Common use of Final Award Clause in Contracts

Final Award. 1. Where a Tribunal makes a final award against a Party, the Tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the disputing Party may pay monetary damages and any applicable interest in lieu of restitution. 2. A Tribunal may also award costs in accordance with the applicable arbitration rules. 3. Subject to paragraphs 1 and 2, where a claim is made under Article 10.21.1: (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable domestic law. 4. A Tribunal may not order a Party to pay punitive damages.

Appears in 4 contracts

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

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Final Award. 1. Where a Tribunal makes a final award against a the disputing Party, the Tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and; (b) restitution of property, in which case the award shall provide that the disputing Party may pay monetary damages and any applicable interest in lieu of restitution. 2. A The Tribunal may also award costs in accordance with the applicable arbitration rules. 32. Subject to paragraphs 1 and 2paragraph 1, where a claim is made under Article 10.21.1:23(1) (Claim by an Investor of a Party on Behalf of an Enterprise): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; (b) an award of restitution of property shall provide that restitution be made to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable domestic law. 43. A Tribunal may not order a disputing Party to pay punitive damages.

Appears in 3 contracts

Samples: Investment Agreement, Investment Agreement, Investment Agreement

Final Award. 1. Where a Tribunal makes a final award against a Party, the Tribunal may award, separately or in combination, only: (a) monetary damages and any applicable interest; and; (b) restitution of property, in which case the award shall provide that the disputing Party may pay monetary damages and any applicable interest in lieu of restitution. 2. A Tribunal tribunal may also award costs in accordance with the applicable arbitration rules. 32. Subject to paragraphs 1 and 2paragraph 1, where a claim is made under Article 10.21.1:1117(1): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable domestic law. 43. A Tribunal may not order a Party to pay punitive damages.

Appears in 1 contract

Samples: North American Free Trade Agreement

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Final Award. 1. Where a Tribunal established under this Section makes a final award against a disputing Party, the Tribunal may award, separately or in combination, award only: (a) monetary damages and any applicable interest; andor (b) restitution of property, in which case the award shall provide that the disputing Party may pay monetary damages and any applicable interest in lieu of restitution. 2. A Tribunal may also award costs in accordance with the applicable arbitration rules. 32. Subject to paragraphs 1 and 2paragraph 1, where a claim is made under Article 10.21.1:10.19 (1): (a) an award of restitution of property shall provide that restitution be made to the enterprise;; or (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and. (c) the 3. The award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable domestic law. 4. A Tribunal may The tribunal is not order a Party authorized to pay award punitive damages.

Appears in 1 contract

Samples: Free Trade Agreement

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