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Common use of Awards Clause in Contracts

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing parties, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys fees in accordance with this Agreement and the applicable arbitration rules. 4. A tribunal may not award punitive damages. 5. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 6. Subject to paragraph 7 and the applicable review procedure for an interim award, the disputing party shall abide by and comply with an award without delay. (15) 7. The disputing party may not seek enforcement of a final award until: (a) in the case of a final award under the ICSID Convention: (i) 120 days has 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; (b) in the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e): (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 8. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 of the New York Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 105 contracts

Samples: Asean Comprehensive Investment Agreement, Asean Comprehensive Investment Agreement, Asean Comprehensive Investment Agreement

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Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing partiesa respondent, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State respondent may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorney’s fees in accordance with this Agreement Treaty and the applicable arbitration rules. 42. Subject to paragraph 1, where a claim is submitted to arbitration under Article 24(1)(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) 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. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 7 6 and the applicable review procedure for an interim award, the a disputing party shall abide by and comply with an award without delay. 6. (15) 7. The 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) 120 days has 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, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e):24(3)(d), (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 7. Each Party shall provide for the enforcement of an award in its territory. 8. If the respondent fails to abide by or comply with a final award, on delivery of a request by the non-disputing Party, a tribunal shall be established under Article 37 [State-State Dispute Settlement]. Without prejudice to other remedies available under applicable rules of international law, the requesting 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 Treaty; and (b) a recommendation that the respondent abide by or comply with the final award. 9. A disputing party may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention [or the Inter-American Convention] regardless of whether proceedings have been taken under paragraph 8. 10. A claim that is submitted for to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 I of the New York Convention [and Article I of the Inter-American Convention]. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 8 contracts

Samples: Bilateral Investment Treaty, Bilateral Investment Treaty, Bilateral Investment Treaty

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing partiesa respondent, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and; (b) restitution of property, in which case the award shall provide that the disputing Member State respondent may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorneys’ fees in accordance with this Agreement Section and the applicable arbitration rules. 42. Subject to paragraph 1, where a claim is submitted to arbitration under Article 10.16.1(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) 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. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 7 6 and the applicable review procedure for an interim award, the a disputing party shall abide by and comply with an award without delay. 6. (15) 7. The 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) 120 days has 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, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e10.16.5(d): (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 7. Each Party shall provide for the enforcement of an award in its territory. 8. A disputing party may seek enforcement of an arbitration award under the ICSID Convention, or the New York Convention regardless of whether actions have been taken under Article 10.18.5. 9. A claim that is submitted for to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 I of the New York Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 8 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where When a tribunal makes a final award against either of the disputing partiesaward, the tribunal may award, separately or in combination, only: (a) monetary Monetary damages and any applicable interest; and (b) restitution Restitution of property, in which case the award shall provide that the disputing Member State respondent may pay monetary damages and any applicable interest in lieu of restitution. 2. For greater certainty, if an investor of a Party submits a claim to arbitration under Article 24.1(a), it may recover only loss or damage that it has incurred in its capacity as an investor of a Party. 3. A tribunal may also award costs and attorneys attorney's fees incurred by the disputing parties in connection with the arbitral proceeding, and shall determine how and by whom those costs and attorney's fees shall be paid, in accordance with this Agreement Section and the applicable arbitration rules. 4. Subject to paragraph 1, if a claim is submitted to arbitration under Article 24.1(b): (a) An award of restitution of property shall provide that restitution be made to the enterprise; (b) An award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) The award shall provide that it is made without prejudice to any right that any person may have under applicable laws with respect to the relief provided in the award. 5. A tribunal may shall not award punitive damages. 56. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 67. Subject to paragraph 7 8 and the applicable review procedure for an interim award, the a disputing party shall abide by and comply with an award without delay. 8. (15) 7. The A disputing party may shall not seek enforcement of a final award until: (a) in the case of a final award under the ICSID Convention: (i) 120 days has 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; (b) in the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e): (i) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, aside or annul the award; or (iib) a A court has dismissed or allowed an application to revise, set aside, aside or annul the award and there is no further appeal. 89. Each Party shall provide for the enforcement of an award in its Area. 10. If the respondent fails to abide by or comply with a final award, on delivery of a written request by the non-disputing Party, Section B (Settlement of Disputes between the Parties) shall apply to this matter. If a panel is established pursuant to such application, the requesting Party may seek in those proceedings: (a) A finding that the failure to abide by or comply with the final award is inconsistent with the obligations under this Agreement; and (b) In addition to Section B (Settlement of Disputes between the Parties), a recommendation that the respondent abide by or comply with the final award. 11. A disputing party may seek enforcement of an award under the New York Convention, regardless of whether proceedings have been initiated under paragraph 10. 12. A claim that is submitted for to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 I of the New York Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 6 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Awards. 1. The disputing parties may agree on a resolution A tribunal, in its award, shall set out its findings of law and fact, together with the reasons for its ruling, and may, at the request of the dispute at any time before claimant, award the tribunal issues its final award. 2. Where a tribunal makes a final award against either following forms of the disputing parties, the tribunal may award, separately or in combination, only: relief: (a) monetary damages and any applicable interesta declaration that the respondent has failed to comply with its obligations under this Agreement; and (b) pecuniary compensation, which shall include applicable interest from the time the loss or damage was incurred until the payment was made; (c) restitution of propertyin kind as appropriate, in which case the award shall provide that the disputing Member State respondent may pay monetary damages and any applicable interest pecuniary compensation in lieu of restitution. 3restitution where the restitution is not practicable; and (d) with the agreement of the disputing parties, any other form of relief. A tribunal may also award costs and attorneys fees in accordance with this Agreement and the applicable arbitration rules. 42. A tribunal may not award punitive damages. . 3. A tribunal shall not be competent to rule on the legality of the measure as a matter of domestic law. 4. A tribunal shall be competent to rule on the consistency of the measures at issue with this Agreement and international law. For greater certainty, this shall not preclude any disputing party from submitting, as a matter of fact, evidence related to the legality of a measure under domestic law. 5. Arbitration awards shall be final and binding for the disputing parties, and each Party shall provide for the enforcement of an award in its territory. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. . 6. Subject to paragraph 7 and the applicable review procedure for an interim award, the disputing party shall abide by and comply with an award without delay. (15) 7. The A disputing party may not seek request enforcement of a the final award until: : (a) in the case of a the final award was issued under the ICSID Convention: , (i) 120 days has have elapsed from since the date the award was rendered and no disputing party has requested revision or annulment of the award; or or (ii) the proceedings of revision or annulment proceedings have been completed; ; and (b) in the case of a the final award was issued under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to in accordance with Article 33(1)(e): 8.18.1.(b) (iv), (i) 90 days have elapsed from since the date the award was rendered and no disputing party has commenced a proceeding to revise, set set-aside, or annul the award; or or (ii) a court has dismissed or allowed admitted an application to revise, set set-aside, or annul the award award, and there is no further appeal. 8. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 of the New York Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 4 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing partiesa respondent, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and; (b) restitution of property, in which case the award shall provide that the disputing Member State respondent may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorneys' fees in accordance with this Agreement Section and the applicable arbitration rules. 42. Subject to paragraph 1, where a claim is submitted to arbitration under Article 10.16.1(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) 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. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 7 6 and the applicable review procedure for an interim award, the a disputing party shall abide by and comply with an award without delay. 6. (15) 7. The 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) 120 days has have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (iii) revision or annulment proceedings have been completed;; and (b) in the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e10.16.5(d): (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 7. Each Party shall provide for the enforcement of an award in its territory. 8. A disputing party may seek enforcement of an arbitration award under the ICSID Convention, or the New York Convention regardless of whether actions have been taken under Article 10.18.5. 9. A claim that is submitted for to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for the purposes of Article 1 I of the New York Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing partiesa respondent, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State respondent may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorney’s fees in accordance with this Agreement Treaty and the applicable arbitration rules. 42. Subject to paragraph 1, where a claim is submitted to arbitration under Article 24(1)(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) 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. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 7 6 and the applicable review procedure for an interim award, the a disputing party shall abide by and comply with an award without delay. 6. (15) 7. The 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) 120 days has 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, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e):24(3)(d), (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 7. Each Party shall provide for the enforcement of an award in its territory. 8. If the respondent fails to abide by or comply with a final award, on delivery of a request by the non-disputing Party, a tribunal shall be established under Article 37. Without prejudice to other remedies available under applicable rules of international law, the requesting 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 Treaty; and (b) a recommendation that the respondent abide by or comply with the final award. 9. A disputing party may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention, or the Inter-American Convention regardless of whether proceedings have been taken under paragraph 8. 10. A claim that is submitted for to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 I of the New York Convention and Article I of the Inter-American Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 3 contracts

Samples: Treaty, Treaty, Treaty

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing partiesa respondent, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State respondent may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorney’s fees in accordance with this Agreement Section and the applicable arbitration rules. 42. Subject to paragraph 1, where a claim is submitted to arbitration under Article 10.15.1(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) 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. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 7 6 and the applicable review procedure for an interim award, the a disputing party shall abide by and comply with an award without delay. 6. (15) 7. The 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) 120 days has 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, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e):10.15.3(d), (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 8. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 of the New York Convention. 97. Each Member State Party shall provide for the enforcement of an award in its territory. 8. If the respondent fails to abide by or comply with a final award, on delivery of a request by the non-disputing Party, a panel shall be established under Article 20.7 (Establishment of Panel). The requesting 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) in accordance with Article 20.9.2 (Panel Report), a recommendation that the respondent abide by or comply with the final award.

Appears in 1 contract

Samples: Free Trade Agreement

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing parties, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorney’s fees in accordance with this Agreement and the applicable arbitration rules. 4. A tribunal may not award punitive damages. 5. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 6. Subject to paragraph 7 and the applicable review procedure for an interim award, the disputing party shall abide by and comply with an award without delay. (15)delay.[15] 7. The disputing party may not seek enforcement of a final award until: (a) in the case of a final award under the ICSID Convention: (i) 120 days has 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; (b) in the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e): (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 8. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 of the New York Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 1 contract

Samples: Asean Comprehensive Investment Agreement

Awards. 1. The arbitral awards will only be final and binding for the disputing parties may agree on a resolution of and only in the dispute at any time before the tribunal issues its final awardspecific case. 2. Where The awards shall be executed in accordance with the internal law of the Party in whose territory the investment was made. 3. Each Party shall provide for the proper execution of an award in its territory. 4. When a tribunal makes a final award against either of unfavorable to the disputing partiesdefendant, the tribunal Tribunal may award, separately only declare the restitution or in combination, only: (a) monetary pecuniary damages and any applicable interestthe interest that may arise; and (b) restitution of propertylikewise, in which case the award shall provide that the disputing Member State it may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award declare costs and attorneys attorneys' fees in accordance with this Agreement Article and with the applicable arbitration rules. 4. A tribunal may The Court will not award be competent to rule on the legality of the measure as a matter of domestic law and will not be authorized to order the payment of punitive damages. 5. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 6. Subject to paragraph 7 6 and the applicable review procedure for applicable to an interim award, the disputing party shall abide by comply with and comply with an the award without delay. (15). 76. The disputing party may can not seek enforcement request the execution of a the final award until: (a) in the case of a final award under issued in accordance with the ICSID Convention: (i) 120 one hundred and twenty (120) days has have elapsed from the date on which the award was rendered and no disputing party has requested the revision or annulment of the awardthereof; or (ii) revision the review or annulment proceedings cancellation procedures have been completed;; Y (b) in the case of a final award under rendered in accordance with the Rules of the Additional Facility of the ICSID Additional Facility Rules, or the UNCITRAL Arbitration Rules, Rules or the corresponding arbitration rules selected pursuant to Article 33(1)(e):that have been selected: (i) 90 ninety (90) days have elapsed from the date on which the award was rendered and no disputing party has commenced initiated a proceeding procedure to revisereview, set aside, revoke or annul the awardit; or (ii) a court Tribunal has dismissed rejected or allowed an application to reviseadmitted a request for review, set aside, revocation or annul annulment of the award and there this resolution can not be appealed. 7. When the defendant fails to comply or fails to comply with a final award, upon delivery of a request from the Party of the complainant, a panel shall be established in accordance with Article 18.11 (Request for Establishment of the Arbitral Tribunal). The requesting Party may request in said procedures: (a) a determination that the breach or contempt of the terms of the final award is no further appealcontrary to the obligations of this Agreement; Y (b) in accordance with the procedures established in Article 18.17 (Award Project), a decision in the sense that the defendant abides or complies with the final award. 8. A disputing party may resort to the enforcement of an arbitral award in accordance with the ICSID Convention, the New York Convention or the Inter-American Convention, regardless of whether the procedures referred to in paragraph 7 have been initiated or not. 9. For the purposes of Article I of the New York Convention and Article I of the Inter-American Convention, the claim that is submitted for to arbitration under this Section shall be considered deemed to arise out of from a commercial relationship or transaction for purposes of Article 1 of the New York Conventionoperation. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 1 contract

Samples: Free Trade Agreement

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing partiesa respondent, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State respondent may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorneyâs fees in accordance with this Agreement Treaty and the applicable arbitration rules. 42. Subject to paragraph 1, where a claim is submitted to arbitration under Article 24(1)(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) 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. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 7 6 and the applicable review procedure for an interim award, the a disputing party shall abide by and comply with an award without delay. 6. (15) 7. The 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) 120 days has 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, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e):24(3)(d), (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 7. Each Party shall provide for the enforcement of an award in its territory. 8. If the respondent fails to abide by or comply with a final award, on delivery of a request by the non-disputing Party, a tribunal shall be established under Article 37 [State-State Dispute Settlement]. Without prejudice to other remedies available under applicable rules of international law, the requesting 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 Treaty; and (b) a recommendation that the respondent abide by or comply with the final award. 9. A disputing party may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention [or the Inter-American Convention] regardless of whether proceedings have been taken under paragraph 8. 10. A claim that is submitted for to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 I of the New York Convention[and Article I of the Inter-American Convention]. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 1 contract

Samples: Treaty

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing parties, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorney's fees in accordance with this Agreement and the applicable arbitration rules. 4. A tribunal may not award punitive damages. 5. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 6. Subject to paragraph 7 and the applicable review procedure for an interim award, the disputing party shall abide by and comply with an award without delay. (15)delay.15 7. The disputing party may not seek enforcement of a final award until: (a) in the case of a final award under the ICSID Convention: (i) 120 days has 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; (b) in the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e): (i) 90 days 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 or allowed an application to revise, . set aside, or annul the award and there is no further appeal. 8. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 of the New York Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 1 contract

Samples: Asean Comprehensive Investment Agreement

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Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing partiesa respondent, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and; (b) restitution of property, in which case the award shall provide that the disputing Member State respondent may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorneys’ fees in accordance with this Agreement Section and the applicable arbitration rules. 42. Subject to paragraph 1, where a claim is submitted to arbitration under Article 10.15(1)(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) 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. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 7 6 and the applicable review procedure for an interim award, the a disputing party shall abide by and comply with an award without delay. 6. (15) 7. The 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:Convention.10-24 (i) 120 days has 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, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e):10.15(5)(d) (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 7. Each Party shall provide for the enforcement of an award in its territory. 8. If the respondent fails to abide by or comply with a final award, on delivery of a request by the non- disputing Party, a panel shall be established under Article 22.6 (Request for an Arbitral Panel). The requesting 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) if the Parties agree, a recommendation that the respondent abide by or comply with the final award. 9. A disputing party may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention, or the Inter-American Convention regardless of whether proceedings have been taken under paragraph 8. 10. A claim that is submitted for to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 I of the New York Convention and Article I of the Inter-American Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 1 contract

Samples: Free Trade Agreement

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing parties, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorney’s fees in accordance with this Agreement and the applicable arbitration rules. 4. A tribunal may not award punitive damages. 5. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 6. Subject to paragraph 7 and the applicable review procedure for an interim award, the disputing party shall abide by and comply with an award without delay. (15)delay.15 7. The disputing party may not seek enforcement of a final award until: (a) in the case of a final award under the ICSID Convention: (i) 120 days has elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (or ii) revision or annulment proceedings have been completed; (b) in the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e): (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 8. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 of the New York Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 1 contract

Samples: Asean Comprehensive Investment Agreement

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing parties, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorney's fees in accordance with this Agreement and the applicable arbitration rules. 4. A tribunal may not award punitive damages. 5. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 6. Subject to paragraph 7 and the applicable review procedure for an interim award, the disputing party shall abide by and comply with an award without delay. (15)delay.15 7. The disputing party may not seek enforcement of a final award until: (a) in the case of a final award under the ICSID Convention: (i) 120 days has 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;; 15 The Parties understand that there may be domestic legal and administrative processes that need to be observed before an award can be complied with (b) in the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e): (i) 90 days 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 or allowed an application to revise, . set aside, or annul the award and there is no further appeal. appeal 8. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 of the New York Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 1 contract

Samples: Asean Comprehensive Investment Agreement

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing partiesa respondent, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State respondent may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorney’s fees in accordance with this Agreement Treaty and the applicable arbitration rules. 42. Subject to paragraph 1, where a claim is submitted to arbitration under Article 24 (1) (b) : (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) 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. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 7 6 and the applicable review procedure for an interim award, the a disputing party shall abide by and comply with an award without delay. 6. (15) 7. The 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) 120 days has 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, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e):24 (3)(d), (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal 7. Each Party shall provide for the enforcement of an award in its territory. 8. If the respondent fails to abide by or comply with a final award, on delivery of a request by the non-disputing Party, a tribunal shall be established under Article 37. Without prejudice to other remedies available under applicable rules of international law, the requesting 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 Treaty; and (b) a recommendation that the respondent abide by or comply with the final award. 9. A disputing party may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention, or the Inter-American Convention regardless of whether proceedings have been taken under paragraph 8. 10. A claim that is submitted for to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 I of the New York Convention and Article I of the Inter-American Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 1 contract

Samples: Treaty

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing parties, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorney’s fees in accordance with this Agreement and the applicable arbitration rules. 4. A tribunal may not award punitive damages. 5. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 6. Subject to paragraph 7 and the applicable review procedure for an interim award, the disputing party shall abide by and comply with an award without delay. (15)delay.15 7. The disputing party may not seek enforcement of a final award until: (a) in the case of a final award under the ICSID Convention: (i) 120 days has elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (or ii) revision or annulment proceedings have been completed; (b) in the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e): (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 8. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 of the New York Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 1 contract

Samples: Asean Comprehensive Investment Agreement

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing parties, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Member State may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorney’s fees in accordance with this Agreement and the applicable arbitration rules. 4. A tribunal may not award punitive damages. 5. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 6. Subject to paragraph 7 and the applicable review procedure for an interim award, the disputing party shall abide by and comply with an award without delay. (15)delay.15 7. The disputing party may not seek enforcement of a final award until: (a) in the case of a final award under the ICSID Convention: (i) 120 days has 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; (b) in the case of a final award under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e): (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 8. A claim that is submitted for arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 of the New York Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 1 contract

Samples: Asean Comprehensive Investment Agreement

Awards. 1. The disputing parties may agree on a resolution of the dispute at any time before the tribunal issues its final award. 2. Where a tribunal makes a final award against either of the disputing partiesa respondent, the tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and; (b) restitution of property, in which case the award shall provide that the disputing Member State respondent may pay monetary damages and any applicable interest in lieu of restitution. 3. A tribunal may also award costs and attorneys attorney’s fees in accordance with this Agreement Section and the applicable arbitration rules. 42. Subject to paragraph 1, where a claim is submitted to arbitration under Article 10.16.1(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) 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. A tribunal may is not authorized to award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 7 6 and the applicable review procedure for an interim award, the a disputing party shall abide by and comply with an award without delay. 6. (15) 7. The 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) 120 days has 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, Rules or the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 33(1)(e):, (i) 90 days 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 or allowed an application to revise, set aside, or annul the award and there is no further appeal. 7. Each Party shall provide for the enforcement of an award in its territory. 8. If the respondent fails to abide by or comply with a final award, on delivery of a request by the non-disputing Party, a panel shall be established under Article 20.6 (Request for an Arbitral Panel). The requesting 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) in accordance with Article 20.12 (Initial Report), a recommendation that the respondent abide by or comply with the final award. 9. A disputing party may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention, or the Inter-American Convention regardless of whether proceedings have been taken under paragraph 8. 10. A claim that is submitted for to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article 1 I of the New York Convention and Article I of the Inter-American Convention. 9. Each Member State shall provide for the enforcement of an award in its territory.

Appears in 1 contract

Samples: Trade Promotion Agreement

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