Common use of Choice of Dispute Settlement Procedure Clause in Contracts

Choice of Dispute Settlement Procedure. 1. Recourse to the dispute settlement provisions of this Chapter shall be without prejudice to any action in the WTO framework, including dispute settlement action. 2. However, where a Party has, with regard to a particular measure, initiated a dispute settlement proceeding, either under this Chapter or under the WTO Agreement, it shall not institute a dispute settlement proceeding regarding the same measure in the other forum until the first proceeding has been concluded. In addition, unless the forum selected fails for procedural or jurisdictional reasons, a Party shall not subsequently initiate dispute settlement proceedings in the other forum, if an obligation is identical under the Korea- Turkey FTA and under the WTO Agreement. 3. For the purposes of paragraph 2: (a) dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party’s request for the establishment of a panel under Article 6 of the DSU and are deemed to be concluded when the Dispute Settlement Body adopts the Panel’s report, and the Appellate Body’s report as the case may be, under Articles 16 and 17.14 of the DSU; and (b) dispute settlement proceedings under this Chapter are deemed to be initiated by a Party’s request for the establishment of an arbitration panel under Article 6.5.1 and are deemed to be concluded when the arbitration panel issues its ruling to the Parties and to the Joint Committee under Article 6.10.

Choice of Dispute Settlement Procedure. 1. Recourse to the dispute settlement provisions of this Chapter shall be without prejudice to any action in the WTO framework, including dispute settlement action. 2. However, where a Party has, with regard to a particular measure, initiated a dispute settlement proceeding, either under this Chapter or under the WTO Agreement, it shall not institute a dispute settlement proceeding regarding the same measure in the other forum until the first proceeding has been concluded. In addition, unless the forum selected fails for procedural or jurisdictional reasons, a Party shall not subsequently initiate dispute settlement proceedings in the other forum, if an obligation is identical under the Korea- Turkey Turkey-Korea FTA and under the WTO Agreement. 3. For the purposes of paragraph 2: (a) dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party’s request for the establishment of a panel under Article 6 of the DSU and are deemed to be concluded when the Dispute Settlement Body adopts the Panel’s report, and the Appellate Body’s report as the case may be, under Articles 16 and 17.14 of the DSU; and (b) dispute settlement proceedings under this Chapter are deemed to be initiated by a Party’s request for the establishment of an arbitration panel under Article 6.5.1 and are deemed to be concluded when the arbitration panel issues its ruling to the Parties and to the Joint Committee under Article 6.10.

Choice of Dispute Settlement Procedure. 1. Recourse to the dispute settlement provisions of this Chapter shall be without prejudice to any action in the WTO framework, including dispute settlement action. 2. However, where a Party has, with regard to a particular measure, initiated a dispute settlement proceeding, either under this Chapter or under the WTO Agreement, it shall not institute a dispute settlement proceeding regarding the same measure in the other forum until the first proceeding has been concluded. In addition, unless the forum selected fails for procedural or jurisdictional reasons, a Party shall not subsequently initiate dispute settlement proceedings in the other forum, if an obligation is identical under the Korea- Turkey Turkey- Korea FTA and under the WTO Agreement. 3. For the purposes of paragraph 2: (a) dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party’s request for the establishment of a panel under Article 6 of the DSU and are deemed to be concluded when the Dispute Settlement Body adopts the Panel’s report, and the Appellate Body’s report as the case may be, under Articles 16 and 17.14 of the DSU; and (b) dispute settlement proceedings under this Chapter are deemed to be initiated by a Party’s request for the establishment of an arbitration panel under Article 6.5.1 and are deemed to be concluded when the arbitration panel issues its ruling to the Parties and to the Joint Committee under Article 6.10.