Choice of Dispute Settlement Procedure. 1. Nothing in this Chapter shall prejudice any rights ofthe Parties to have recourse to dispute settlementprocedures available under any other internationalagreement to which both Parties are parties. 2. Notwithstanding paragraph 1 above, once a disputesettlement procedure has been initiated under this Chapteror under any other international agreement to which bothParties are parties with respect to a particular dispute,that procedure shall be used to the exclusion of any otherprocedure for that particular dispute. However, this does not apply if substantially separate and distinct rights orobligations under different international agreements are indispute. 3. For the purposes of paragraph 2 above, a disputesettlement procedure under this Chapter shall be deemed tobe initiated by a Party's request for the establishment ofan arbitral tribunal pursuant to paragraph 1 of Article 153. 4. For the purposes of paragraph 2 above, a disputesettlement procedure under the WTO Agreement shall bedeemed to be initiated by a Party's request for theestablishment of a panel pursuant to Article 6 of theUnderstanding on Rules and Procedures Governing theSettlement of Disputes in Annex 2 to the WTO Agreement, asmay be amended.
Appears in 4 contracts
