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.
Appears in 4 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Compensation and Suspension of Benefits. 1. If the arbitration panel has found in accordance with paragraph 3 of Article 10.9 that the Party complained against fails failed to notify properly comply with the implementing measures before ruling in the expiry of the reasonable period of timefinal panel report, or notifies the Party complained against has notified the complaining Party that it is impracticabledoes not intend to comply with the ruling, 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 consultations with a view to reaching agreeing on a mutually satisfactory acceptable compensation.
2. If there is no such agreement on satisfactory compensation has been reached within 20 days of from the date of receipt of the request mentioned in paragraph 1request, the complaining Party may, by giving notification, shall be entitled to suspend the application of benefits conferred on the other Party granted under this Agreement but only equivalent to those affected by the measure or other matter that the arbitration panel has found to be inconsistent with 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.
42. In considering what concessions or other obligations benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should shall first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other sectors.
3. The complaining Party shall notify the Party complained against of the benefits which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from the date of receipt of that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits which the complaining Party intends to suspend are equivalent to those affected by the measure or matter found to be inconsistent with this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel shall be given within 45 days from the date of receipt of that request. Benefits shall not be suspended until the arbitration panel has given its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure or other obligations matter found to be inconsistent with respect this Agreement, has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the Parties to the same sector(s)dispute have resolved the dispute otherwise.
5. At the request of a Party to the dispute, it may suspend concessions the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits shall be terminated or other obligations with respect to other sectorsmodified. The notification ruling 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 arbitration panel shall be equivalent to given within 30 days from the level date of benefits receipt of that have been impairedrequest.
Appears in 4 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against concerned fails to notify properly comply with the implementing measures before ruling in the expiry of the final report within a 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 time as provided for in paragraph 3 1 of Article 12.13 (Implementation) rules 9.8, 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 consultations with a view to reaching agreeing on a mutually satisfactory acceptable compensation. If no such agreement has been reached within 20 days from 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.
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 benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other obligations with respect sectors.
3. The complaining Party shall notify the other party to the same sector(s)dispute of the benefits which it intends to suspend, it the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits which the complaining Party intends to suspend concessions or other obligations are equivalent to those affected by the measure found to be inconsistent with respect to other sectorsthis Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The notification ruling of the arbitration panel shall be given within 45 days from that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure or matter found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the dispute have resolved the dispute otherwise.
5. At the request of a party to the dispute, the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension pursuant to paragraph 2 shall indicate of benefits should be terminated or modified. The ruling of the reasons on which it is based; and
(c) the level of suspension referred to in paragraph 2 arbitration panel shall be equivalent to given within 30 days from the level date of benefits that have been impairedrequest.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
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 2If:
(a) the complaining Party should 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 (3) within 30 days of the commencement of consultations under Article 1810 (3); or
(c) the Parties have agreed on a mutually acceptable resolution under Article 1810 (3) and the Party which requested the establishment of the arbitral tribunal considers that the other Party has failed to observe the terms of such agreement, the Party which requested the establishment of an arbitral tribunal may at any time thereafter provide written notice to the other Party that it intends to suspend the application of benefits of equivalent effect to the non-conformity found by the tribunal. The notice shall specify the level of benefits that the Party proposes to suspend. The Party which requested the establishment of an arbitral tribunal may begin suspending benefits 30 days after the date on which it provides notice to the other Party.
2. Inconsidering what benefits to suspend under this Article:
(a) the Party which requested the establishment of an arbitral tribunal shall first seek to suspend the application of benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) tribunal has found to be inconsistent with this Agreement;
(b) the Party which requested the establishment of an arbitral tribunal may suspend the application of benefits in other sectors if the complaining Party it considers that it is not practicable or effective to suspend concessions or other obligations with respect to the application of benefits in 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 basedsector; and
(c) the Party which requested the establishment of the arbitral tribunal shall aim to ensure that the level of suspension referred of benefits is of equivalent effect to in paragraph 2 the non-conformity found by the tribunal. Any suspension of benefits under this Article shall be equivalent to temporary and shall only be applied until such time as the Party that must implement an arbitral tribunal's award has done so, or until a mutually satisfactory solution is reached.
3. If the Party complained against considers that:
(a) the level of benefits that have been impairedthe other Party has proposed to suspend under paragraph 2 is excessive; or
(b) it has eliminated the non-conformity found by the tribunal it may, within 30 days after the other Party provides notice under Paragraph 1, request that the tribunal be reconvened to consider this matter. The Party complained against shall deliver its request in writing to the other Party. The tribunal shall reconvene within 30 days after delivery of the request to the other Party and shall present its determination to the Parties within 90 days after it reconvenes. If the tribunal determines that the level of benefits proposed to be or actually suspended is excessive, it shall determine the level of benefits it considers to be of equivalent effect to the non-conformity found by the tribunal, adjusted to reflect any loss sustained by a Party as a result of excessive suspension.
4. The compliance tribunal's award shall be final and binding on the Parties.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against fails to notify the implementing measures before the expiry does not comply with a ruling of the reasonable period arbitration panel referred to in Article 11.8 (implementation of timethe Final Panel Report), or notifies the complaining Party party that it is impracticabledoes not intend to comply with the ruling in the final panel report, 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 Partyparty, enter into negotiations with the complaining Party consultations with a view to reaching agreeing on mutually satisfactory acceptable compensation.
2. If there is no such agreement on satisfactory compensation has been reached within 20 30 days of from the date of receipt of the request mentioned in paragraph 1request, the complaining Party may, by giving notification, shall be entitled to suspend the application of benefits conferred on the other Party granted under this Agreement. Such suspension shall Agreement but only take effect after 30 days of the notification.
3. The compensation referred equivalent 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 those affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;.
(b) if 2. In considering what benefits to suspend, the complaining Party should first xxxx to suspend benefits in the same sector or sectors as that affected by the measure that the arbitration panel has found to be inconsistent with this Agreement. The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other obligations sectors.
3. The complaining Party shall notify the Party complained against of the benefits, which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from the receipt of that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits, which the complaining Party intends to suspend are equivalent to those affected by the measure found to be inconsistent with respect this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel should be given within 45 days from the receipt of that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the same sector(s)dispute have resolved the dispute otherwise.
5. At the request of a party to the dispute, it may suspend concessions the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits should be terminated or other obligations with respect to other sectorsmodified. The notification ruling of such suspension pursuant to paragraph 2 shall indicate the reasons on which it is based; and
(c) arbitration panel should be given within 30 days from the level receipt of suspension referred to in paragraph 2 shall be equivalent to the level of benefits that have been impairedrequest.
Appears in 3 contracts
Samples: Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against fails to notify the implementing measures before the expiry does not comply with a ruling of the reasonable period of timearbitration panel referred to in Article 12.8, or notifies the complaining Party that it is impracticable, or does not intend to comply with the Arbitration Panel to which the matter is referred pursuant to paragraph 3 of Article 12.13 (Implementation) rules final report 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 consultations with a view to reaching agreeing on mutually satisfactory 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.
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 benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other obligations sectors.
3. The complaining Party shall notify the Party complained against of the benefits which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from receipt of that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits which the complaining Party intends to suspend are equivalent to those affected by the measure or matter found to be inconsistent with respect this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel shall be given within 45 days from receipt of that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure or matter found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the same sector(s)dispute have resolved the dispute otherwise.
5. At the request of a party to the dispute, it may suspend concessions the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits should be terminated or other obligations with respect to other sectorsmodified. The notification ruling 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 arbitration panel shall be equivalent to the level given within 30 days from receipt of benefits that have been impairedrequest.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Dispute Settlement Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against fails to notify the implementing measures before the expiry does not comply with a ruling of the reasonable period arbitration panel referred to in Article 13.9 (Implementation of timethe Final Panel Report), or notifies the complaining Party that it is impracticabledoes not intend to comply with the ruling in the final panel report, 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 consultations with a view to reaching agreeing on mutually satisfactory acceptable compensation. If no such agreement has been reached within 20 days from the 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 that the arbitration panel has found to be inconsistent with this Agreement.
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 benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other obligations sectors.
3. The complaining Party shall notify the Party complained against of the benefits, which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from the receipt of that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits, which the complaining Party intends to suspend are equivalent to those affected by the measure found to be inconsistent with respect this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel should be given within 45 days from the receipt of that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the same sector(s)dispute have resolved the dispute otherwise.
5. At the request of a party to the dispute, it may suspend concessions the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits should be terminated or other obligations with respect to other sectorsmodified. The notification ruling of such suspension pursuant to paragraph 2 shall indicate the reasons on which it is based; and
(c) arbitration panel should be given within 30 days from the level receipt of suspension referred to in paragraph 2 shall be equivalent to the level of benefits that have been impairedrequest.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Compensation and Suspension of Benefits. 1. If the Parties:-
(a) are unable to agree on the resolution of the dispute pursuant to paragraph 1 of Article 122 within 45 days of issuance of the final report; or
(b) have agreed on the resolution of the dispute pursuant to paragraph 1 of Article 122 and the Party complained against fails to notify implement or observe the implementing measures before the expiry terms 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 such agreement within the reasonable period of timetime as agreed, the Party complained against shall, if so requested by the complaining Party, shall enter into negotiations with the complaining Party with a view to reaching developing a mutually satisfactory compensationagreement on any necessary compensatory adjustment.
2. If there is no mutually satisfactory agreement on satisfactory compensation has been reached within 20 days after the request of the date of receipt of the request mentioned in paragraph 1complaining Party to enter into negotiations on developing such compensation, the complaining Party may, by giving notification, suspend may request the original arbitral tribunal to determine the appropriate level of any suspension of benefits conferred on the other Party under this Agreement. Such suspension Where the original tribunal cannot hear the matter for any reason, a new tribunal shall only take effect after 30 days of the notificationbe appointed under Article 118.
3. The compensation referred to in paragraph 1 and the Any suspension referred to in paragraph 2 of benefits shall be temporary measures. Neither compensation nor suspension is preferred restricted to full elimination of benefits granted to 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 reachedParty complained against under this Agreement.
4. In considering what concessions or other obligations benefits to suspend pursuant to under paragraph 22 of this Article:
(a) the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred arbitral tribunal has found to be inconsistent with this Agreement; and
(b) the complaining Party may suspend benefits in Article 12.11 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:
(Arbitration Panel Reporta) has the Party removes the measure 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 must implement 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 basedarbitral tribunal’s recommendations has done so; andor
(c) a mutually satisfactory solution is reached.
6. If the level of suspension referred to in paragraph 2 shall be equivalent to Party complained against considers that:
(a) the level of benefits that have been impairedthe complaining Party has proposed to be suspended is manifestly excessive; or
(b) it has eliminated the measure found to be inconsistent with this Agreement, it may request the original arbitral tribunal to determine the matter. The original arbitral tribunal shall present its determination to the Parties within 30 days after it reconvenes. Where the original arbitral tribunal cannot hear the matter for any reason, a new arbitral tribunal shall be appointed pursuant to the procedures set out in Article 118.
Appears in 3 contracts
Samples: Closer Economic Partnership Agreement, Closer Economic Partnership Agreement, Closer Economic Partnership Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against concerned fails to notify bring the implementing measures before measure found to be inconsistent with the expiry Agreement into compliance with the award 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 arbitral tribunal under paragraph 3 2 of Article 12.13 (Implementation) rules 15.11 within 20 days of the report of that arbitral tribunal being provided to the Parties, that 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 Partyrequested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory compensationacceptable compensation or solution.
2. If there is no agreement on satisfactory mutually acceptable compensation or solution has been reached within 20 days after the request of the date of receipt of the request mentioned in paragraph 1complaining Party to enter into negotiations on compensatory adjustment, the complaining Party may, by giving notification, suspend may request the original arbitral tribunal to determine the appropriate level of any suspension of benefits conferred on the other Party under this Agreement. Such suspension Where the original arbitral tribunal cannot hear the matter for any reason, a new tribunal shall only take effect after 30 days of the notificationbe appointed under Article 15.
3. The compensation referred to in paragraph 1 and the Any suspension referred to in paragraph 2 of benefits shall be temporary measures. Neither compensation nor suspension is preferred restricted to full elimination of benefits accruing to 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 reachedother Party under this Agreement.
4. In considering what concessions or other obligations benefits to suspend pursuant to under paragraph 2:
(a) the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitral tribunal has found to be inconsistent with this Agreement;Agreement or to have caused nullification or impairment; and
(b) if the complaining Party may suspend benefits in other sectors if it considers that it is not practicable or effective to suspend concessions benefits in the same sector.
5. The suspension of benefits shall be temporary and shall only be applied until such time as the measure found to be inconsistent with this Agreement has been removed, or other obligations the Party that must implement the arbitral tribunal’s award has done so, or a mutually acceptable compensation or solution is reached.
6. With respect to paragraph 5, any dispute between the Parties on whether a particular measure found by the arbitral tribunal to be inconsistent with respect this Agreement has been removed or brought into conformity with the arbitral tribunal’s award shall be referred to the same sector(s), it may suspend concessions or other obligations with respect to other sectorstribunal for a final decision. The notification of such suspension pursuant to paragraph 2 complaining Party shall indicate refer the reasons on which it is based; and
(c) the level of suspension referred to in paragraph 2 shall be equivalent matter to the level arbitral tribunal together with its submissions and the other Party shall respond within 15 days thereafter so that the arbitral tribunal can give its final decision within 15 days of benefits that have been impairedthe latter Party’s response.
Appears in 3 contracts
Samples: Comprehensive Economic Cooperation Agreement, Comprehensive Economic Cooperation Agreement, Dispute Settlement Agreement
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 2If:
(a) the complaining Party should which requested the establishment of an arbitral tribunal has not received any notice from the other Party under Article 17.10 (2); or
(b) the Parties are unable to agree on a mutually acceptable resolution under Article 17.10 (3) within 30 days of the commencement of consultations under Article 17.10 (3); or
(c) the Parties have agreed on a mutually acceptable resolution under Article 17.10 (3) and the Party which requested the establishment of the arbitral tribunal considers that the other Party has failed to observe the terms of such agreement, the Party which requested the establishment of an arbitral tribunal may at any time thereafter provide written notice to the other Party that it intends to suspend the application of benefits of equivalent effect to the non-conformity found by the tribunal. The notice shall specify the level of benefits that the Party proposes to suspend. The Party which requested the establishment of an arbitral tribunal may begin suspending benefits 30 days after the date on which it provides notice to the other Party.
2. In considering what benefits to suspend under this Article:
(a) the Party which requested the establishment of an arbitral tribunal shall first seek to suspend the application of benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) tribunal has found to be inconsistent with this Agreement;
(b) the Party which requested the establishment of an arbitral tribunal may suspend the application of benefits in other sectors if the complaining Party it considers that it is not practicable or effective to suspend concessions or other obligations with respect to the application of benefits in 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 basedsector; and
(c) the Party which requested the establishment of the arbitral tribunal shall aim to ensure that the level of suspension referred of benefits is of equivalent effect to in paragraph 2 the non-conformity found by the tribunal. Any suspension of benefits under this Article shall be equivalent to temporary and shall only be applied until such time as the Party that must implement an arbitral tribunal’s award has done so, or until a mutually satisfactory solution is reached.
3. If the Party complained against considers that:
(a) the level of benefits that have been impairedthe other Party has proposed to suspend under Paragraph 2 is excessive; or
(b) it has eliminated the non-conformity found by the arbitral tribunal, it may, within 30 days after the other Party provides notice under Paragraph 1, request that the tribunal be reconvened to consider this matter. The Party complained against shall deliver its request in writing to the other Party. The tribunal shall reconvene within 30 days after delivery of the request to the other Party and shall present its determination to the Parties within 90 days after it reconvenes. If the tribunal determines that the level of benefits proposed to be or actually suspended is excessive, it shall determine the level of benefits it considers to be of equivalent effect to the non-conformity found by the tribunal, adjusted to reflect any loss sustained by a Party as a result of excessive suspension.
4. The tribunal’s award under Paragraph 3 shall be final and binding on the Parties.
Appears in 2 contracts
Samples: Closer Economic Partnership Agreement, Closer Economic Partnership Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against concerned fails to notify bring the implementing measures before measure found to be inconsistent with the expiry Agreement into compliance with the recommendations of the reasonable period arbitral tribunal under Article 9.2 within 20 days of timethe report of that arbitral tribunal being provided to the Parties, or notifies the complaining that 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 Partyrequested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory compensationagreement on any necessary compensatory adjustment.
2. If there is no mutually satisfactory agreement on satisfactory compensation has been reached within 20 days after the request of the date of receipt of the request mentioned in paragraph 1complaining Party to enter into negotiations on compensatory adjustment, the complaining Party may, by giving notification, suspend may request the original arbitral tribunal to determine the appropriate level of any suspension of benefits conferred on the other Party under this Agreement. Such suspension Where the original arbitral tribunal cannot hear the matter for any reason, a new tribunal shall only take effect after 30 days be appointed under Article 4 (Appointment of the notificationArbitral Tribunals).
3. The compensation referred to in paragraph 1 and the Any suspension referred to in paragraph 2 of benefits shall be temporary measures. Neither compensation nor suspension is preferred restricted to full elimination of benefits accruing to 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 reachedother Party under this Agreement.
4. In considering what concessions or other obligations benefits to suspend pursuant to paragraph 2under Article 10.2:
(a) the complaining Party having invoked the dispute settlement procedures should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitral tribunal has found to be inconsistent with this Agreement;Agreement or to have caused nullification or impairment; and
(b) the Party having invoked the dispute settlement procedures may suspend benefits in other sectors if the complaining Party it considers that it is not practicable or effective to suspend concessions or other obligations with respect to benefits in the same sector(s), it may suspend concessions or other obligations with respect to other sectorssector.
5. The notification suspension 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 benefits shall be equivalent temporary and shall only be applied until such time as the measure found to be inconsistent with this Agreement has been removed, or the level of benefits Party that have been impairedmust implement the arbitral tribunal’s recommendations has done so, or a mutually satisfactory solution is reached.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
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 2If:
(a) the complaining Party should which requested the establishment of an arbitral tribunal has not received any notice from the other Party under Article 17.10 (2); or
(b) the Parties are unable to agree on a mutually acceptable resolution under Article 17.10 (3) within 30 days of the commencement of consultations under Article 17.10 (3); or
(c) the Parties have agreed on a mutually acceptable resolution under Article 17.10 (3) and the Party which requested the establishment of the arbitral tribunal considers that the other Party has failed to observe the terms of such agreement, the Party which requested the establishment of an arbitral tribunal may at any time thereafter provide written notice to the other Party that it intends to suspend the application of benefits of equivalent effect to the non-conformity found by the tribunal. The notice shall specify the level of benefits that the Party proposes to suspend. The Party which requested the establishment of an arbitral tribunal may begin suspending benefits 30 days after the date on which it provides notice to the other Party.
2. In considering what benefits to suspend under this Article:
(a) the Party which requested the establishment of an arbitral tribunal shall first seek to suspend the application of benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) tribunal has found to be inconsistent with this Agreement;
(b) the Party which requested the establishment of an arbitral tribunal may suspend the application of benefits in other sectors if the complaining Party it considers that it is not practicable or effective to suspend concessions or other obligations with respect to the application of benefits in 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 basedsector; and
(c) the Party which requested the establishment of the arbitral tribunal shall aim to ensure that the level of suspension referred of benefits is of equivalent effect to in paragraph 2 the non-conformity found by the tribunal. Any suspension of benefits under this Article shall be equivalent to temporary and shall only be applied until such time as the Party that must implement an arbitral tribunal’s award has done so, or until a mutually satisfactory solution is reached.
3. If the Party complained against considers that:
(a) the level of benefits that have been impairedthe other Party has proposed to suspend under Paragraph 2 is excessive; or
(b) it has eliminated the non-conformity found by the arbitral tribunal, it may, within 30 days after the other Party provides notice under Paragraph 1, request that the tribunal be reconvened to consider this matter. The Party complained against shall deliver its request in writing to the other Party. The tribunal shall reconvene within 30 days after delivery of the request to the other Party and shall present its determination to the Parties within 90 days after it reconvenes. If the tribunal determines that the level of benefits proposed to be or actually suspended is excessive, it shall determine the level of benefits it considers to be of equivalent effect to the non-conformity found by the tribunal, adjusted to reflect any loss sustained by a Party as a result of excessive suspension.
4. The tribunal’s award under Paragraph 3 shall be final and binding on the Parties.
Appears in 2 contracts
Samples: Closer Economic Partnership Agreement, Closer Economic Partnership Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against fails to notify the implementing measures before the expiry does not comply with a ruling of the reasonable period arbitration panel referred to in Article 9.8 (Implementation of timethe Final Panel Report), or notifies the complaining Party that it is impracticabledoes not intend to comply with the ruling in the final panel report, 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 consultations with a view to reaching agreeing on mutually satisfactory acceptable compensation. If no such agreement has been reached within 20 days from the 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 that the arbitration panel has found to be inconsistent with this Agreement.
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 benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend benefits in the same sector or sectors may suspend benefits in other sectors. The complaining Party will take into consideration those concessions or other obligations the suspension of which would least disturb the functioning of this Agreement.
3. The complaining Party shall notify the Party complained against of the benefits which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from the receipt of that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits which the complaining Party intends to suspend are equivalent to those affected by the measure found to be inconsistent with respect this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel should be given within 45 days from the receipt of that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the same sector(s)dispute have resolved the dispute otherwise.
5. At the request of a party to the dispute, it may suspend concessions the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits should be terminated or other obligations with respect to other sectorsmodified. The notification ruling of such suspension pursuant to paragraph 2 shall indicate the reasons on which it is based; and
(c) arbitration panel should be given within 30 days from the level receipt of suspension referred to in paragraph 2 shall be equivalent to the level of benefits that have been impairedrequest.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against concerned fails to notify bring the implementing measures before measure found to be inconsistent with the expiry Agreement into compliance with the award 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 arbitral tribunal under paragraph 3 2 of Article 12.13 (Implementation) rules 15.11 within 20 days of the report of that arbitral tribunal being provided to the Parties, that 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 Partyrequested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory compensationacceptable compensation or solution.
2. If there is no agreement on satisfactory mutually acceptable compensation or solution has been reached within 20 days after the request of the date of receipt of the request mentioned in paragraph 1complaining Party to enter into negotiations on compensatory adjustment, the complaining Party may, by giving notification, suspend may request the original arbitral tribunal to determine the appropriate level of any suspension of benefits conferred on the other Party under this Agreement. Such suspension Where the original arbitral tribunal cannot hear the matter for any reason, a new tribunal shall only take effect after 30 days of the notificationbe appointed under Article 15.5.
3. The compensation referred to in paragraph 1 and the Any suspension referred to in paragraph 2 of benefits shall be temporary measures. Neither compensation nor suspension is preferred restricted to full elimination of benefits accruing to 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 reachedother Party under this Agreement.
4. In considering what concessions or other obligations benefits to suspend pursuant to under paragraph 2:
(a) the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitral tribunal has found to be inconsistent with this Agreement;Agreement or to have caused nullification or impairment; and
(b) if the complaining Party may suspend benefits in other sectors if it considers that it is not practicable or effective to suspend concessions benefits in the same sector.
5. The suspension of benefits shall be temporary and shall only be applied until such time as the measure found to be inconsistent with this Agreement has been removed, or other obligations the Party that must implement the arbitral tribunal’s award has done so, or a mutually acceptable compensation or solution is reached.
6. With respect to paragraph 5, any dispute between the Parties on whether a particular measure found by the arbitral tribunal to be inconsistent with respect this Agreement has been removed or brought into conformity with the arbitral tribunal’s award shall be referred to the same sector(s), it may suspend concessions or other obligations with respect to other sectorstribunal for a final decision. The notification of such suspension pursuant to paragraph 2 complaining Party shall indicate refer the reasons on which it is based; and
(c) the level of suspension referred to in paragraph 2 shall be equivalent matter to the level arbitral tribunal together with its submissions and the other Party shall respond within 15 days thereafter so that the arbitral tribunal can give its final decision within 15 days of benefits that have been impairedthe latter Party’s response.
Appears in 2 contracts
Samples: Comprehensive Economic Cooperation Agreement, Comprehensive Economic Cooperation Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against fails to notify the implementing measures before the expiry does not comply with either of the reasonable period rulings of timethe arbitration panel referred to in Article 12.9, or notifies the complaining Party that it is impracticabledoes not intend to comply with the final report, 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 upon request by the complaining Party, enter into negotiations with the complaining Party consultations with a view to reaching agreeing on mutually satisfactory acceptable compensation. If no such agreement has been reached within 20 days from the date 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 that the arbitration panel has found to be inconsistent with this Agreement.
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 benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other obligations with respect sectors.
3. The complaining Party shall notify the other party to the same sector(s)dispute of the benefits which it intends to suspend, it the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits which the complaining Party intends to suspend concessions or other obligations are equivalent to those affected by the measure found to be inconsistent with respect to other sectorsthis Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The notification ruling of the arbitration panel shall be given within 45 days from that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the dispute have resolved the dispute otherwise.
5. Upon request of a party to the dispute, the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension pursuant to paragraph 2 shall indicate of benefits should be terminated or modified. The ruling of the reasons on which it is based; and
(c) the level of suspension referred to in paragraph 2 arbitration panel shall be equivalent given within 30 days from that request.
6. Unless otherwise specified in this Agreement, the dispute settlement chapter may be invoked in respect of measures affecting the observance of this Agreement taken by the regional and local governments or authorities of the Parties. When the arbitration panel has ruled that a provision of this Agreement has not been observed, the responsible Party shall take such reasonable measures as may be available to the level it to ensure its observance. The provisions relating to compensation and suspension of benefits that have apply in cases where it has not been impairedpossible to secure such observance.
Appears in 2 contracts
Samples: Trade and Economic Partnership Agreement, Trade and Economic Partnership Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against concerned fails to notify comply with the implementing measures before the expiry of the decision within a reasonable period of timetime and the Parties have not agreed on any compensation, or notifies the complaining other Party that it is impracticablemay, until the decision has been properly implemented or the Arbitration Panel dispute has been otherwise resolved, and subject to which a prior notification of 30 days, suspend the matter is referred pursuant application of benefits granted under this Agreement, but only equivalent to paragraph 3 of Article 12.13 (Implementation) rules those affected by the measure that the Party complained against arbitration panel has failed found 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 compensationviolate this Agreement.
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 and obligations to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should shall first seek to suspend benefits with respect to concessions and obligations in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;
(b) if . If the complaining Party considers that it is not practicable or effective to suspend concessions or other and obligations with respect to in the same sector(s)sector or sectors, it may suspend concessions or other and obligations with respect to in other sectors. The In such a case, the complaining Party shall include in its notification announcing the suspension of such concessions or obligations the reasons for its decision.
3. In its notification announcing the suspension pursuant to paragraph 2 of concessions or obligations, the complaining Party shall indicate the reasons on concessions or obligations which it intends to suspend, the grounds for such suspension and when suspension will commence. Within 15 days from the receipt of that notification, the Party complained against may request the arbitration panel to rule on whether the concessions or obligations which the complaining Party intends to suspend are equivalent to those affected by the measure found to be inconsistent with this Agreement, and whether the proposed suspension is based; and
(c) in accordance with paragraphs 1 and 2. The ruling of the level of suspension referred to in paragraph 2 arbitration panel shall be equivalent given within 60 days from the receipt of that request. Concessions or obligations shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the Parties have resolved the dispute otherwise. To this end, if the Party complained against considers that it has eliminated the non-conformity that the arbitration panel has found, it may provide written notice to the level complaining Party with a description of how non-conformity has been removed.
5. Any dispute regarding the implementation of the decision or the notified suspension shall be decided by the arbitration panel upon request of either Party before compensation can be sought or suspension of benefits that have been impairedcan be applied. The arbitration panel may also rule on the conformity with the decision of any implementing measures adopted after the suspension of benefits and whether the suspension of benefits should be terminated or modified. The ruling of the arbitration panel under this paragraph shall normally be given within 45 days from the date of receipt of the request.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against fails to notify the implementing measures before the expiry does not comply with a ruling of the reasonable period arbitration panel referred to in Article 11.8 (Implementation of timethe Final Panel Report), or notifies the complaining Party that it is impracticabledoes not intend to comply with the ruling in the final panel report, 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 consultations with a view to reaching agreeing on mutually satisfactory acceptable compensation. If such consultations have been requested and no such agreement has been reached within 20 days from the 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 that the arbitration panel has found to be inconsistent with this Agreement.
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 benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other obligations sectors.
3. The complaining Party shall notify the Party complained against of the benefits which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from the receipt of that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits which the complaining Party intends to suspend are equivalent to those affected by the measure found to be inconsistent with respect this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel should be given within 45 days from the receipt of that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the same sector(s)dispute have resolved the dispute otherwise.
5. Upon request of a party to the dispute, it may suspend concessions the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits should be terminated or other obligations with respect to other sectorsmodified. The notification ruling of such suspension pursuant to paragraph 2 shall indicate the reasons on which it is based; and
(c) arbitration panel should be given within 30 days from the level receipt of suspension referred to in paragraph 2 shall be equivalent to the level of benefits that have been impairedrequest.
Appears in 2 contracts
Samples: Free Trade Agreement, Free Trade Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against concerned fails to notify bring the implementing measures before measure found to be inconsistent with the expiry Agreement into compliance with the award 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 arbitral tribunal under paragraph 3 2 of Article 12.13 (Implementation) rules 15.11 within 20 days of the report of that arbitral tribunal being provided to the Parties, that 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 Partyrequested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory compensationacceptable compensation or solution.
2. If there is no agreement on satisfactory mutually acceptable compensation or solution has been reached within 20 days after the request of the date of receipt of the request mentioned in paragraph 1complaining Party to enter into negotiations on compensatory adjustment, the complaining Party may, by giving notification, suspend may request the original arbitral tribunal to determine the appropriate level of any suspension of benefits conferred on conferred
3. Any suspension of benefits shall be restricted to benefits accruing to 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 benefits to suspend pursuant to under paragraph 2:
(a) the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitral tribunal has found to be inconsistent with this Agreement;Agreement or to have caused nullification or impairment; and
(b) if the complaining Party may suspend benefits in other sectors if it considers that it is not practicable or effective to suspend concessions benefits in the same sector.
5. The suspension of benefits shall be temporary and shall only be applied until such time as the measure found to be inconsistent with this Agreement has been removed, or other obligations the Party that must implement the arbitral tribunal’s award has done so, or a mutually acceptable compensation or solution is reached.
6. With respect to paragraph 5, any dispute between the Parties on whether a particular measure found by the arbitral tribunal to be inconsistent with respect this Agreement has been removed or brought into conformity with the arbitral tribunal’s award shall be referred to the same sector(s), it may suspend concessions or other obligations with respect to other sectorstribunal for a final decision. The notification of such suspension pursuant to paragraph 2 complaining Party shall indicate refer the reasons on which it is based; and
(c) the level of suspension referred to in paragraph 2 shall be equivalent matter to the level arbitral tribunal together with its submissions and the other Party shall respond within 15 days thereafter so that the arbitral tribunal can give its final decision within 15 days of benefits that have been impairedthe latter Party’s response.
Appears in 2 contracts
Samples: Comprehensive Economic Cooperation Agreement, Dispute Settlement Agreement
Compensation and Suspension of Benefits. 1. If a disputing Party does not comply with the Party complained against fails to notify the implementing measures before the expiry rulings of the reasonable period of time, or notifies the complaining Party that it is impracticable, or the Arbitration Arbitral 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 timetime determined in accordance with Article 14.14 of this Agreement, or notifies the other disputing Party complained against that it does not intend to do so, and/or if the original Arbitral Panel determines that a disputing Party did not comply with the rulings of the Arbitral Panel in accordance with Article 14.14 of this Agreement, such disputing Party shall, if so requested by the complaining other disputing Party, enter into negotiations with the complaining Party consultations with a view to reaching agreeing on a mutually satisfactory acceptable compensation.
2. If there is no such agreement on satisfactory compensation has been reached within 20 days of from the date of receipt of the request mentioned in paragraph 1request, the complaining other disputing Party may, shall be entitled to suspend the application of benefits granted under this Agreement in respect of the responding Party but only equivalent to those affected by giving notification, suspend benefits conferred on the other Party under measure that the Arbitral Panel has found not to be in conformity with this Agreement. Such In considering what benefits to suspend, a disputing Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure that the Arbitral Panel has found not to be in conformity with this Agreement. If such disputing Party considers that it is not practicable or effective to suspend benefits in the same sector or sectors it may suspend benefits in other sectors. A disputing Party shall notify the other disputing Party of the benefits which it intends to suspend, the grounds for such suspension shall only take effect after and when suspension will commence at least 30 days before the date on which the suspension is due to take effect. Within 15 days from the receipt of such notification, the other disputing Party may request the original Arbitral Panel to rule on whether the benefits which a disputing Party intends to suspend are equivalent to those affected by the measure found not to be in conformity with this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2 of this Article. The rulings of the notification.
3Arbitral Panel shall be given within 45 days from the receipt of such request and shall be final and binding to the disputing Parties. The compensation referred to in paragraph 1 and Benefits shall not be suspended until the Arbitral Panel has issued its rulings. Compensation and/or suspension referred to in paragraph 2 of benefits shall be temporary measures. Neither compensation nor suspension is and shall not be preferred to full elimination of the non-conformity as determined in the final report of the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report)Arbitral Panel. The Compensation and/or suspension shall only be applied by a disputing Party 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 not to be inconsistent in conformity with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement;
(b) if , or until the complaining Party considers that it is not practicable disputing Parties have resolved the dispute otherwise. Upon request of a disputing Party, the original Arbitral Panel shall rule on the conformity with the final report of any implementing measure adopted after the suspension of benefits and, in light of such rulings, whether the suspension of benefits should be terminated 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 sectorsmodified. The notification rulings of the Arbitral Panel shall be made within 30 days from the date of the receipt 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 impairedrequest.
Appears in 1 contract
Samples: Free Trade Agreement
Compensation and Suspension of Benefits. 1. If If: (a) the Party complained against fails which requested the establishment of an arbitral tribunal has not received any notice from the other Party under Article 17.10 (2); or (b) the Parties are unable to notify the implementing measures before the expiry agree on a mutually acceptable resolution under Article 17.10 (3) within 30 days of the reasonable period commencement of timeconsultations under Article 17.10 (3); or (c) the Parties have agreed on a mutually acceptable resolution under Article 17.10 (3) and the Party which requested the establishment of the arbitral tribunal considers that the other Party has failed to observe the terms of such agreement, or notifies the complaining Party which requested the establishment of an arbitral tribunal may at any time thereafter provide written notice to the other Party that it is impracticable, or intends to suspend the Arbitration Panel application of benefits of equivalent effect 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 found by the reasonable period tribunal. The notice shall specify the level of time, benefits that the Party complained against shall, if so proposes to suspend. The Party which requested by the complaining establishment of an arbitral tribunal may begin suspending benefits 30 days after the date on which it provides notice to the other 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 benefits to suspend pursuant to paragraph 2under this Article:
(a) the complaining Party should which requested the establishment of an arbitral tribunal shall first seek to suspend the application of benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) tribunal has found to be inconsistent with this Agreement;
(b) the Party which requested the establishment of an arbitral tribunal may suspend the application of benefits in other sectors if the complaining Party it considers that it is not practicable or effective to suspend concessions or other obligations with respect to the application of benefits in 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 basedsector; and
(c) the Party which requested the establishment of the arbitral tribunal shall aim to ensure that the level of suspension referred of benefits is of equivalent effect to in paragraph 2 shall be equivalent to the non-conformity found by the tribunal.
3. If the Party complained against considers that:
(a) the level of benefits that have been impairedthe other Party has proposed to suspend under Paragraph 2 is excessive; or
(b) it has eliminated the non-conformity found by the arbitral tribunal, it may, within 30 days after the other Party provides notice under Paragraph 1, request that the tribunal be reconvened to consider this matter. The Party complained against shall deliver its request in writing to the other Party. The tribunal shall reconvene within 30 days after delivery of the request to the other Party and shall present its determination to the Parties within 90 days after it reconvenes. If the tribunal determines that the level of benefits proposed to be or actually suspended is excessive, it shall determine the level of benefits it considers to be of equivalent effect to the non-conformity found by the tribunal, adjusted to reflect any loss sustained by a Party as a result of excessive suspension.
4. The tribunal’s award under Paragraph 3 shall be final and binding on the Parties.
Appears in 1 contract
Compensation and Suspension of Benefits. 1. If the Parties:
(a) are unable to agree on the resolution of the dispute pursuant to paragraph 1 of Article 122 within 45 days of issuance of the final report; or
(b) have agreed on the resolution of the dispute pursuant to paragraph 1 of Article 122 and the Party complained against fails to notify implement or observe the implementing measures before the expiry terms 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 such agreement within the reasonable period of timetime as agreed, the Party complained against shall, if so requested by the complaining Party, shall enter into negotiations with the complaining Party with a view to reaching developing a mutually satisfactory compensationagreement on any necessary compensatory adjustment.
2. If there is no mutually satisfactory agreement on satisfactory compensation has been reached within 20 days after the request of the date of receipt of the request mentioned in paragraph 1complaining Party to enter into negotiations on developing such compensation, the complaining Party may, by giving notification, suspend may request the original arbitral tribunal to determine the appropriate level of any suspension of benefits conferred on the other Party under this Agreement. Such suspension Where the original tribunal cannot hear the matter for any reason, a new tribunal shall only take effect after 30 days of the notificationbe appointed under Article 118.
3. The compensation referred to in paragraph 1 and the Any suspension referred to in paragraph 2 of benefits shall be temporary measures. Neither compensation nor suspension is preferred restricted to full elimination of benefits granted to 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 reachedParty complained against under this Agreement.
4. In considering what concessions or other obligations benefits to suspend pursuant to under paragraph 22 of this Article:
(a) the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred arbitral tribunal has found to be inconsistent with this Agreement; and
(b) the complaining Party may suspend benefits in Article 12.11 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:
(Arbitration Panel Reporta) has the Party removes the measure 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 must implement 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 basedarbitral tribunal's recommendations has done so; andor
(c) a mutually satisfactory solution is reached.
6. If the level of suspension referred to in paragraph 2 shall be equivalent to Party complained against considers that:
(a) the level of benefits that have been impairedthe complaining Party has proposed to be suspended is manifestly excessive; or
(b) it has eliminated the measure found to be inconsistent with this Agreement, it may request the original arbitral tribunal to determine the matter. The original arbitral tribunal shall present its determination to the Parties within 30 days after it reconvenes. Where the original arbitral tribunal cannot hear the matter for any reason, a new arbitral tribunal shall be appointed pursuant to the procedures set out in Article 118.
Appears in 1 contract
Samples: Economic Partnership Agreement
Compensation and Suspension of Benefits. 1. If If, after the Party complained against fails to notify the implementing measures before the expiry expiration of the reasonable period of timetime established pursuant to Article 17.16.3, there is disagreement as to whether the Party complained against has eliminated the nonconformity, or notifies whether the Party complained against has notified the complaining Party that it does not intend to eliminate the nonconformity, the Party complained against shall, at the request of the complaining Party, enter into negotiations with a view to establishing mutually acceptable compensation.
2. Such compensation shall be of a temporary nature and shall be granted until the dispute is impracticablesettled.
3. If the Parties:
(a) do not agree to compensation in accordance with paragraph 1, or within thirty (30) days of the Arbitration Panel to which filing of the matter is referred request for compensation by the complaining Party, or
(b) have reached an agreement on compensation pursuant to paragraph 3 of this Article 12.13 (Implementation) rules and the complaining Party considers 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 comply with the complaining Party with a view to reaching mutually satisfactory compensation.
2. If there is no agreement on satisfactory compensation within 20 days terms of the date of receipt of the request mentioned in paragraph 1agreement reached, the complaining Party maymay notify the Party complained against, by giving notificationin writing, of its decision to suspend temporarily the benefits conferred on the and other Party equivalent obligations under this Agreement. Such suspension shall only take effect after 30 days of Agreement in order to secure compliance with 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 reachedaward.
4. In considering what concessions or other obligations to suspend pursuant to paragraph 2The communication shall specify:
(a) the date on which the suspension is to commence, in accordance with paragraph 6;
(b) the level of benefits or other equivalent obligations it proposes to suspend, and
(c) the limits within which the suspension will apply including which benefits or obligations under this Agreement will be suspended.
5. Suspension of benefits and other obligations shall be temporary, and may be applied only until such time as the nonconformity has been eliminated.
6. The complaining Party should may initiate the suspension of benefits thirty (30) days after the later of the date on which:
(a) make the communication in accordance with paragraph 3, or
(b) the arbitral tribunal notifies the award in accordance with Article 17.18.
7. In considering which benefits to suspend pursuant to this Article, the complaining Party shall apply the following principles:
(a) shall first seek to suspend the benefits with respect to or other obligations of this Agreement in the same sector(s) as that sector or sectors affected by the measure or other matter that found by the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) has found arbitral tribunal to be inconsistent with this Agreement;, and
(b) if the complaining Party it considers that it is not practicable impracticable or effective ineffective to suspend concessions benefits or other obligations with respect to in the same sector(s), it may suspend concessions benefits or other obligations with respect to in other sectorssectors of this Agreement. The notification of communication announcing such suspension pursuant to paragraph 2 a decision shall indicate state the reasons on which it the decision 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.
Appears in 1 contract
Samples: Free Trade Agreement
Compensation and Suspension of Benefits. 1. If a disputing Party does not comply with the Party complained against fails to notify the implementing measures before the expiry rulings of the reasonable period of time, or notifies the complaining Party that it is impracticable, or the Arbitration Arbitral 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 timetime determined in accordance with Article 14.14 of this Agreement, or notifies the other disputing Party complained against that it does not intend to do so, and/or if the original Arbitral Panel determines that a disputing Party did not comply with the rulings of the Arbitral Panel in accordance with Article 14.14 of this Agreement, such disputing Party shall, if so requested by the complaining other disputing Party, enter into negotiations with the complaining Party consultations with a view to reaching agreeing on a mutually satisfactory acceptable compensation.
2. If there is no such agreement on satisfactory compensation has been reached within 20 days of from the date of receipt of the request mentioned in paragraph 1request, the complaining other disputing Party may, shall be entitled to suspend the application of benefits granted under this Agreement in respect of the responding Party but only equivalent to those affected by giving notification, suspend benefits conferred on the other Party under measure that the Arbitral Panel has found not to be in conformity with this Agreement. Such In considering what benefits to suspend, a disputing Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure that the Arbitral Panel has found not to be in conformity with this Agreement. If such disputing Party considers that it is not practicable or effective to suspend benefits in the same sector or sectors it may suspend benefits in other sectors. A disputing Party shall notify the other disputing Party of the benefits which it intends to suspend, the grounds for such suspension shall only take effect after and when suspension will commence at least 30 days before the date on which the suspension is due to take effect. Within 15 days from the receipt of such notification, the other disputing Party may request the original Arbitral Panel to rule on whether the benefits which a disputing Party intends to suspend are equivalent to those affected by the measure found not to be in conformity with this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2 of this Article. The rulings of the notification.
3Arbitral Panel shall be given within 45 days from the receipt of suchrequest and shall be final and binding to the disputing Parties. The compensation referred to in paragraph 1 and Benefits shall not be suspended until the Arbitral Panel has issued its rulings. Compensation and/or suspension referred to in paragraph 2 of benefits shall be temporary measures. Neither compensation nor suspension is and shall not be preferred to full elimination of the non-conformity as determined in the final report of the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report)Arbitral Panel. The Compensation and/or suspension shall only be applied by a disputing Party 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 not to be inconsistent in conformity with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement;
(b) if , or until the complaining Party considers that it is not practicable disputing Parties have resolved the dispute otherwise. Upon request of a disputing Party, the original Arbitral Panel shall rule on the conformity with the final report of any implementing measure adopted after the suspension of benefits and, in light of such rulings, whether the suspension of benefits should be terminated 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 sectorsmodified. The notification rulings of the Arbitral Panel shall be made within 30 days from the date of the receipt 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 impairedrequest.
Appears in 1 contract
Samples: Free Trade Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against concerned fails to notify properly comply with the implementing measures before determination or recommendation in the expiry of the final report within a 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 time as provided for in paragraph 3 1 of Article 12.13 (Implementation) rules 10.16, 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 consultations with a view to reaching agreeing on a mutually satisfactory acceptable compensation. If no such agreement has been reached within 20 days from 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 Arbitral Tribunal has found to be inconsistent with this Agreement.
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 benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) Arbitral Tribunal has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other obligations with respect sectors.
3. The complaining Party shall notify the other Party to the same sector(s)dispute of the benefits which it intends to suspend, it the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from that notification, the Party complained against may request the original Arbitral Tribunal to rule on whether the benefits which the complaining Party intends to suspend concessions are equivalent to those affected by the measure found to be inconsistent with this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. In the event the original Arbitral Tribunal, or other obligations with respect to other sectorsany of its members, is not available, the procedures established in Article 10.11 shall apply. The notification ruling of the Arbitral Tribunal shall be given within 45 days from that request. Benefits shall not be suspended until the Arbitral Tribunal has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure or matter found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the Parties have settled the dispute otherwise.
5. At the request of a Party, the original Arbitral Tribunal shall rule on the conformity with the determination or recommendation of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension pursuant to paragraph 2 of benefits should be terminated or modified. In the event the original Arbitral Tribunal, or any of its members, is not available, the procedures established in Article 10.11 shall indicate apply. The ruling of the reasons on which it is based; and
(c) the level of suspension referred to in paragraph 2 Arbitral Tribunal shall be equivalent to given within 30 days from the level date of benefits that have been impairedrequest.
Appears in 1 contract
Samples: Free Trade Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against concerned fails to notify bring the implementing measures before measure found to be inconsistent with the expiry Agreement into compliance with the decision 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 arbitral tribunal under Article 12.13 (Implementation) rules that the Party complained against has failed to eliminate the non-conformity 15.12 within the reasonable period of timetime established in accordance with Article 15.13, the that Party complained against shall, if so requested by the complaining Partyrequested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory compensationagreement on any necessary compensatory adjustment.
2. If there the arbitral tribunal decides that a Party’s measure is no agreement on satisfactory compensation causing nullification or impairment in the sense of Annex 15.A and the nullification or impairment is not addressed within 20 days the reasonable period of the date of receipt of the request mentioned time established in paragraph 1accordance with Article 15.13, that Party shall, if so requested, enter into negotiations with the complaining Party may, by giving notification, suspend benefits conferred with a view to reaching a mutually satisfactory agreement on the other Party under this Agreement. Such suspension shall only take effect after 30 days of the notificationany necessary compensatory adjustment.
3. The compensation referred 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 paragraph accordance with Article 15.13. Benefits may not be suspended while the complaining Party is pursuing negotiations under Paragraphs 1 or 2.
4. Compensation and the suspension referred to in paragraph 2 of benefits shall be temporary measures. Neither compensation nor the suspension of benefits is preferred to full elimination implementation of the non-a decision to bring a measure into conformity as determined in the report with this Agreement. Compensation and suspension of the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report). The suspension benefits shall only be applied until such time as the non-conformity is fully eliminated measure found to be inconsistent with this Agreement has been removed, or the Party that must implement the arbitral tribunal’s decision has done so, or a mutually satisfactory solution is reached.
45. In considering what concessions or other obligations benefits to suspend pursuant to paragraph 2Paragraph 3:
(a) the complaining Party should first seek to suspend benefits with respect to in 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) arbitral tribunal has found to be inconsistent with the obligations derived of this Agreement;Agreement or to have caused nullification or impairment in the sense of Annex 15.A; and
(b) if the complaining Party considers that it is not practicable or effective to suspend concessions or other obligations with respect to benefits in the same sector(s), it may suspend concessions or other obligations with respect to benefits in other sectors. The notification of communication in which it announces such suspension pursuant to paragraph 2 a decision shall indicate the reasons on which it is based; and.
(c) 6. Upon written request of the level of suspension referred to in paragraph 2 Party concerned, the original arbitral tribunal shall be equivalent to determine whether the level of benefits that have been impairedsuspended by the complaining Party is excessive pursuant to Paragraph 3. If the arbitral tribunal cannot be established with its original arbitrators, the proceeding set out in Article 15.7 shall be applied.
7. The arbitral tribunal shall present its determination within 60 days from the request made pursuant to Paragraph 6, or if an arbitral tribunal cannot be established with its original arbitrators, from the date on which the last arbitrator is selected. The ruling of the arbitral tribunal shall be final and binding. It shall be delivered to the disputing Parties and be made publicly available.
Appears in 1 contract
Samples: Dispute Settlement Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against fails to notify concerned does not comply with the implementing measures before the expiry of the report within a reasonable period of timetime as provided for in Article 14.14(1), or notifies the complaining Party that it is impracticabledoes not intend to do so, or if the Arbitration Panel to which the matter is referred pursuant to paragraph 3 of Article 12.13 (Implementation) rules arbitral tribunal determines that the responding Party complained against has failed to eliminate did not comply with the non-conformity within the reasonable period of timearbitral tribunal report in accordance with Article 14.14(2), the that Party complained against shall, if so requested by the complaining Party, enter into negotiations with the complaining Party consultations with a view to reaching agreeing on a mutually satisfactory acceptable compensation. If no such agreement has been reached within 20 days from the request, the complaining Party shall be entitled to suspend the application of benefits granted under this Agreement but only at a level equivalent to those affected by the measure or matter that the arbitral tribunal has found to be inconsistent with this Agreement.
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 benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitral tribunal has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions or other obligations with respect to benefits in the same sector(s), it sector or sectors may suspend concessions or other obligations with respect to benefits in other sectors.
3. The notification complaining Party shall notify the Party complained against of the benefits which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 20 days from the receipt of such notification, the Party complained against may request the original arbitral tribunal to rule on whether the benefits which the complaining Party intends to suspend are at a level equivalent to those affected by the measure found to be inconsistent with this Agreement, and whether the proposed suspension pursuant to paragraph 2 is in accordance with paragraphs 1 and 2. In the event that 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 indicate apply. The ruling of the reasons on which it is based; and
(c) the level of suspension referred to in paragraph 2 arbitral tribunal shall be equivalent to given within 45 days from the level receipt of such request. Benefits shall not be suspended until the arbitral tribunal has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure or matter found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the Parties have resolved the dispute otherwise.
5. At the request of a Party, the original arbitral tribunal shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits should be terminated or modified. 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 be given within 30 days from the date of that have been impairedrequest.
Appears in 1 contract
Samples: Dispute Settlement Agreement
Compensation and Suspension of Benefits. 1. If a failure to comply with the Party complained against fails to notify the implementing measures before the expiry findings and rulings of the reasonable period arbitral tribunal has been established in accordance with Paragraph 1 of time, Article 13 or the responding Party notifies the complaining other Party in writing that it is impracticable, or does not intend to comply with 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 timefindings and rulings, the responding Party complained against shall, if so requested by the complaining Partyrequested, enter into negotiations with the complaining Party within ten days of the receipt of such request with a view to reaching a mutually satisfactory compensationagreement on any necessary compensatory adjustment.
2. If there is no mutually satisfactory agreement on satisfactory compensation compensatory adjustment as set out in Paragraph 1 is reached within 20 days of the date of receipt of the request mentioned in paragraph 1entering into negotiations, the complaining Party may, by giving notification, may at any time thereafter notify the responding Party that it intends to suspend the application to the responding Party of benefits conferred on of equivalent effect and shall have the other Party under this Agreement. Such suspension shall only take effect after right to begin suspending those benefits 30 days after the receipt of the notification.
. Benefits shall not be suspended while the complaining Party is pursuing negotiations under Paragraph 1. 3. The compensation referred to in paragraph 1 Compensation and the suspension referred to in paragraph 2 of benefits shall be temporary measures. Neither compensation nor the suspension of benefits is preferred to full elimination compliance with the findings and rulings of the non-conformity as determined in the report arbitral tribunal. Compensation and suspension of the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report). The suspension benefits shall only be applied until such time as the non-measure found to be not in conformity is fully eliminated with this Agreement has been brought into conformity, or the responding Party has complied with the arbitral tribunal's findings and rulings, or a mutually satisfactory solution is reached.
4. In considering what concessions or other obligations benefits to suspend pursuant to paragraph Paragraph 2:
: (a) the complaining Party should shall first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitral tribunal has found to be inconsistent not in conformity with this Agreement;
Agreement or to have caused nullification or impairment; and (b) if the complaining Party may suspend benefits in other sectors if it considers that it is not practicable or effective to suspend concessions or other obligations with respect to benefits in the same sector(s), it may suspend concessions sector or other obligations with respect to other sectors. The notification of communication in which it announces such suspension pursuant to paragraph 2 a decision shall indicate the reasons on which it is based; and
(c) the level . 5. Any suspension of suspension referred to in paragraph 2 benefits shall be equivalent restricted to benefits accruing to the level of benefits that have been impairedother Party under this Agreement.
Appears in 1 contract
Compensation and Suspension of Benefits. 1. If the Party complained against fails to notify the implementing measures before the expiry does not comply with a ruling of the reasonable period arbitration panel referred to in Article 11.8 (Implementation of timethe Final Panel Report), or notifies the complaining Party that it is impracticabledoes not intend to comply with the final panel report, 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 consultations with a view to reaching agreeing on mutually satisfactory acceptable compensation.
2. If there is no such agreement on satisfactory compensation has been reached within 20 days of from the date of receipt of the request mentioned in paragraph 1request, the complaining Party may, by giving notification, shall be entitled to suspend the application of benefits conferred on the other Party 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. 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.
42. In considering what concessions or other obligations benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other obligations sectors.
3. The complaining Party shall notify the Party complained against of the benefits which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from the date of receipt of that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits which the complaining Party intends to suspend are equivalent to those affected by the measure or matter found to be inconsistent with respect this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel shall be given within 45 days from the date of receipt of that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure or matter found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the same sector(s)dispute have resolved the dispute otherwise.
5. At the request of a party to the dispute, it may suspend concessions the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits should be terminated or other obligations with respect to other sectorsmodified. The notification ruling 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 arbitration panel shall be equivalent to given within 30 days from the level date of benefits receipt of that have been impairedrequest.
Appears in 1 contract
Compensation and Suspension of Benefits. 1. If the Party complained against concerned fails to notify bring the implementing measures before measure found to be inconsistent with the expiry Agreement into compliance with the award 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 arbitral tribunal under paragraph 3 2 of Article 12.13 (Implementation) rules 15.11 within 20 days of the report of that arbitral tribunal being provided to the Parties, that 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 Partyrequested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory compensationacceptable compensation or solution.
2. If there is no agreement on satisfactory mutually acceptable compensation or solution has been reached within 20 days after the request of the date of receipt of the request mentioned in paragraph 1complaining Party to enter into negotiations on compensatory adjustment, the complaining Party may, by giving notification, suspend may request the original arbitral tribunal to determine the appropriate level of any suspension of benefits conferred on the other Party under this Agreement. Such suspension Where the original arbitral tribunal cannot hear the matter for any reason, a new tribunal shall only take effect after 30 days of the notificationbe appointed under Article 15.5.
3. The compensation referred to in paragraph 1 and the Any suspension referred to in paragraph 2 of benefits shall be temporary measures. Neither compensation nor suspension is preferred restricted to full elimination of benefits accruing to 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 reachedother Party under this Agreement.
4. In considering what concessions or other obligations benefits to suspend pursuant to under paragraph 2:
(a) the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitral tribunal has found to be inconsistent with this Agreement;Agreement or to have caused nullification or impairment; and
(b) if the complaining Party may suspend benefits in other sectors if it considers that it is not practicable or effective to suspend concessions benefits in the same sector.
5. The suspension of benefits shall be temporary and shall only be applied until such time as the measure found to be inconsistent with this Agreement has been removed, or other obligations the Party that must implement the arbitral tribunal's award has done so, or a mutually acceptable compensation or solution is reached.
6. With respect to paragraph 5, any dispute between the Parties on whether a particular measure found by the arbitral tribunal to be inconsistent with respect this Agreement has been removed or brought into conformity with the arbitral tribunal's award shall be referred to the same sector(s), it may suspend concessions or other obligations with respect to other sectorstribunal for a final decision. The notification of such suspension pursuant to paragraph 2 complaining Party shall indicate refer the reasons on which it is based; and
(c) the level of suspension referred to in paragraph 2 shall be equivalent matter to the level arbitral tribunal together with its submissions and the other Party shall respond within 15 days thereafter so that the arbitral tribunal can give its final decision within 15 days of benefits that have been impairedthe latter Partyâs response.
Appears in 1 contract
Compensation and Suspension of Benefits. 1. If the Party complained against fails to notify the implementing measures before the expiry does not comply with a ruling of the reasonable period arbitration panel referred to in Article 11.8 (Implementation of timethe Final Panel Report), or notifies the complaining Party party that it is impracticabledoes not intend to comply with the ruling in the final panel report, 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 Partyparty, enter into negotiations with the complaining Party consultations with a view to reaching agreeing on mutually satisfactory acceptable compensation. If no such agreement has been reached within 30 days from the 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 that the arbitration panel has found to be inconsistent with this Agreement.
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 benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other obligations sectors.
3. The complaining Party shall notify the Party complained against of the benefits, which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from the receipt of that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits, which the complaining Party intends to suspend are equivalent to those affected by the measure found to be inconsistent with respect this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel should be given within 45 days from the receipt of that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the same sector(s)dispute have resolved the dispute otherwise.
5. At the request of a party to the dispute, it may suspend concessions the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits should be terminated or other obligations with respect to other sectorsmodified. The notification ruling of such suspension pursuant to paragraph 2 shall indicate the reasons on which it is based; and
(c) arbitration panel should be given within 30 days from the level receipt of suspension referred to in paragraph 2 shall be equivalent to the level of benefits that have been impairedrequest.
Appears in 1 contract
Compensation and Suspension of Benefits. 1. If the Party complained against fails to notify the implementing measures before the expiry of If:
(a) the reasonable period of timetime has expired and the defendant fails to give notice that it has complied; or,
(b) the arbitral tribunal, pursuant to Article 14.14 concludes that there are no measures designed to comply with the decision, or notifies such measures are inconsistent with this Agreement, the complaining Party that party may suspend, vis-a-vis the responding party, concessions or other obligations under this Agreement equivalent to the level of nullification or impairment as a result of a measure contrary or inconsistent with the provisions of these instruments. For this purpose, it is impracticable, or shall give written notice of such intention to the Arbitration Panel responding party at least 60 days prior to which the matter is referred pursuant to paragraph 3 entry into force of Article 12.13 (Implementation) rules that the Party complained against has failed to eliminate measures.
2. At any time after the non-conformity within delivery of the reasonable period final report of timethe arbitral tribunal, the Party complained against shall, if so requested by the complaining Party, disputing parties may agree to enter into negotiations with the complaining Party with a view to reaching finding mutually satisfactory compensation.
2acceptable compensation on a temporary basis until the measure in dispute is brought into conformity. If there is no agreement on satisfactory compensation within 20 days Unless the disputing parties agree otherwise, such negotiation shall not suspend proceedings already initiated, in particular those referred to in Articles 14.14, 14.15.7 and 14.16, nor shall it preclude the complaining party from availing itself of the date of receipt of the request mentioned right set forth 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. Compensation and suspension of concessions or other obligations are temporary measures and in no case preferable to the full implementation of the arbitral tribunal's decision to bring the measure into conformity with this Agreement. 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 benefits shall only apply until the measure found to be applied until such time as inconsistent with this Agreement has been removed, or the non-conformity is fully eliminated or disputing parties have reached a mutually satisfactory solution is reachedsolution.
4. In considering what concessions or other obligations which benefits to suspend pursuant to paragraph 21, the complaining party:
(a) the complaining Party should shall first seek to suspend benefits with respect to in the same sector(s) as that sector or sectors affected by the measure or other matter that found by the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) has found arbitral tribunal to be inconsistent with this Agreement;Agreement or to cause nullification or impairment in accordance with Article 14.2; and
(b) if the complaining Party party considers that it is not practicable or effective to suspend concessions or other obligations with respect to benefits in the same sector(s), it may suspend benefits in other sectors. The notice announcing such a decision shall state the reasons on which the decision is based.
5. Failure to comply with the mutually agreed compensation will be considered as an aggravating factor in setting the amount of the suspension of benefits.
6. Upon written request by the respondent, within 15 days of the communication referred to in paragraph 1, the arbitral tribunal initially seized of the matter, shall determine whether the level of concessions or other obligations with respect which the claimant wishes to other sectors. The notification of such suspension pursuant to paragraph 2 shall indicate the reasons on which it suspend is based; and
(c) the level of suspension referred to in paragraph 2 shall be not equivalent to the level of benefits that nullification and impairment in accordance with paragraph 1, or whether the procedures and principles of paragraph 4 have been impairedfollowed.
7. The arbitral tribunal shall circulate its report to the disputing parties within 45 days of the date on which the matter was submitted in accordance with paragraph 6. The arbitral tribunal's decision, which shall be made publicly available, shall be final and binding and the disputing parties shall endeavour not to obtain a second arbitration.
Appears in 1 contract
Samples: Economic Complementation Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against concerned fails to notify properly comply with the implementing measures before ruling in the expiry of the final report within a 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 time as provided for in paragraph 3 1 of Article 12.13 (Implementation) rules 52, 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 consultations with a view to reaching agreeing on a mutually satisfactory acceptable compensation. If no such agreement has been reached within 20 days from 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.
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 benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitration panel has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other obligations with respect sectors.
3. The complaining Party shall notify the other party to the same sector(s)dispute of the benefits which it intends to suspend, it the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits which the complaining Party intends to suspend concessions or other obligations are equivalent to those affected by the measure found to be inconsistent with respect to other sectorsthis Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The notification ruling of the arbitration panel shall be given within 45 days from that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure or matter found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties to the dispute have resolved the dispute otherwise.
5. At the request of a party to the dispute, the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension pursuant to paragraph 2 shall indicate of benefits should be terminated or modified. The ruling of the reasons on which it is based; and
(c) the level of suspension referred to in paragraph 2 arbitration panel shall be equivalent to given within 30 days from the level date of benefits that have been impairedrequest.
Appears in 1 contract
Samples: Free Trade Agreement
Compensation and Suspension of Benefits. 1. If a failure to comply with the Party complained against fails to notify the implementing measures before the expiry findings and rulings of the reasonable period arbitral tribunal has been established in accordance with Paragraph 1 of time, Article 13 or the responding Party notifies the complaining other Party in writing that it is impracticable, or does not intend to comply with 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 timefindings and rulings, the responding Party complained against shall, if so requested by the complaining Partyrequested, enter into negotiations with the complaining Party within ten days of the receipt of such request with a view to reaching a mutually satisfactory compensationagreement on any necessary compensatory adjustment.
2. If there is no mutually satisfactory agreement on satisfactory compensation compensatory adjustment as set out in Paragraph 1 is reached within 20 days of the date of receipt of the request mentioned in paragraph 1entering into negotiations, the complaining Party may, by giving notification, may at any time thereafter notify the responding Party that it intends to suspend the application to the responding Party of benefits conferred on of equivalent effect and shall have the other Party under this Agreement. Such suspension shall only take effect after right to begin suspending those benefits 30 days after the receipt of the notification. Benefits shall not be suspended while the complaining Party is pursuing negotiations under Paragraph 1.
3. The compensation referred to in paragraph 1 Compensation and the suspension referred to in paragraph 2 of benefits shall be temporary measures. Neither compensation nor the suspension of benefits is preferred to full elimination compliance with the findings and rulings of the non-conformity as determined in the report arbitral tribunal. Compensation and suspension of the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report). The suspension benefits shall only be applied until such time as the non-measure found to be not in conformity is fully eliminated with this Agreement has been brought into conformity, or the responding Party has complied with the arbitral tribunal’s findings and rulings, or a mutually satisfactory solution is reached.
4. In considering what concessions or other obligations benefits to suspend pursuant to paragraph Paragraph 2:
(a) the complaining Party should shall first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) arbitral tribunal has found to be inconsistent not in conformity with this Agreement;Agreement or to have caused nullification or impairment; and
(b) if the complaining Party may suspend benefits in other sectors if it considers that it is not practicable or effective to suspend concessions or other obligations with respect to benefits in the same sector(s), it may suspend concessions sector or other obligations with respect to other sectors. The notification of communication in which it announces such suspension pursuant to paragraph 2 a decision shall indicate the reasons on which it is based; and.
(c) the level 5. Any suspension of suspension referred to in paragraph 2 benefits shall be equivalent restricted to benefits accruing to the level of benefits that have been impairedother Party under this Agreement.
Appears in 1 contract
Samples: Dispute Settlement Agreement
Compensation and Suspension of Benefits. 1. If the Party complained against concerned fails to notify properly comply with the implementing measures before ruling in the expiry of the final award within a 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 time as provided for in of Article 12.13 (Implementation) rules 14.15.1 or fails to comply with a ruling under Article 14.15.2, 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 consultations with a view to reaching agreeing on a mutually satisfactory acceptable compensation. If no such agreement has been reached within twenty (20) days from the request, or an agreement has been reached but not complied with, 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 Arbitral Tribunal has found to be inconsistent with this Agreement.
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 benefits to suspend pursuant to paragraph 2:
(a) suspend, the complaining Party should first seek to suspend benefits with respect to in the same sector(s) sector or sectors as that affected by the measure or other matter that the Arbitration Panel referred to in Article 12.11 (Arbitration Panel Report) Arbitral Tribunal has found to be inconsistent with this Agreement;
(b) if the . The complaining Party that considers that it is not practicable or effective to suspend concessions benefits in the same sector or sectors may suspend benefits in other obligations sectors.
3. The complaining Party shall notify the other Party to the dispute and the Joint Committee of the benefits which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than thirty (30) days before the date on which the suspension is due to take effect. Within fifteen (15) days from that notification, the Party complained against may request the original Arbitral Tribunal to rule on whether the benefits which the complaining Party intends to suspend are equivalent to those affected by the measure found to be inconsistent with this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. In the event the original Arbitral Tribunal, or any of its members, is not available, the procedures established in Article 14.11 shall apply. The ruling of the Arbitral Tribunal shall be given within forty-five (45) days from that request. Benefits shall not be suspended until the Arbitral Tribunal has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure or matter found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the Parties have resolved the dispute otherwise.
5. The Party complained against shall notify the complaining Party of any measure adopted to comply with the award and the provisions of this Agreement.
6. With respect to paragraphs 4 and 5, any dispute between the same sector(s), it may suspend concessions Parties on whether a particular measure found by the Arbitral Tribunal to be inconsistent with this Agreement has been removed or other obligations brought into conformity 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) Arbitral Tribunal’s Award or whether the level of suspension is not in conformity with the Arbitral Tribunal's decision under paragraph 1, shall be referred to the same tribunal for a decision. In the event the original Arbitral Tribunal, or any of its members, is not available, the procedures established in paragraph 2 Article 14.11 shall apply. The requesting Party shall refer the matter to the Arbitral Tribunal together with its submissions and the other Party shall respond within fifteen (15 days). The ruling of the Arbitral Tribunal shall be equivalent to given within thirty (30) days from the level date of benefits that have been impairedthe submission of the request.
Appears in 1 contract
Samples: Dispute Resolution Agreement