Common use of MUTUAL AGREEMENT PROCEDURES Clause in Contracts

MUTUAL AGREEMENT PROCEDURES. 1. Where an enterprise considers that, in any case to which this Agreement applies, the principles set out in Article 4 have not been observed, it may, irrespective of the remedies provided by the domestic law of the Party concerned, present its case to the competent authority of the Party of which it is an enterprise. The case must be presented within three years of the first notification of the action which is contrary or is likely to be contrary to the principles set out in Article 4. The competent authority shall then without delay notify the competent authority of the other Party.

MUTUAL AGREEMENT PROCEDURES. 1. Where an enterprise considers that, in any case to which this Agreement applies, the principles set out in Article 4 3 have not been observed, it may, irrespective of the remedies provided by the domestic law of the Party concerned, present its case to the competent authority of the Party of which it is an enterprisea resident. The case must be presented within three years of from the first notification of the action which is contrary or is likely to be contrary to the principles set out in Article 43. The competent authority shall then without delay notify the competent authority of the other Party.