Common use of Rules of the Mediation Procedure Clause in Contracts

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, on the date of that declaration; (d) by a written declaration of a disputing party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.

Rules of the Mediation Procedure. 1. Within ten 10 working 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 20 working 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 the consideration of the disputing parties who which 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)this Agreement. 4. The procedure shall take place in the territory of the disputing party to which the request was addressed Party concerned, or by mutual agreement, agreement in any other location or by any other means. 5. The disputing parties shall endeavour to reach a mutually agreed solution within sixty 60 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, on the date of that declaration; (dc) by a written declaration notice of a disputing party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declarationparty.

Rules of the Mediation Procedure. 1. Within ten days after of the appointment of the mediator, the disputing party having Party which invoked the mediation procedure shall presentdeliver a detailed, in writing, a detailed written description of the problem its concerns to the mediator and to the other disputing partyParty, in particular of the operation of the measure at issue and its adverse effects on investmenttrade. Within twenty 20 days after of the date of delivery receipt of this submissiondescription, the other disputing party Party may provide, in writing, its deliver written comments to on the description of the problemdescription. Either disputing party Party may include in its description or comments any information that it deems relevantrelevant in its description or comments. 2. The mediator may decide on the most appropriate way of bringing clarity to the measure concerned, concerned and its possible adverse effects on investmenttrade. In particular, the mediator may organise meetings between the disputing partiesParties, consult the disputing parties Parties jointly or individually, seek the assistance of of, or consult with with, relevant experts and stakeholders and provide any additional support requested by the disputing partiesParties. However, before seeking the assistance of or consulting with relevant experts and stakeholders, the The mediator shall consult with the disputing partiesParties before seeking the assistance of, or consulting with, relevant experts and stakeholders. 3. The mediator shall not advise or comment on the consistency of the measure at issue with this Agreement. The mediator may offer advice and propose a solution for the consideration of the disputing parties who Parties. The Parties may accept or reject the proposed solution 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 mediation procedure shall take place in the territory of the disputing party Party to which the request was addressed addressed, or by mutual agreement, agreement in any other location or by any other means. 5. The disputing parties Parties shall endeavour to reach a mutually agreed solution within sixty 60 days from of the appointment of the mediator. Pending a final agreement, the disputing parties Parties may consider possible interim solutions. 6. The mutually agreed solution or the interim solution may be adopted by means of a decision of the Cooperation Committee. Mutually agreed solutions shall be made publicly available. However, the The version disclosed to the public may shall not contain any information that a disputing party Party has designated as confidential. 7. On request of the Parties, the mediator shall deliver a draft factual report to the Parties, providing a brief summary of: (i) the measure at issue; (ii) the procedures followed; and (iii) any mutually agreed solution reached, including possible interim solutions. The mediator shall allow the Parties 15 days to comment on the draft report. After considering the comments of the Parties received within that period, 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 terminatedterminated by: (a) by the adoption of a mutually agreed solution by the disputing partiesParties, on the date of adoptionthe adoption thereof; (b) by a mutual agreement of the disputing parties 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 partiesParties, that further efforts at mediation would be to no avail, on the date of that declaration;; or (d) by a written declaration of a disputing party Party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.

Rules of the Mediation Procedure. 1. Within ten days after of the appointment of the mediator, the disputing party having invoked the mediation procedure shall present, in writing, present a detailed written description of the problem to the mediator and to the other disputing party, describing in particular of the operation of the measure at issue and its adverse effects on investment. Within twenty 20 days after of the date of delivery of this that submission, the other disputing party may provide, in writing, provide its written comments to on the description of the problem. Either disputing party may include in its description or comments any information that it deems relevantrelevant 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, concerned and its possible adverse effects on investment. In particular, the mediator may organise meetings between the disputing parties, may consult the disputing parties jointly or individually, may seek the assistance of or consult with relevant experts and stakeholders stakeholders, and may 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 may propose a solution for the consideration of the disputing parties 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 whether the measure at issue is consistent with Chapter Two (Investment Protection). 4. The mediation procedure shall take place in the territory of the disputing party to which the request was addressed addressed, or by mutual agreement, in at any other location or by any other means. 5. The disputing parties shall endeavour to reach a mutually agreed solution within sixty 60 days from of 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 mediation procedure shall be terminated: (a) by the adoption of a mutually agreed solution by the disputing parties, in which case the mediation procedure shall terminate on the date of adoption; (b) by a the mutual agreement of the disputing parties at any stage of the mediation procedure, in which case the mediation procedure shall terminate on the date of that agreement; (c) by a the written declaration of the mediator, after consultation having consulted with the disputing parties, that further efforts at mediation would be to no avail, in which case the mediation procedure shall terminate on the date of that such declaration; (d) by a written declaration of a disputing party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.; or

Rules of the Mediation Procedure. 1. Within ten days after As soon as practicable following the appointment mediator's designation, the mediator shall discuss with the disputing parties, whether in person, by telephone or by any other means of communication: (a) the conduct of the mediation, in particular any outstanding procedural issues such as the languages and location of the mediation sessions; (b) a provisional timetable for the conduct of the mediation; (c) any legal disclosure obligation that may be relevant to the conduct of the mediation; (d) whether the disputing parties wish to agree in writing not to commence or not to continue any other dispute settlement proceedings relating to the differences or disputes that are subject of the mediation while mediation is pending; (e) whether special arrangements for the approval of a settlement agreement need to be made; and (f) the financial arrangements, such as the calculation and payment of the mediator, the disputing party having invoked the mediation procedure shall present, 's fees and expenses 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 accordance with Article 8 (Costs) 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 relevantAnnex. 2. The mediator may decide on the most appropriate way of bringing clarity to the measure concerned, and its possible adverse effects on investmentat issue. In particular, the mediator may organise meetings between the disputing parties, consult the disputing parties jointly or individually, seek the assistance of of, or consult with 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 to, and propose a solution for the consideration of of, the disputing parties who which 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)this Agreement. 4. The procedure shall take place in the territory of the disputing party to which the request was addressed or Party concerned or, by mutual agreement, in any other location or by any other means. 5. The Subject to subparagraph 1(b), the disputing parties shall endeavour to reach a mutually agreed solution within sixty 60 days from the appointment of the mediator. Pending a final agreement, the disputing parties may consider possible interim solutions. 6. Mutually Either the Union, a Member State of the Union or Viet Nam, when acting as a party to a mediation procedure, may make publicly available mutually agreed solutions shall be made publicly available. Howeversolutions, the version disclosed subject to the public may not contain redaction of any information that a disputing party has designated as confidentialconfidential or protected. 7. The procedure shall be terminatedterminated by: (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, on the date of that declaration;; or (dc) by a written declaration notice of a disputing party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declarationparty.

Rules of the Mediation Procedure. 1. Within ten days after the appointment of the mediator, the disputing party Party having invoked the mediation procedure shall present, in writing, a detailed description of the problem to the mediator and to the other disputing partyParty, in particular of the operation of the measure at issue and its adverse effects on trade and investment. Within twenty days after the date of delivery of this submission, the other disputing party Party may provide, in writing, its comments to the description of the problem. Either disputing party 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, concerned and its possible adverse effects on trade and investment. In particular, the mediator may organise meetings between the disputing partiesParties, consult the disputing parties Parties jointly or individually, seek the assistance of or consult with relevant experts and stakeholders and provide any additional support requested by the disputing partiesParties. However, before seeking the assistance of or consulting with relevant experts and stakeholders, the mediator shall consult with the disputing partiesParties. 3. The mediator may offer advice and propose a solution for consideration of the disputing parties 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)this Agreement. 4. The procedure shall take place in the territory of the disputing party Party to which the request was addressed or or, by mutual agreement, in any other location or by any other means. 5. The disputing parties 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 Parties may consider possible interim solutions, especially if the measure relates to perishable goods. 6. The solution may be adopted by means of a decision of the Trade 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 disputing party Party has designated as confidential. 7. The procedure shall be terminated: (a) by the adoption of a mutually agreed solution by the disputing partiesParties, on the date of adoption; (b) by a mutual agreement of the disputing parties 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 partiesParties, that further efforts at mediation would be to no avail, on the date of that declaration;; or (d) by a written declaration of a disputing party Party after exploring mutually agreed solutions under the mediation procedure and after having considered any advice and proposed solutions by the mediator, on the date of that declaration.