Compensation and Suspension of Benefits. 1. If the Party complained against fails to notify the implementing measures before the expiry of the reasonable period of time, or notifies the complaining Party that it is impracticable, or the Arbitration Panel to which the matter is referred pursuant to paragraph 3 of Article 12.13 (Implementation) rules that the Party complained against has failed to eliminate the non-conformity within the reasonable period of time, the Party complained against shall, if so requested by the complaining Party, enter into negotiations with the complaining Party with a view to reaching mutually satisfactory compensation.
2. If there is no agreement on satisfactory compensation within 20 days of the date of receipt of the request mentioned in paragraph 1, the complaining Party may, by giving notification, suspend benefits conferred on the other Party under this Agreement. Such suspension shall only take effect after 30 days of the notification.
3. The compensation referred to in paragraph 1 and the suspension referred to in paragraph 2 shall be temporary measures. Neither compensation nor suspension is preferred to full elimination of the non-conformity as determined in the report of the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report). The suspension shall only be applied until such time as the non-conformity is fully eliminated or a mutually satisfactory solution is reached.
4. In considering what concessions or other obligations to suspend pursuant to paragraph 2:
(a) the complaining Party should first seek to suspend benefits with respect to the same sector(s) as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) has found to be inconsistent with this Agreement;
(b) if the complaining Party considers that it is not practicable or effective to suspend concessions or other obligations with respect to the same sector(s), it may suspend concessions or other obligations with respect to other sectors. The notification of such suspension pursuant to paragraph 2 shall indicate the reasons on which it is based; and
(c) the level of suspension referred to in paragraph 2 shall be equivalent to the level of benefits that have been impaired.
Compensation and Suspension of Benefits. The ruling of the arbitration panel should be rendered within 90 days from the receipt of that request.
Compensation and Suspension of Benefits. If the Arbitration Panel decides that the level of benefits suspended by the complaining Party is excessive, the complaining Party shall modify the level of suspension of concessions accordingly.
Compensation and Suspension of Benefits. 1. If the Party concerned fails to bring the measure found to be inconsistent with the Agreement into compliance with the award of the arbitral tribunal under paragraph 2 of Article 15.11 within 20 days of the report of that arbitral tribunal being provided to the Parties, that Party shall, if so requested, enter into negotiations with the complaining Party with a view to reaching a mutually acceptable compensation or solution.
2. If no mutually acceptable compensation or solution has been reached within 20 days after the request of the complaining Party to enter into negotiations on compensatory adjustment, the complaining Party may request the original arbitral tribunal to determine the appropriate level of any suspension of benefits conferred
Compensation and Suspension of Benefits. 1. If the Party concerned fails to bring the measure found to be inconsistent with the Agreement into compliance with the decision of the arbitral tribunal under Article 15.12 within the reasonable period of time established in accordance with Article 15.13, that Party shall, if so requested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory agreement on any necessary compensatory adjustment.
2. If the arbitral tribunal decides that a Party's measure is causing nullification or impairment in the sense of Annex 15.A and the nullification or impairment is not addressed within the reasonable period of time established in accordance with Article 15.13, that Party shall, if so requested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory agreement on any necessary compensatory adjustment. 3. A complaining Party may suspend the application of benefits of equivalent effect to the responding Party 30 days after the end of the reasonable period of time established in accordance with Article
Compensation and Suspension of Benefits. 1. If:
(a) the Party which requested the establishment of an arbitral tribunal has not received any notice from the other Party under Article 1810 (2); or
(b) the Parties are unable to agree on a mutually acceptable resolution under Article 1810
Compensation and Suspension of Benefits. 1. If the Party complained against fails to bring the measure found to be inconsistent with the Agreement or to have caused nullification or impairment into compliance with the findings and rulings of the Arbitral Tribunal within the reasonable period of time, that Party shall, if so requested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory agreement on any necessary compensatory adjustment.
2. The complaining Party may suspend the application of benefits of equivalent effect to the Party complained against 30 days after the end of the reasonable period of time established in accordance with Article 16.14 (Implementation). Benefits shall not be suspended while the complaining Party is pursuing negotiations under paragraph 1.
3. Any suspension of benefits shall be restricted to benefits accruing to the other Party under this Agreement.
4. In considering what benefits to suspend under paragraph 2, the complaining Party:
(a) shall first seek to suspend benefits in the same sector or sectors as that affected by the measure or other matter that the Arbitral Tribunal has found to be inconsistent with this Agreement or caused nullification or impairment; and
(b) may suspend benefits in other sectors if it considers that it is not practicable or effective to suspend benefits in the same sector.
5. The suspension of benefits shall be temporary and shall only be applied until such time as it has been determined, in accordance with these procedures, that the measure found to be inconsistent with this Agreement has been brought into conformity, or the Party that must implement the Arbitral Tribunal’s findings and rulings has done so, or a mutually satisfactory solution is reached.
Compensation and Suspension of Benefits. If the Parties:
Compensation and Suspension of Benefits. If the Party complained against does not comply with a ruling of the arbitration panel referred to in Article 12.8, or notifies the complaining Party that it does not intend to comply with the final report that Party shall, if so requested by the complaining Party, enter into consultations with a view to agreeing on mutually acceptable compensation. If no such agreement has been reached within 20 days from receipt of the request, the complaining Party shall be entitled to suspend the application of benefits granted under this Agreement but only equivalent to those affected by the measure or matter that the arbitration panel has found to be inconsistent with this Agreement.
Compensation and Suspension of Benefits. In the event the original arbitral tribunal, or any of its members, is not available, the procedures established in Article 14.10 (Composition of the Arbitral Tribunal) shall apply. The ruling of the arbitral tribunal shall normally be rendered within 90 days of the request to the original arbitral tribunal or from the date of the appointment of the last arbitrator in the event that the original arbitral tribunal or any of its members is not available.
