Common use of Awards and Enforcement Clause in Contracts

Awards and Enforcement. 1 . Arbitration awards in arbitrations under Articles 13 or 15 of this Agreement may provide the following forms of relief:Articles 13 or 15 of this Agreement 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 an Investor of a Contracting Party makes a claim on behalf of an enterprise of the other Contracting Party that the Investor owns or controls, directly or indirectly: (a) An award of restitution in kind shall provide that restitution be made to the enterprise; and (b) An award of pecuniary compensation and any applicable interest shall provide that the sum be paid to the enterprise. 3 . The decision of an arbitral tribunal in an arbitration under Articles 13 or 15 of this Agreement shall be binding on the parties to the dispute with respect to the particular case The parties shall abide by and comply with the terms of the award.Articles 13 or 15 of this Agreement shall be binding on the parties to the dispute with respect to the particular case The parties shall abide by and comply with the terms of the award. 4 . The decision of an arbitral tribunal shall only be published if there is agreement by the parties to the dispute. 5 . An arbitral tribunal in an arbitration under Articles 13 or 15 of this Agreement shall not order a Contracting Party to pay punitive damages.Articles 13 or 15 of this Agreement shall not order a Contracting Party to pay punitive damages. 6 . Each Contracting Party shall, in its territory, make provision for the effective enforcement of awards made pursuant to this Article. 7 . An Investor may seek enforcement of an arbitral award under the Convention or the New York Convention if both Contracting Parties are parties to such instruments.Convention or the New York Convention if both Contracting Parties are parties to such instruments. 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 21 may be established. The requesting Contracting Party may seek in such proceedings:Article 21 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.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

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Awards and Enforcement. 1 1. Arbitration awards in arbitrations under Articles 13 or 15 of this Agreement may provide the following forms of relief:Articles 13 or 15 of this Agreement 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. Where an Investor of a Contracting Party makes a claim on behalf of an enterprise of the other Contracting Party that the Investor owns or controls, directly or indirectly: (a) An an award of restitution in kind shall provide that restitution be made to the enterprise; and (b) An an award of pecuniary compensation and any applicable interest shall provide that the sum be paid to the enterprise. 3 3. The decision of an arbitral tribunal in an arbitration under Articles 13 or 15 of this Agreement shall be binding on the parties to the dispute with respect to the particular case The parties shall abide by and comply with the terms of the award.Articles 13 or 15 of this Agreement shall be binding on the parties to the dispute with respect to the particular case case. The parties shall abide by and comply with the terms of the award. 4 4. The decision of an arbitral tribunal shall only be published if there is agreement by the parties to the dispute. 5 5. An arbitral tribunal in an arbitration under Articles 13 or 15 of this Agreement shall not order a Contracting Party to pay punitive damages.Articles 13 or 15 of this Agreement shall not order a Contracting Party to pay punitive damages. 6 6. Each Contracting Party shall, in its territory, make provision for the effective enforcement of awards made pursuant to this Article. 7 7. An Investor may seek enforcement of an arbitral award under the Convention or the New York Convention if both Contracting Parties are parties to such instruments.Convention or the New York Convention if both Contracting Parties are parties to such instruments. 8 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 21 may be established. The requesting Contracting Party may seek in such proceedings:Article 21 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.

Appears in 2 contracts

Samples: Investment Protection Agreement, Investment Protection Agreement

Awards and Enforcement. 1 1. Arbitration awards in arbitrations under Articles 13 or 15 of this Agreement may provide the following forms of relief:Articles 13 or 15 of this Agreement 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. Where an Investor of a Contracting Party makes a claim on behalf of an enterprise of the other Contracting Party that the Investor owns or controls, directly or indirectly: (a) An an award of restitution in kind shall provide that restitution be made to the enterprise; and (b) An an award of pecuniary compensation and any applicable interest shall provide that the sum be paid to the enterprise. 3 3. The decision of an arbitral tribunal in an arbitration under Articles 13 or 15 of this Agreement shall be binding on the parties to the dispute with respect to the particular case The parties shall abide by and comply with the terms of the award.Articles 13 or 15 of this Agreement shall be binding on the parties to the dispute with respect to the particular case The parties shall abide by and comply with the terms of the award. 4 4. The decision of an arbitral tribunal shall only be published if there is agreement by the parties to the dispute. 5 5. An arbitral tribunal in an arbitration under Articles 13 or 15 of this Agreement shall not order a Contracting Party to pay punitive damages.Articles 13 or 15 of this Agreement shall not order a Contracting Party to pay punitive damages. 6 6. Each Contracting Party shall, in its territory, make provision for the effective enforcement of awards made pursuant to this Article. 7 7. An Investor may seek enforcement of an arbitral award under the Convention or the New York Convention if both Contracting Parties are parties to such instruments.Convention or the New York Convention if both Contracting Parties are parties to such instruments. 8 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 21 may be established. The requesting Contracting Party may seek in such proceedings:Article 21 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.

Appears in 1 contract

Samples: Investment Protection Agreement

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Awards and Enforcement. 1 1. Arbitration awards in arbitrations under Articles 13 or 15 of this Agreement may provide the following forms of relief:Articles Article 13 or 15 of this Agreement 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. Where an Investor of a Contracting Party makes a claim on behalf of an enterprise of the other Contracting Party that the Investor owns or controls, directly or indirectly: (a) An an award of restitution in kind shall provide that restitution be made to the enterprise; and (b) An an award of pecuniary compensation and any applicable interest shall provide that the sum be paid to the enterprise. 3 3. The decision of an arbitral tribunal in an arbitration under Articles Article 13 or 15 of this Agreement shall be binding on the parties to the dispute with respect to the particular case The parties shall abide by and comply with the terms of the award.Articles 13 or 15 of this Agreement shall be binding on the parties to the dispute with respect to the particular case case. The parties shall abide by and comply with the terms of the award. 4 4. The decision of an arbitral tribunal shall only be published if there is agreement by the parties to the dispute. 5 5. An arbitral tribunal in an arbitration under Articles 13 or 15 of this Agreement shall not order a Contracting Party to pay punitive damages.Articles Article 13 or 15 of this Agreement shall not order a Contracting Party to pay punitive damages. 6 6. Each Contracting Party shall, in its territory, make provision for the effective enforcement of awards made pursuant to this Article. 7 7. An Investor may seek enforcement of an arbitral award under the Convention or the New York Convention if both Contracting Parties are parties to such instruments.Convention or the New York Convention if both Contracting Parties are parties to such instruments. 8 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 21 may be established. The requesting Contracting Party may seek in such proceedings:Article 21 of this Agreement 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.

Appears in 1 contract

Samples: Investment Protection Agreement

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