, a detailed description of the problem to the mediator and to the other disputing party, in particular of the operation of the measure at issue and its adverse effects on investment. Within twenty days after the date of delivery of this submission, the other disputing party may provide, in writing, its comments to the description of the problem. Either disputing party may include in its description or comments any information that it deems relevant.
2. The mediator may decide on the most appropriate way of bringing clarity to the measure concerned, and its possible adverse effects on investment. In particular, the mediator may organise meetings between the disputing parties, consult the disputing parties jointly or individually, seek the assistance of or consult with relevant experts and stakeholders and provide any additional support requested by the disputing parties. However, before seeking the assistance of or consulting with relevant experts and stakeholders, the mediator shall consult with the disputing parties.
3. The mediator may offer advice and propose a solution for consideration of the disputing parties who may accept or reject the proposed solution or may agree on a different solution. However, the mediator shall not advise or give comments on the consistency of the measure at issue with Chapter Two (Investment Protection).
4. The procedure shall take place in the territory of the disputing party to which the request was addressed or by mutual agreement, in any other location or by any other means.
5. The disputing parties shall endeavour to reach a mutually agreed solution within sixty days from the appointment of the mediator. Pending a final agreement, the disputing parties may consider possible interim solutions.
6. Mutually agreed solutions shall be made publicly available. However, the version disclosed to the public may not contain any information that a disputing party has designated as confidential.
7. The procedure shall be terminated:
(a) by the adoption of a mutually agreed solution by the disputing parties, on the date of adoption;
(b) by a mutual agreement of the disputing parties at any stage of the procedure, on the date of that agreement;
(c) by a written declaration of the mediator, after consultation with the disputing parties, that further efforts at mediation would be to no avail, o...
Rules of the Mediation Procedure. 1. Within 10 days of the date of appointment of the mediator, the Party having invoked the mediation procedure shall present, in writing, a detailed description of the problem to the mediator and to the other Party, in particular of the operation of the measure at issue and its trade effects. Within 20 days of the date of delivery of that description, the other Party may provide, in writing, its comments to the description of the problem. Either Party may include in its description or comments any information that it deems relevant. 2. The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible trade effects. In particular, the mediator may organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties. Before seeking the assistance of, or consulting with, relevant experts and stakeholders, the mediator shall consult with the Parties.
Rules of the Mediation Procedure. 1. The disputing parties shall endeavour to reach a mutually agreed solution within 90 days from the appointment of the mediator. Pending a final agreement, the disputing parties may consider possible interim solutions.
Rules of the Mediation Procedure. 1. Within 10 days of the appointment of the mediator, the Party which invoked the mediation procedure shall deliver a detailed, written description of its concerns to the mediator and to the other Party, in particular of the operation of the measure at issue and its effects on trade. Within 20 days of the receipt of this description, the other Party may deliver written comments on the description. Either Party may include any information that it deems relevant in its description or comments.
2. The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible effects on trade. In particular, the mediator may organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support
Rules of the Mediation Procedure. 1. Within ten days of the appointment of the mediator, the Party having invoked the mediation procedure shall present to the mediator and to the other Party a detailed written description of the problem, describing in particular the operation of the measure at issue and its adverse effects on investment. Within 20 days of the date of delivery of that submission, the other Party may provide its written comments on the description of the problem. Either Party may include any information that it deems relevant in its description of the problem or its comments thereon.
2. The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible adverse effects on investment. In particular, the mediator may organise meetings between the Parties, may consult the Parties jointly or individually, may seek the assistance of or consult with relevant experts and stakeholders and may provide any additional support requested by the Parties. However, before seeking the assistance of or consulting with relevant experts and stakeholders, the mediator shall consult with the Parties.
3. The mediator may offer advice and may propose a solution for the consideration of the Parties, who may accept or reject the proposed solution or may agree on a different solution. However, the mediator shall not advise or give comments on whether the measure at issue is consistent with this Agreement.
4. The mediation procedure shall take place in the territory of the Party to which the request was addressed or, by mutual agreement, at any other location or by any other means.
5. The Parties shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions.
6. The solution may be adopted by means of a decision of the Committee. Either Party may make such solution subject to the completion of any necessary internal procedures. Mutually agreed solutions shall be made publicly available. However, the version disclosed to the public may not contain any information that a Party has designated as confidential.
7. The mediation procedure shall be terminated:
(a) by the adoption of a mutually agreed solution by the Parties, in which case the mediation procedure shall terminate on the date of adoption;
(b) by the mutual agreement of the Parties at any stage of the mediation procedure, in which case the mediation procedure shall terminate on the da...
Rules of the Mediation Procedure. 1. Within 10 days of the appointment of the mediator, the Party which invoked the mediation procedure shall deliver to the mediator and to the other Party a detailed written description of its concerns, in particular of the operation of the measure at issue and its possible adverse effects on trade or investment. Within 20 days of the receipt of this description, the other Party may deliver written comments on this description. Either Party may include any information that it deems relevant in its description or comments.
2. The mediator shall assist the Parties in a transparent manner in bringing clarity to the measure concerned and its possible adverse effects on trade or investment. In particular, the mediator may organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties. The mediator shall consult with the Parties before seeking the assistance of, or consulting with, relevant experts and stakeholders.
3. The mediator may offer advice and propose a solution for the consideration of the Parties. The Parties may accept or reject the proposed solution, or agree on a different solution. The mediator shall not advise or comment on the consistency of the measure at issue with this Agreement.
4. The mediation procedure shall take place in the territory of the Party to which the request was addressed, or by mutual agreement in any other location or by any other means.
5. The Parties shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions, particularly if the measure relates to perishable goods or seasonal goods or services.
6. Upon request of either Party, the mediator shall deliver a draft factual report to the Parties, providing:
(a) a brief summary of the measure at issue;
(b) the procedures followed; and
(c) if applicable, any mutually agreed solution reached, including possible interim solutions.
7. The mediator shall allow the Parties 15 days to comment on the draft report. After considering the comments of the Parties received, the mediator shall, within 15 days, deliver a final factual report to the Parties. The factual report shall not include any interpretation of this Agreement.
8. The procedure shall be terminated:
(a) by the adoption of a mutually agreed solution by ...
Rules of the Mediation Procedure. Within 10 days after the date on which the mediator was agreed upon pursuant to Article 236(1) or selected pursuant to Article 236(2) or (3), the Party which initiated the mediation procedure shall deliver to the mediator and to the other Party a detailed written description of its concerns, in particular as regards the operation of the measure at issue and its possible adverse effects on trade or investment between the Parties. The other Party may provide written comments on that description within 20 days after the date of delivery thereof. Either Party may include any information that it deems relevant in its description or comments.
Rules of the Mediation Procedure. 1. Within 10 days of the date of appointment of the mediator, the Party having invoked the mediation procedure shall present, in writing, a detailed description of the problem to the mediator and to the other Party, in particular of the operation of the measure at issue and its trade effects. Within 20 days of the date of delivery of that description, the other Party may provide, in writing, its comments to the description of the problem. Either Party may include in its description or comments any information that it deems relevant.
2. The mediator may decide on the most appropriate way of bringing clarity to the measure concerned and its possible trade effects. In particular, the mediator may organise meetings between the Parties, consult the Parties jointly or individually, seek the assistance of, or consult with, relevant experts and stakeholders and provide any additional support requested by the Parties. Before seeking the assistance of, or consulting with, relevant experts and stakeholders, the mediator shall consult with the Parties.
3. The mediator may offer advice and propose a solution for the consideration of the Parties which may accept or reject the proposed solution or may agree on a different solution. The mediator shall not advise or give comments on the consistency of the measure at issue.
4. The mediation procedure shall take place in the territory of the Party to which the request was addressed or, by mutual agreement, in any other location or by any other means.
5. The Parties shall endeavour to reach a mutually agreed solution within 60 days of the appointment of the mediator. Pending a final agreement, the Parties may consider possible interim solutions, especially if the measure relates to perishable goods.
Rules of the Mediation Procedure. 1. In the initial stage of the procedure, within 15 days after the appointment of the mediator, the Party invoking the mediation procedure shall present, in writing, a detailed description of the problem to the mediator and to the other Party, in particular of the operation of the measure at issue and its trade effects . Within 10 days after the date of delivery of the submission, the other Party may provide, in writing, its comments to the description of the problem. Either Party may include in its description or comments any information that it deems relevant.
2. The mediator may decide on the most appropriate way of conducting the initial stage, in particular whether to consult the Parties jointly or individually, seek the assistance of or consult with relevant experts and stakeholders of the Parties participating in the mediation.
1 For example, in cases concerning standards and technical requirements, the mediator should have a background in relevant international standard setting bodies.
3. Following the initial stage, the mediator may provide an advisory opinion and propose a solution for consideration of the Parties. Any such opinion shall not pertain to the consistency of the measure at issue with this Agreement. The mediator may meet the Parties participating in the mediation individually or jointly in order to facilitate a mutually agreed solution.
4. The procedure shall be confidential and shall take place in the territory of the Party to which the request was addressed, or by mutual agreement of the Parties participating in the mediation in any other location or by any other means.
5. The procedure shall normally be completed within 60 days following the date of the appointment of the mediator. At any stage of the procedure, the Parties to the mediation may discontinue the procedure by mutual agreement.