Common use of Awards and Enforcement Clause in Contracts

Awards and Enforcement. (1) Arbitration awards may provide the following forms of relief: (a) a declaration that the Contracting Party has failed to comply with its obligations under this Agreement; (b) pecuniary compensation; (c) restitution in kind in appropriate cases, provided that the Contracting Party may pay pecuniary compensation in lieu thereof where restitution is not practicable; and (d) with the agreement of the parties to the dispute, any other form of relief. (2) Arbitration awards shall be final and binding only upon the parties to the dispute and only with respect to the particular case. (3) The final award will only be published if there is written agreement by both parties to the dispute. (4) An arbitral tribunal shall not order a Contracting Party to pay punitive damages. (5) Each Contracting Party shall, in its territory, make provision for the effective enforcement of awards made pursuant to this Article and shall carry out without delay any such award issued in a proceeding to which it is party. (6) An investor may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention, if both Contracting Parties are parties to such instruments. (7) A disputing party may not seek enforcement of a final award until: (a) in the case of a final award made under the ICSID Convention: (i) one hundred and twenty days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award, or (ii) revision or annulment proceedings have been completed; and (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award, or (ii) a court has dismissed an application to revise, set aside or annul the award and there is no further appeal, or (iii) a court has allowed an application to revise, set aside or annul the award and the proceedings have been completed and there is no further appeal. (8) If a disputing Contracting Party fails to abide by or comply with a final award, on delivery of a request by a Contracting Party whose investor was a party to the arbitration, an arbitral tribunal under Article 16 may be established. The requesting Contracting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement, and (b) a recommendation that the Contracting Party abide by or comply with the final award.

Awards and Enforcement. (1) Arbitration awards may provide the following forms of relief: (a) a declaration that the Contracting Party has failed to comply with its obligations under this Agreement; (b) pecuniary compensation; (c) restitution in kind in appropriate cases, provided that the Contracting Party may pay pecuniary compensation in lieu thereof where restitution is not practicable; and (d) with the agreement of the parties to the dispute, any other form of relief. (2) Where a claim is made by an investor of a Contracting Party on behalf of an enterprise of the other Contracting Party, pursuant to paragraph (1) of Article 10: (a) an award of restitution in kind shall provide that restitution be made to the enterprise; (b) an award of pecuniary compensation shall provide that the sum be paid to the enterprise; (c) an award of any other form of relief shall provide that it be given to the enterprise; and (d) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable domestic law. (3) Arbitration awards shall be final and binding only upon the parties to the dispute and only with respect to the particular case. (34) The final award will only be published if there is with the written agreement by consent of both parties to the dispute. (45) An arbitral tribunal shall not order a Contracting Party to pay punitive damages. (56) Each Contracting Party shall, in its territory, make provision for the effective enforcement of awards made pursuant to this Article and shall carry out without delay any such award issued in a proceeding to which it is party. (67) An investor may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention, if both Contracting Parties are parties to such instruments. (7) 8) A disputing party may not seek enforcement of a final award until: (a) in the case of a final award made under the ICSID Convention: (i) one hundred and twenty days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award, or (ii) revision or annulment proceedings have been completed; and (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award, or (ii) a court has dismissed an application to revise, set aside or annul the award and there is no further appeal, or (iii) a court has allowed an application to revise, set aside or annul the award and the proceedings have proceeding has been completed and there is no not further appeal. (8) 9) If a disputing Contracting Party fails to abide by or comply with a final award, on delivery of a request by a Contracting Party whose investor was a party to the arbitration, an arbitral tribunal under Article 16 Part Two of this Chapter may be established. The requesting Contracting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement, and (b) a recommendation that the Contracting Party abide by or comply with the final award.

Awards and Enforcement. (1) Arbitration awards may provide . Unless the following forms of relief: (a) disputing parties agree otherwise, an arbitral award finding that a declaration that the Contracting Party has failed to comply with its obligations under this Agreementchapter may only be made separately or in combination: a) monetary damages and any applicable interest; or b) restitution of the property, in which case the award shall provide that the disputing party may pay monetary damages, plus interest as appropriate, in lieu of restitution. A tribunal may also award costs and attorneysâ fees in accordance with the applicable arbitration rules. 2. Pursuant to paragraph 1, when the claim has been filed on behalf of an enterprise: a) an award granting restitution of property shall provide that restitution shall be granted to the enterprise in the territory of the disputing Party; (b) pecuniary compensation; (c) restitution an award of monetary damages and any applicable interest, shall provide for the sum to be paid to the enterprise in kind in appropriate cases, provided that the Contracting Party may pay pecuniary compensation in lieu thereof where restitution is not practicableterritory of the disputing Party; and (dc) with an award shall provide that the agreement of the parties award shall be made without prejudice to the dispute, any other form of reliefright that any person may have to relief under applicable domestic law. (2) Arbitration 3. Arbitral awards shall be final and binding only upon between the disputing parties to the dispute and only with respect to the particular case. (3) 4. The final arbitral award will only shall be published if there is written agreement by both public, unless the disputing parties to the disputeagree otherwise. (4) 5. An arbitral tribunal shall may not order a Contracting Party to pay the payment of punitive damages. (5) 6. Each Contracting Party shall, shall adopt in its territory, make provision territory such measures as may be necessary for the effective enforcement of awards made pursuant to in accordance with the provisions of this Article Article, and shall carry out without delay facilitate the enforcement of any such award issued rendered in a proceeding to which it is a party. (6) An 7. A disputing investor may seek enforcement of an arbitration arbitral award under the ICSID Convention or the New York Convention, if both Contracting Parties are parties to such those instruments. (7) 8. A disputing party may not seek enforcement of enforce a final award until: (: a) in the case of a final award made rendered under the ICSID Convention: (i) one hundred and twenty 120 days have elapsed from since the date on which the award was rendered rendered, and no neither of the disputing party parties has requested the revision or annulment of the award, ; or (ii) revision the review or annulment proceedings have been completedconcluded; and (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award, or (ii) a court has dismissed an application to revise, set aside or annul the award and there is no further appeal, or (iii) a court has allowed an application to revise, set aside or annul the award and the proceedings have been completed and there is no further appeal. (8) If a disputing Contracting Party fails to abide by or comply with a final award, on delivery of a request by a Contracting Party whose investor was a party to the arbitration, an arbitral tribunal under Article 16 may be established. The requesting Contracting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement, and (b) a recommendation that the Contracting Party abide by or comply with the final award.

Awards and Enforcement. (1) Arbitration awards may provide the following forms of relief: (a) a A declaration that the Contracting Party has failed to comply with its obligations under this Agreement; (b) pecuniary Pecuniary compensation; (c) restitution Restitution in kind in appropriate cases, provided that the Contracting Party may pay pecuniary compensation in lieu thereof where restitution is not practicable; and (d) with With the agreement of the parties to the dispute, any other form of relief. (2) Arbitration awards shall be final and binding only upon the parties to the dispute and only with respect to the particular case. (3) The final award will only be published if there is written agreement by both parties to the dispute. (4) An arbitral tribunal shall not order a Contracting Party to pay punitive damages. (5) Each Contracting Party shall, in its territory, make provision for the effective enforcement of awards made pursuant to this Article and shall carry out without delay enable that any such award issued in a proceeding to which it is partya party be enforced. (6) An investor may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention, if both Contracting Parties are parties to such instruments.ICSID Convention or the New York Convention, if both Contracting Parties are parties to such instruments. (7) A disputing party may not seek enforcement of a final award until: (a) in In the case of a final award made under the ICSID Convention: (i) one One hundred and twenty (120) days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award, or (ii) revision Revision or annulment proceedings have been completed; and (b) in In the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules:ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three Three (3) months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award, or (ii) a A court has dismissed an application to revise, set aside or annul the award and there is no further appeal, or (iii) a A court has allowed an application to revise, set aside or annul the award and the proceedings have proceeding has been completed and there is no further appeal. (8) If a disputing A Contracting Party fails shall not initiate proceedings under Part Two for a dispute regarding the infringement of rights of an investor, unless the other Contracting Party has failed to abide by or comply with the award rendered in a final awarddispute that an investor has submitted to proceedings under this Part. In that case, the arbitral tribunal established under Part Two, on delivery of a request by a Contracting Party whose investor was a party to the arbitrationdispute, an arbitral tribunal under Article 16 may be established. The requesting Contracting Party may seek in such proceedingsaward: (a) a determination A declaration that the failure to abide by or comply with the final award is inconsistent with in contravention of the obligations of the other Contracting Party under this Agreement, ; and (b) a A recommendation that the other Contracting Party abide by or comply with the final award.. Part Two: Settlement of Disputes between the Contracting Parties

Awards and Enforcement. (1) Arbitration awards may provide the following forms of relief: (a) a declaration that the Contracting Party has failed to comply with its obligations under this Agreement; (b) pecuniary compensation; (c) restitution in kind in appropriate cases, provided that the Contracting Party may pay pecuniary compensation in lieu thereof where restitution is not practicable; and (d) with the agreement of the parties to the dispute, any other form of relief. (2) Arbitration awards shall be final and binding only upon the parties to the dispute and only with respect to the particular case. (3) The final award will only be published if there is written agreement by both parties to the dispute. (4) An arbitral tribunal shall not order a Contracting Party to pay punitive damages. (5) Each Contracting Party shall, in its territory, make provision for the effective enforcement of awards made pursuant to this Article and shall carry out without delay enable that any such award issued in a proceeding to which it is partya Party be enforced. (6) An investor may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention, if both Contracting Parties are parties Parties to such instruments. (7) A disputing party Party may not seek enforcement of a final award until: (a) in the case of a final award made under the ICSID Convention: (i) one hundred and twenty (120) days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award, or (ii) revision or annulment proceedings have been completed; and (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three months (3) have elapsed from the date the award was rendered and no disputing party Party has commenced a proceeding to revise, set aside or annul the award, or (ii) a court has dismissed an application to revise, set aside or annul the award and there is no further appeal, or (iii) a court has allowed an application to revise, set aside or annul the award and the proceedings have proceeding has been completed and there is no further appeal. (8) If a disputing A Contracting Party fails shall not initiate proceedings under Part Two for a dispute regarding the infringement of rights of an investor, unless the other Contracting Party has failed to abide by or comply with the award rendered in a final awarddispute that an investor has submitted to proceedings under this Part. In that case, the arbitral tribunal established under Part Two, on delivery of a request by a Contracting Party whose investor was a party to the arbitrationdispute, an arbitral tribunal under Article 16 may be established. The requesting Contracting Party may seek in such proceedingsaward: (a) a determination declaration that the failure to abide by or comply with the final award is inconsistent with in contravention of the obligations of the other Contracting Party under this Agreement, ; and (b) a recommendation that the other Contracting Party abide by or comply with the final award.

Awards and Enforcement. (1) Arbitration awards may provide the following forms of relief: (a) a declaration that the Contracting Party has failed to comply with its obligations under this Agreement; (b) pecuniary compensation; (c) restitution in kind in appropriate cases, provided that the Contracting Party may pay pecuniary compensation in lieu thereof where restitution is not practicable; and (d) with the agreement of the parties to the dispute, any other form of relief. (2) Arbitration awards award shall be final and binding only upon the parties to the dispute and only with respect to the particular case. (3) The final award will shall only be published if there is written agreement by both parties to the dispute. (4) An arbitral tribunal shall not order a Contracting Party to pay punitive damages. (5) Each Contracting Party shall, in its territory, make provision for the effective enforcement of awards made pursuant to this Article and shall carry out without delay any such award issued in a proceeding to which it is a party. (6) An investor may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention, if both Contracting Parties are parties to such instruments. (7) A disputing party may not seek enforcement of a final award until: (a) in the case of a final award made under the ICSID Convention: (i) one hundred and twenty (120) days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award, ; or (ii) revision or annulment proceedings have been completed; and (b) in the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three (3) months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award, ; or (ii) a court has dismissed an application to revise, set aside or annul the award and there is no further appeal, ; or (iii) a court has allowed an application to revise, set aside or annul the award and the proceedings have been completed and there is no further appeal. (8) If a disputing Contracting Party fails to abide by or comply with a final award, on delivery of a request by a Contracting Party whose investor was a party to the arbitration, an arbitral tribunal under Article 16 17 may be established. established The requesting Contracting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement, ; and (b) a recommendation that the Contracting Party abide by or comply with the final award.. Part Two. Settlement of Disputes between the Contracting Parties

Awards and Enforcement. (1) 1 . Arbitration awards may provide the following forms of relief: (a) a A declaration that the Contracting Party has failed to comply with its obligations under this Agreement; (b) pecuniary Pecuniary compensation; (c) restitution Restitution in kind in appropriate cases, provided that the Contracting Party may pay pecuniary compensation in lieu thereof where restitution is not practicable; and (d) with With the agreement of the parties to the dispute, any other form of relief. (2) 2 . Arbitration awards shall be final and binding only upon the parties to the dispute and only with respect to the particular case. (3) 3 . The final award will only be published if there is written agreement by both parties to the dispute. (4) 4 . An arbitral tribunal shall not order a Contracting Party to pay punitive damages. (5) 5 . Each Contracting Party shall, in its territory, make provision for the effective enforcement of awards made pursuant to this Article and shall carry out without delay any such award issued in a proceeding to which it is party. (6) 6 . An investor may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention, if both Contracting Parties are parties to such instruments. (7) 7 . A disputing party may not seek enforcement of a final award until: (a) in In the case of a final award made under the ICSID Convention: (i) one One hundred and twenty days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award, or (ii) revision Revision or annulment proceedings have been completed; and (b) in In the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three Three months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award, or (ii) a A court has dismissed an application to revise, set aside or annul the award and there is no further appeal, or (iii) a A court has allowed an application to revise, set aside or annul the award and the proceedings have proceeding has been completed and there is no further appeal. (8) If a disputing Contracting Party fails to abide by or comply with a final award, on delivery of a request by a Contracting Party whose investor was a party to the arbitration, an arbitral tribunal under Article 16 may be established. The requesting Contracting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement, and (b) a recommendation that the Contracting Party abide by or comply with the final award.

Awards and Enforcement. (1) Arbitration awards may provide the following forms of relief: (a) a A declaration that the Contracting Party has failed to comply with its obligations under this Agreement; (b) pecuniary Pecuniary compensation; (c) restitution Restitution in kind in appropriate cases, provided that the Contracting Party may pay pecuniary compensation in lieu thereof where restitution is not practicable; andlieu thereof where restitution is not practicable; and (d) with With the agreement of the parties to the dispute, any other form of relief. (2) Where a claim is made by an investor of a Contracting Party on behalf of an enterprise of the other Contracting Party, pursuant to paragraph (1) of Article 10: (a) An award of restitution in kind shall provide that restitution be made to the enterprise; (b) An award of pecuniary compensation shall provide that the sum be paid to the enterprise; (c) An award of any other form of relief shall provide that it be given to the enterprise; and (d) The award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable domestic law. (3) Arbitration awards shall be final and binding only upon the parties to the dispute and only with respect to the particular case. (34) The final award will only be published if there is with the written agreement by consent of both parties to the dispute. (45) An arbitral tribunal shall not order a Contracting Party to pay punitive damages. (56) Each Contracting Party shall, in its territory, make provision for the effective enforcement of awards made pursuant to this Article and shall carry out without delay any such award issued in a proceeding to which it is party. (67) An investor may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention, if both Contracting Parties are parties to such instruments. (7) 8) A disputing party may not seek enforcement of a final award until: (a) in In the case of a final award made under the ICSID Convention: (i) one One hundred and twenty days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award, or (ii) revision Revision or annulment proceedings have been completed; and (b) in In the case of a final award under the ICSID Additional Facility Rules or the UNCITRAL Arbitration Rules: (i) three Three months have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside or annul the award, or (ii) a A court has dismissed an application to revise, set aside or annul the award and there is no further appeal, or (iii) a A court has allowed an application to revise, set aside or annul the award and the proceedings have proceeding has been completed and there is no not further appeal. (8) 9) If a disputing Contracting Party fails to abide by or comply with a final award, on delivery of a request by a Contracting Party whose investor was a party to the arbitration, an arbitral tribunal under Article 16 Part Two of this Chapter may be established. The requesting Contracting Party may seek in such proceedings: (a) a A determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement, and (b) a A recommendation that the Contracting Party abide by or comply with the final award.. Part Two: Settlement of Disputes between the Contracting Parties