Common use of Compliance with the Award Clause in Contracts

Compliance with the Award. 1. The party complained against shall take the measures necessary to comply with the award of the Arbitration Tribunal. In the case the Arbitral award does not have a term for compliance it must be understood that the term is for one hundred eighty (180) days. 2. The award of the Arbitration Tribunal shall include the period of time for compliance of the award. That period of time shall be final unless one of the parties justifies in written the need for a different period of time. The Arbitration Tribunal shall render its decision within a period of 15 days from the date of the written request. In case it is essential, the Arbitration Tribunal shall decide on the basis of written submissions of the parties. The Arbitration Tribunal shall convene for this purpose only under special circumstances. 3. Before the end of the period of the time established in the award for the implementation of the award, the party complained against shall notify the other party of the implementing measures in compliance with the award that it has adopted or intends to adopt in order to comply with the award of the Arbitration Tribunal. 4. In the event that there is disagreement between the parties concerning the compatibility of the measure adopted in compliance with the award, the complaining party may seek recourse to the original Arbitration Tribunal to rule on the matter, by submitting a written request to the other party explaining why the measure is incompatible with the award. The Arbitration Tribunal will issue its decision within forty-five (45) days of the date of its re-establishment. 5. In the event of the original Arbitration Tribunal, or some of its members, being unable to reconvene, the procedures laid down in Article 9 of this Chapter shall apply; however, the period for issuing the ruling remains forty-five (45) days from the date of establishment of the Arbitration Tribunal. 6. If the Arbitration Tribunal decides under paragraph 4 that the implementing measures adopted are not in compliance with the Arbitration award, the complaining party shall be entitled, upon notification to suspend the application of benefits granted under this Agreement at a level equivalent to the adverse economic impact caused by the measure found to violate this Agreement. 7. The suspension of benefits shall be temporary and shall be applied only until the measure found to be in violation of this Agreement is withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties have agreed to settle the dispute. 8. If the party complained against considers that the level of suspension is not equivalent to the adverse economic impact caused by the measure found to violate this Agreement, it may make a written request within thirty (30) days from the date of suspension for the reconvening of the original Arbitration Tribunal. The Joint Committee and the parties shall be informed of the Arbitration Tribunal's decision on the level of the suspension of benefits within thirty (30) days of the date of the request for its establishment. 9. The party complained against shall submit a notification of the implementing measures it has adopted to comply with the decision of the Arbitration Tribunal and of its request to end the suspension of benefits applied by the complaining party. The party complained against shall reply to any request from the complaining party for consultations on the implementing measures notified within ten (10) days of receipt of the request. If the parties do not reach an agreement on the compatibility of the notified implementing measures with this Agreement within thirty (30) days of receipt of the request for consultations, the complaining party may request that the original Arbitration Tribunal decide on the matter within sixty (60) days of the notification of the implementing measures. The decision shall be issued within forty-five (45) days of the written request for its re- establishment. If the Arbitration Tribunal decides that the implementing measure is not in conformity with this Agreement, it will determine whether the complaining party can resume the suspension of benefits at the same or a different level.

Appears in 3 contracts

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

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Compliance with the Award. 1. The party complained against shall take the measures necessary to comply with the award of the Arbitration Tribunal. In the case the Arbitral award does not have a term for compliance it must be understood that the term is for one hundred eighty (180) days. 2. The award of the Arbitration Tribunal shall include the period of time for compliance of the award. That period of time shall be final unless one of the parties justifies in written the need for a different period of time. The Arbitration Tribunal shall render its decision within a period of 15 days from the date of the written request. In case it is essential, the Arbitration Tribunal shall decide on the basis of written submissions of the parties. The Arbitration Tribunal shall convene for this purpose only under special circumstances. 3. Before the end of the period of the time established in the award for the implementation of the award, the party complained against shall notify the other party of the implementing measures in compliance with the award that it has adopted or intends to adopt in order to comply with the award of the Arbitration Tribunal. 4. In the event that there is disagreement between the parties concerning the compatibility of the measure adopted in compliance with the award, the complaining party may seek recourse to the original Arbitration Tribunal to rule on the matter, by submitting a written request to the other party explaining why the measure is incompatible with the award. The Arbitration Tribunal will issue its decision within forty-five (45) days of the date of its re-establishment. 5. In the event of the original Arbitration Tribunal, or some of its members, being unable to reconvene, the procedures laid down in Article 9 of this Chapter shall apply; however, the period for issuing the ruling remains forty-five (45) days from the date of establishment of the Arbitration Tribunal. 6. If the Arbitration Tribunal decides under paragraph 4 that the implementing measures adopted are not in compliance with the Arbitration award, the complaining party shall be entitled, upon notification to suspend the application of benefits granted under this Agreement at a level equivalent to the adverse economic impact caused by the measure found to violate this Agreement. 7. The suspension of benefits shall be temporary and shall be applied only until the measure found to be in violation of this Agreement is withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties have agreed to settle the dispute. 8. If the party complained against considers that the level of suspension is not equivalent to the adverse economic impact caused by the measure found to violate this Agreement, it may make a written request within thirty (30) days from the date of suspension for the reconvening of the original Arbitration Tribunal. The Joint Committee and the parties shall be informed of the Arbitration Tribunal's decision on the level of the suspension of benefits within thirty (30) days of the date of the request for its establishment. 9. The party complained against shall submit a notification of the implementing measures it has adopted to comply with the decision of the Arbitration Tribunal and of its request to end the suspension of benefits applied by the complaining party. The party complained against shall reply to any request from the complaining party for consultations on the implementing measures notified within ten (10) days of receipt of the request. If the parties do not reach an agreement on the compatibility of the notified implementing measures with this Agreement within thirty (30) days of receipt of the request for consultations, the complaining party may request that the original Arbitration Tribunal decide on the matter within sixty (60) days of the notification of the implementing measures. The decision shall be issued within forty-five (45) days of the written request for its re- re-establishment. If the Arbitration Tribunal decides that the implementing measure is not in conformity with this Agreement, it will determine whether the complaining party can resume the suspension of benefits at the same or a different level.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

Compliance with the Award. 1. The party complained against shall take the measures necessary to comply with the award of the Arbitration Tribunal. In the case the Arbitral award does not have a term for compliance it must be understood that the term is for one hundred eighty (180) days. 2. The award of the Arbitration Tribunal shall include the period of time for compliance of the award. That period of time shall be final unless one of the parties justifies in written the need for a different period of time. The Arbitration Tribunal shall render its decision within a period of 15 days from the date of the written request. In case it is essential, the Arbitration Tribunal shall decide on the basis of written submissions of the parties. The Arbitration Tribunal shall convene for this purpose only under special circumstances. 3. Before the end of the period of the time established in the award for the implementation of the award, the party complained against shall notify the other party of the implementing measures in compliance with the award that it has adopted or intends to adopt in order to comply with the award of the Arbitration Tribunal. 4. In the event that there is disagreement between the parties concerning the compatibility of the measure adopted in compliance with the award, the complaining party may seek recourse to the original Arbitration Tribunal to rule on the matter, by submitting a written request to the other party explaining why the measure is incompatible with the award. The Arbitration Tribunal will issue its decision within forty-five (45) days of the date of its re-establishment. 5. In the event of the original Arbitration Tribunal, or some of its members, being unable to reconvene, the procedures laid down in Article 9 of this Chapter shall apply; however, the period for issuing the ruling remains forty-five (45) days from the date of establishment of the Arbitration Tribunal. 6. If the Arbitration Tribunal decides under paragraph 4 that the implementing measures adopted are not in compliance with the Arbitration award, the complaining party shall be entitled, upon notification to suspend the application of benefits granted under this Agreement at a level equivalent to the adverse economic impact caused by the measure found to violate this Agreement. 7. The suspension of benefits shall be temporary and shall be applied only until the measure found to be in violation of this Agreement is withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties have agreed to settle the dispute. 8. If the party complained against considers that the level of suspension is not equivalent to the adverse economic impact caused by the measure found to violate this Agreement, it may make a written request within thirty (30) days from the date of suspension for the reconvening of the original Arbitration Tribunal. The Joint Committee and the parties shall be informed of the Arbitration Tribunal's decision on the level of the suspension of benefits within thirty (30) days of the date of the request for its establishment. 9. The party complained against shall submit a notification of the implementing measures it has adopted to comply with the decision of the Arbitration Tribunal and of its request to end the suspension of benefits applied by the complaining party. 10. The party complained against shall reply to any request from the complaining party for consultations on the implementing measures notified within ten (10) days of receipt of the request. 11. If the parties do not reach an agreement on the compatibility of the notified implementing measures with this Agreement within thirty (30) days of receipt of the request for consultations, the complaining party may request that the original Arbitration Tribunal decide on the matter within sixty (60) days of the notification of the implementing measures. The decision shall be issued within forty-five (45) days of the written request for its re- establishment. If the Arbitration Tribunal decides that the implementing measure is not in conformity with this Agreement, it will determine whether the complaining party can resume the suspension of benefits at the same or a different level.

Appears in 1 contract

Samples: Free Trade Agreement

Compliance with the Award. 1. The party complained against shall take the measures necessary to comply with the award of the Arbitration Tribunal. In the case the Arbitral award does not have a term for compliance it must be understood that the term is for one hundred eighty (180) days. 2. The award of the Arbitration Tribunal shall include the period of time for compliance of the award. That period of time shall be final unless one of the parties justifies in written the need for a different period of time. The Arbitration Tribunal shall render its decision within a period of 15 days from the date of the written request. In case it is essential, the Arbitration Tribunal shall decide on the basis of written submissions of the parties. The Arbitration Tribunal shall convene for this purpose only under special circumstances. 3. Before the end of the period of the time established in the award for the implementation of the award, the party complained against shall notify the other party of the implementing measures in compliance with the award that it has adopted or intends to adopt in order to comply with the award of the Arbitration Tribunal. 4. In the event that there is disagreement between the parties concerning the compatibility of the measure adopted in compliance with the award, the complaining party may seek recourse to the original Arbitration Tribunal to rule on the matter, by submitting a written request to the other party explaining why the measure is incompatible with the award. The Arbitration Tribunal will issue its decision within forty-five (45) days of the date of its re-re- establishment. 5. In the event of the original Arbitration Tribunal, or some of its members, being unable to reconvene, the procedures laid down in Article 9 of this Chapter shall apply; however, the period for issuing the ruling remains forty-five (45) days from the date of establishment of the Arbitration Tribunal. 6. If the Arbitration Tribunal decides under paragraph 4 that the implementing measures adopted are not in compliance with the Arbitration award, the complaining party shall be entitled, upon notification to suspend the application of benefits granted under this Agreement at a level equivalent to the adverse economic impact caused by the measure found to violate this Agreement. 7. The suspension of benefits shall be temporary and shall be applied only until the measure found to be in violation of this Agreement is withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties have agreed to settle the dispute. 8. If the party complained against considers that the level of suspension is not equivalent to the adverse economic impact caused by the measure found to violate this Agreement, it may make a written request within thirty (30) days from the date of suspension for the reconvening of the original Arbitration Tribunal. The Joint Committee and the parties shall be informed of the Arbitration Tribunal's decision on the level of the suspension of benefits within thirty (30) days of the date of the request for its establishment. 9. The party complained against shall submit a notification of the implementing measures it has adopted to comply with the decision of the Arbitration Tribunal and of its request to end the suspension of benefits applied by the complaining party. The party complained against shall reply to any request from the complaining party for consultations on the implementing measures notified within ten (10) days of receipt of the request. If the parties do not reach an agreement on the compatibility of the notified implementing measures with this Agreement within thirty (30) days of receipt of the request for consultations, the complaining party may request that the original Arbitration Tribunal decide on the matter within sixty (60) days of the notification of the implementing measures. The decision shall be issued within forty-five (45) days of the written request for its re- re-establishment. If the Arbitration Tribunal decides that the implementing measure is not in conformity with this Agreement, it will determine whether the complaining party can resume the suspension of benefits at the same or a different level.

Appears in 1 contract

Samples: Free Trade Agreement

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Compliance with the Award. 1. The party complained against shall take the measures necessary to comply with the award of the Arbitration Tribunal. In the case the Arbitral award does not have a term for compliance it must be understood that the term is for one hundred eighty (180) days. 2. The award of the Arbitration Tribunal shall include the period of time for compliance of the award. That period of time shall be final unless one of the parties justifies in written the need for a different period of time. The Arbitration Tribunal shall render its decision within a period of 15 days from the date of the written request. In case it is essential, the Arbitration Tribunal shall decide on the basis of written submissions of the parties. The Arbitration Tribunal shall convene for this purpose only under special circumstances. 3. Before the end of the period of the time established in the award for the implementation of the award, the party complained against shall notify the other party of the implementing measures in compliance with the award that it has adopted or intends to adopt in order to comply with the award of the Arbitration Tribunal. 4. In the event that there is disagreement between the parties concerning the compatibility of the measure adopted in compliance with the award, the complaining party may seek recourse to the original Arbitration Tribunal to rule on the matter, by submitting a written request to the other party explaining why the measure is incompatible with the award. The Arbitration Tribunal will issue its decision within forty-five (45) days of the date of its re-establishment. 5. In the event of the original Arbitration Tribunal, or some of its members, being unable to reconvene, the procedures laid down in Article 9 of this Chapter shall apply; however, the period for issuing the ruling remains forty-five (45) days from the date of establishment of the Arbitration Tribunal. 6. If the Arbitration Tribunal decides under paragraph 4 that the implementing measures adopted are not in compliance with the Arbitration award, the complaining party shall be entitled, upon notification to suspend the application of benefits granted under this Agreement at a level equivalent to the adverse economic impact caused by the measure found to violate this Agreement. 7. The suspension of benefits shall be temporary and shall be applied only until the measure found to be in violation of this Agreement is withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties have agreed to settle the dispute. 8. If the party complained against considers that the level of suspension is not equivalent to the adverse economic impact caused by the measure found to violate this Agreement, it may make a written request within thirty (30) days from the date of suspension for the reconvening of the original Arbitration Tribunal. The Joint Committee and the parties shall be informed of the Arbitration Tribunal's decision on the level of the suspension of benefits within thirty (30) days of the date of the request for its establishment. 9. The party complained against shall submit a notification of the implementing measures it has adopted to comply with the decision of the Arbitration Tribunal and of its request to end the suspension of benefits applied by the complaining party. The party complained against shall reply to any request from the complaining party for consultations on the implementing measures notified within ten (10) days of receipt of the request. If the parties do not reach an agreement on the compatibility of the notified implementing measures with this Agreement within thirty (30) days of receipt of the request for consultations, the complaining party may request that the original Arbitration Tribunal decide on the matter within sixty (60) days of the notification of the implementing measures. The decision shall be issued within forty-five (45) days of the written request for its re- establishment. If the Arbitration Tribunal decides that the implementing measure is not in conformity with this Agreement, it will determine whether the complaining party can resume the suspension of benefits at the same or a different level.

Appears in 1 contract

Samples: Free Trade Agreement

Compliance with the Award. 1. The party complained against shall take the measures necessary to comply with the award of the Arbitration Tribunal. In the case the Arbitral award does not have a term for compliance it must be understood that the term is for one hundred eighty (180) days. 2. The award of the Arbitration Tribunal shall include the period of time for compliance of the award. That period of time shall be final unless one of the parties justifies in written the need for a different period of time. The Arbitration Tribunal shall render its decision within a period of 15 days from the date of the written request. In case it is essential, the Arbitration Tribunal shall decide on the basis of written submissions of the parties. The Arbitration Tribunal shall convene for this purpose only under special circumstances. 3. Before the end of the period of the time established in the award for the implementation of the award, the party complained against shall notify the other party of the implementing measures in compliance with the award that it has adopted or intends to adopt in order to comply with the award of the Arbitration Tribunal. 4. In the event that there is disagreement between the parties concerning the compatibility of the measure adopted in compliance with the award, the complaining party may seek recourse to the original Arbitration Tribunal to rule on the matter, by submitting a written request to the other party explaining why the measure is incompatible with the award. The Arbitration Tribunal will issue its decision within forty-five (45) days of the date of its re-establishment. 5. In the event of the original Arbitration Tribunal, or some of its members, being unable to reconvene, the procedures laid down in Article 9 of this Chapter shall apply; however, the period for issuing the ruling remains forty-five (45) days from the date of establishment of the Arbitration Tribunal. 6. If the Arbitration Tribunal decides under paragraph 4 that the implementing measures adopted are not in compliance with the Arbitration award, the complaining party shall be entitled, upon notification to suspend the application of benefits granted under this Agreement at a level equivalent to the adverse economic impact caused by the measure found to violate this Agreement. 7. The suspension of benefits shall be temporary and shall be applied only until the measure found to be in violation of this Agreement is withdrawn or amended so as to bring it into conformity with this Agreement, or until the parties have agreed to settle the dispute. 8. If the party complained against considers that the level of suspension is not equivalent to the adverse economic impact caused by the measure found to violate this Agreement, it may make a written request within thirty (30) days from the date of suspension for the reconvening of the original Arbitration Tribunal. The Joint Committee and the parties shall be informed of the Arbitration Tribunal's decision on the level of the suspension of benefits within thirty (30) days of the date of the request for its establishment. 9. The party complained against shall submit a notification of the implementing measures it has adopted to comply with the decision of the Arbitration Tribunal and of its request to end the suspension of benefits applied by the complaining party. The party complained against shall reply to any request from the complaining party for consultations on the implementing measures notified within ten (10) days of receipt of the request. If the parties do not reach an agreement on the compatibility of the notified implementing measures with this Agreement within thirty (30) days of receipt of the request for consultations, the complaining party may request that the original Arbitration Tribunal decide on the matter within sixty (60) days of the notification of the implementing measures. The decision shall be issued within forty-five (45) days of the written request for its re- establishmentreestablishment. If the Arbitration Tribunal decides that the implementing measure is not in conformity with this Agreement, it will determine whether the complaining party can resume the suspension of benefits at the same or a different level.

Appears in 1 contract

Samples: Free Trade Agreement

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