Common use of Election of Forum Clause in Contracts

Election of Forum. 1. Any dispute that may arise in connection with the interpretation, application or non- compliance with the provisions of this Agreement between the Parties, as well as its Additional Protocols and related instruments, shall be subject to this Dispute Settlement Procedure. 2. Any dispute regarding matters arising under this Agreement that are also regulated in the agreements concluded at the World Trade Organization (hereinafter referred to as “the WTO”) may be settled in accordance with this Annex or with the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO (hereinafter referred to as the “DSU”). 3. The parties to the dispute shall reach an agreement on a forum after the expiry of the period for consultations established in Chapter II of this Annex. If no agreement is reached on the forum, the complaining party shall select the forum for dispute settlement. 4. When selecting the forum, the complaining party or parties shall endeavour to resolve all disputes in the context of the Dispute Settlement Procedure provided in this Annex. 5. Once a dispute settlement procedure has been initiated under this Agreement or under the DSU, the selection of the forum shall be final and a party to the dispute may not refer the same subject matter of the dispute to the other forum. 6. For this purpose, a dispute settlement procedure shall be considered initiated under the WTO whenever the complaining party requests consultations under Article 4 of the DSU. Likewise, a dispute settlement procedure shall be considered initiated under the Agreement whenever a meeting of the Joint Administrative Committee has been requested under Article 6.1 of this Annex. 7. Notwithstanding the foregoing provisions, disputes that may arise in connection with Chapter VIII of this Agreement as well as Article 1 of Annex IV of this Agreement shall exclusively be submitted to the DSU.

Election of Forum. 1. Any dispute that may arise in connection with the interpretation, application or non- non-compliance with the provisions of this Agreement between the Parties, as well as its Additional Protocols and related instruments, shall be subject to this Dispute Settlement Procedure. 2. Any dispute regarding matters arising under this Agreement that are also regulated in the agreements concluded at the World Trade Organization (hereinafter referred to as “the WTO”) may be settled in accordance with this Annex or with the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO (hereinafter referred to as the “DSU”). 3. The parties to the dispute shall reach an agreement on a forum after the expiry of the period for consultations established in Chapter II of this Annex. If no agreement is reached on the forum, the complaining party shall select the forum for dispute settlement. 4. When selecting the forum, the complaining party or parties shall endeavour to resolve all disputes in the context of the Dispute Settlement Procedure provided in this Annex. 5. Once a dispute settlement procedure has been initiated under this Agreement or under the DSU, the selection of the forum shall be final and a party to the dispute may not refer the same subject matter of the dispute to the other forum. 6. For this purpose, a dispute settlement procedure shall be considered initiated under the WTO whenever the complaining party requests consultations under Article 4 of the DSU. Likewise, a dispute settlement procedure shall be considered initiated under the Agreement whenever a meeting of the Joint Administrative Committee has been requested under Article Article 6.1 of this Annex. 7. Notwithstanding the foregoing provisions, disputes that may arise in connection with Chapter VIII of this Agreement as well as Article 1 of Annex IV of this Agreement shall exclusively be submitted to the DSU.. Chapter II