Common use of Rules of the Mediation Procedure Clause in Contracts

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 date of that agreement; (c) by the written declaration of the mediator, after having consulted with the Parties, that further efforts at mediation would be to no avail, in which case the mediation procedure shall terminate on the date of such declaration; or (d) by the written declaration of either Party, after having explored mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, in which case the mediation procedure shall terminate on the date of that declaration.

Rules of the Mediation Procedure. 1. Within ten In the initial stage of the procedure, within 10 days of the appointment of the mediator, the Party having invoked launched the mediation procedure shall present present, in writing, a detailed description of the problem to the mediator and to the other Party a detailed written description of the problemParty, describing in particular of the operation of the measure at issue and its adverse effects on investmenttrade effects. Within 20 days of the date of delivery of that this submission, the other Party may provide provide, in writing, its written comments on to the description of the problem. Either Party may include in its description or comments any information that it deems relevant in its description of the problem or its comments thereonrelevant. 2. The mediator may decide on the most appropriate way of bringing clarity conducting the initial stage, in particular whether 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 Following the initial stage, the mediator may offer advice provide an advisory opinion 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’ consideration. HoweverIn any such opinion, the mediator shall not advise or give comments on consider whether the measure at issue is consistent or not with this Agreement; nor shall the mediator question the legitimacy of the policy objectives of the measure. The mediator may meet individually or jointly with the Parties in order to facilitate a mutually agreed solution. This stage of the procedure shall normally be completed within 60 days of the date of the appointment of the mediator. 4. The mediation procedure shall be confidential and shall take place in the territory of the Party to which the request was addressed oraddressed, or by a mutual agreement, at 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. 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:: 2 For example, in cases concerning standards and technical requirements, the mediator should have expertise in the area of relevant international standard setting bodies. (a) by the adoption signature of a mutually agreed solution settlement agreement by the Parties, in which case the mediation procedure shall terminate on the date of adoptionthat signature; (b) by the a mutual agreement of the Parties at any stage of the mediation procedure, in which case the mediation procedure shall terminate on the date of that agreement; (c) by the a written declaration of the mediator, after having consulted consultation with the Parties, that further efforts at mediation would be to are no avail, in which case the mediation procedure shall terminate on the date of such declarationlonger justified; or (d) by the a written declaration of either Party, a Party after having explored exploring mutually agreed solutions under the mediation procedure and after having considered any advice advisory opinions and proposed solutions proposals by the mediator, in which case the mediation procedure shall terminate on the date of that declaration.