Common use of Implementation of Award Clause in Contracts

Implementation of Award. 1. The party complained against shall promptly comply with the award of the arbitral tribunal issued pursuant to Article 69. 2. The party complained against shall, within twenty (20) days after the date of issuance of the award, notify the complaining party of the period of time in which to implement the award. If the complaining party considers the period of time notified to be unacceptable, it may refer the matter to an arbitral tribunal which then determines the reasonable implementation period. The arbitral tribunal shall inform the parties to the dispute of its determination within thirty (30) days after the date of the referral of the matter to it. 3. If the party complained against considers it impracticable to comply with the award within the implementation period as determined pursuant to paragraph 2, the party complained against shall, no later than the expiry of that implementation period, enter into consultations with the complaining party, with a view to developing mutually satisfactory compensation. If no satisfactory compensation has been agreed within twenty (20) days after the date of expiry of that implementation period, the complaining party may request an arbitral tribunal to determine the appropriate level of any suspension of the application to the party complained against of concessions or other obligations under this Agreement. 4. If the complaining party considers that the party complained against has failed to comply with the award within the implementation period as determined pursuant to paragraph 2, the complaining party may refer the matter to an arbitral tribunal to confirm the failure and to determine the appropriate level of any suspension of the application to the party complained against of concessions or other obligations under this Agreement. 5. The arbitral tribunal established under this Article shall, wherever possible, have as its arbitrators, the arbitrators of the original arbitral tribunal. If this is not possible, then the arbitrators of such arbitral tribunal shall be appointed pursuant to paragraphs 2 and 3 of Article 65. 6. Unless the parties to the dispute agree to a different period, the arbitral tribunal established under paragraphs 3 and 4 shall issue its award within sixty (60) days after the date when the matter is referred to it. 7. The award of the arbitral tribunal established under this Article shall be binding on all the parties to the dispute.

Appears in 6 contracts

Samples: Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement, Comprehensive Economic Partnership Agreement

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Implementation of Award. 1. The party Party complained against shall promptly comply with complywith the award of the arbitral tribunal issued pursuant to Article 69toArticle 154. 2. The party Party complained against shall, within twenty (20) days after 20 daysafter the date of issuance of the award, notify the complaining party thecomplaining Party of the period of time in which to implement the for implementingthe award. If the complaining party Party considers the period of periodof time notified to be unacceptable, it may refer the matter thematter to an arbitral tribunal which then determines the reasonable implementation periodtribunal. The arbitral tribunal shall inform the parties to the dispute of its determination within thirty (30) days after the date of the referral of the matter to it. 3. If the party Party complained against considers it impracticable fails to comply with the withthe award within the implementation period as determined pursuant determinedpursuant to paragraph 22 above, the party Party complained against shall, againstshall no later than the expiry of that implementation period, implementationperiod enter into consultations with the complaining party, Party,with a view to developing mutually satisfactory acceptable compensation. .If no satisfactory compensation has been agreed within twenty (20) days 20days after the date of expiry of that implementation periodimplementationperiod, the complaining party Party may request an arbitral tribunal notify the Partycomplained against that it intends to determine the appropriate level of any suspension of the application suspend theapplication to the party Party complained against of concessions or concessionsor other obligations under this Agreement. . 4. If the complaining party Party considers that measures takenby the party Party complained against for implementing the awarddo not comply with the award within the implementationperiod as determined pursuant to paragraph 2 above, it mayrefer the matter to an arbitral tribunal. 5. If the arbitral tribunal to which the matter is referred pursuant to paragraph 4 above confirms that theParty complained against has failed to comply with the award theaward within the implementation period as determined pursuant determinedpursuant to paragraph 22 above, the complaining party may refer Party may,within 30 days after the matter date of such confirmation by thearbitral tribunal, notify the Party complained against thatit intends to an arbitral tribunal to confirm the failure and to determine the appropriate level of any suspension of suspend the application to the party complained Partycomplained against of concessions or other obligations under obligationsunder this Agreement. 5. The arbitral tribunal established under this Article shall, wherever possible, have as its arbitrators, the arbitrators 6. Suspension of the original arbitral tribunal. If this is not possible, then the arbitrators application of such arbitral tribunal shall be appointed pursuant to paragraphs 2 and 3 of Article 65. 6. Unless the parties to the dispute agree to a different period, the arbitral tribunal established concessions or otherobligations under paragraphs 3 and 4 shall issue its award within sixty (60) 5 above may only beimplemented at least 30 days after the date when the matter is referred to it. 7of thenotification in accordance with those paragraphs. The award Such suspension shall: (a) not be effected if, in respect of the dispute towhich the suspension relates, consultations, orproceedings before an arbitral tribunal established under this Article shall are inprogress; (b) be binding on all temporary, and be discontinued when theParties reach a mutually satisfactory resolutionor where compliance with the parties award is effected; (c) be restricted to the disputesame level of nullification or impairment that is attributable to the failureto comply with the award; and (d) be restricted to the same sector or sectors to which the nullification or impairment relates,unless it is not practicable or effective tosuspend the application of concessions or otherobligations in such sector or sectors.

Appears in 3 contracts

Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement

Implementation of Award. 1. The party Party complained against shall promptly comply with the award of the arbitral tribunal issued pursuant to Article 69154. 2. The party Party complained against shall, within twenty (20) 20 days after the date of issuance of the award, notify the complaining party Party of the period of time in which to implement for implementing the award. If the complaining party Party considers the period of time notified to be unacceptable, it may refer the matter to an arbitral tribunal which then determines the reasonable implementation period. The arbitral tribunal shall inform the parties to the dispute of its determination within thirty (30) days after the date of the referral of the matter to ittribunal. 3. If the party Party complained against considers it impracticable fails to comply with the award within the implementation period as determined pursuant to paragraph 22 above, the party Party complained against shall, shall no later than the expiry of that implementation period, period enter into consultations with the complaining partyParty, with a view to developing mutually satisfactory acceptable compensation. If no satisfactory compensation has been agreed within twenty (20) 20 days after the date of expiry of that implementation period, the complaining party Party may request an arbitral tribunal notify the Party complained against that it intends to determine the appropriate level of any suspension of suspend the application to the party Party complained against of concessions or other obligations under this Agreement. 4. If the complaining party Party considers that measures taken by the party Party complained against for implementing the award do not comply with the award within the implementation period as determined pursuant to paragraph 2 above, it may refer the matter to an arbitral tribunal. 5. If the arbitral tribunal to which the matter is referred pursuant to paragraph 4 above confirms that the Party complained against has failed to comply with the award within the implementation period as determined pursuant to paragraph 22 above, the complaining party may refer Party may, within 30 days after the matter date of such confirmation by the arbitral tribunal, notify the Party complained against that it intends to an arbitral tribunal to confirm the failure and to determine the appropriate level of any suspension of suspend the application to the party Party complained against of concessions or other obligations under this Agreement. 56. Suspension of the application of concessions or other obligations under paragraphs 3 and 5 above may only be implemented at least 30 days after the date of the notification in accordance with those paragraphs. Such suspension shall: (a) not be effected if, in respect of the dispute to which the suspension relates, consultations, or proceedings before an arbitral tribunal are in progress; (b) be temporary, and be discontinued when the Parties reach a mutually satisfactory resolution or where compliance with the award is effected; (c) be restricted to the same level of nullification or impairment that is attributable to the failure to comply with the award; and (d) be restricted to the same sector or sectors to which the nullification or impairment relates, unless it is not practicable or effective to suspend the application of concessions or other obligations in such sector or sectors. 7. If the Party complained against considers that the requirements for the suspension of the application to it of concessions or other obligations under this Agreement by the complaining Party set out in paragraph 3, 5 or 6 above have not been met, it may refer the matter to an arbitral tribunal. 8. The arbitral tribunal that is established under for the purposes of this Article shall, wherever possible, have as its arbitrators, the arbitrators of to the original arbitral tribunal. If this is not possible, then the arbitrators of such to the arbitral tribunal that is established for the purposes of this Article shall be appointed pursuant to paragraphs 2 and 3 4 to 6 of Article 65. 6153. Unless the parties to the dispute Parties agree to a different period, the such arbitral tribunal established under paragraphs 3 and 4 shall issue its award within sixty (60) 30 days after the date when the matter is referred to it. 7. The award of the arbitral tribunal established under this Article shall be binding on all the parties to the disputeParties.

Appears in 3 contracts

Samples: Economic Partnership Agreement, Economic Partnership Agreement, Economic Partnership Agreement

Implementation of Award. 1. The party Party complained against shall promptly comply with complywith the award of the arbitral tribunal issued pursuant to Article 69toArticle 154. 2. The party Party complained against shall, within twenty (20) days after 20 daysafter the date of issuance of the award, notify the complaining party thecomplaining Party of the period of time in which to implement the for implementingthe award. If the complaining party Party considers the period of periodof time notified to be unacceptable, it may refer the matter thematter to an arbitral tribunal which then determines the reasonable implementation periodtribunal. The arbitral tribunal shall inform the parties to the dispute of its determination within thirty (30) days after the date of the referral of the matter to it. 3. If the party Party complained against considers it impracticable fails to comply with the withthe award within the implementation period as determined pursuant determinedpursuant to paragraph 22 above, the party Party complained against shall, againstshall no later than the expiry of that implementation period, implementationperiod enter into consultations with the complaining party, Party,with a view to developing mutually satisfactory acceptable compensation. .If no satisfactory compensation has been agreed within twenty (20) days 20days after the date of expiry of that implementation periodimplementationperiod, the complaining party Party may request an arbitral tribunal notify the Partycomplained against that it intends to determine the appropriate level of any suspension of the application suspend theapplication to the party Party complained against of concessions or concessionsor other obligations under this Agreement. . 4. If the complaining party Party considers that measures takenby the party Party complained against for implementing the awarddo not comply with the award within the implementationperiod as determined pursuant to paragraph 2 above, it xxxxxxxx the matter to an arbitral tribunal. 5. If the arbitral tribunal to which the matter is referred pursuant to paragraph 4 above confirms that theParty complained against has failed to comply with the award theaward within the implementation period as determined pursuant determinedpursuant to paragraph 22 above, the complaining party may refer Party may,within 30 days after the matter date of such confirmation by thearbitral tribunal, notify the Party complained against thatit intends to an arbitral tribunal to confirm the failure and to determine the appropriate level of any suspension of suspend the application to the party complained Partycomplained against of concessions or other obligations under obligationsunder this Agreement. 5. The arbitral tribunal established under this Article shall, wherever possible, have as its arbitrators, the arbitrators 6. Suspension of the original arbitral tribunal. If this is not possible, then the arbitrators application of such arbitral tribunal shall be appointed pursuant to paragraphs 2 and 3 of Article 65. 6. Unless the parties to the dispute agree to a different period, the arbitral tribunal established concessions or otherobligations under paragraphs 3 and 4 shall issue its award within sixty (60) 5 above may only beimplemented at least 30 days after the date when the matter is referred to it. 7of thenotification in accordance with those paragraphs. The award Such suspension shall: (a) not be effected if, in respect of the dispute towhich the suspension relates, consultations, orproceedings before an arbitral tribunal established under this Article shall are inprogress; (b) be binding on all temporary, and be discontinued when theParties reach a mutually satisfactory resolutionor where compliance with the parties award is effected; (c) be restricted to the disputesame level of nullification or impairment that is attributable to the failureto comply with the award; and (d) be restricted to the same sector or sectors to which the nullification or impairment relates,unless it is not practicable or effective tosuspend the application of concessions or otherobligations in such sector or sectors.

Appears in 1 contract

Samples: Economic Partnership Agreement

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Implementation of Award. 1. The party Party complained against shall promptly comply with the award of the arbitral tribunal issued pursuant to Article 69112. 2. The party Party complained against shall, within twenty (20) 30 days after the date of issuance of the award, notify the complaining party Party of the period of time which it assesses to be reasonable and necessary in which order to implement the award. If the complaining party Party considers the period of time notified to be unacceptable, it may refer the matter to an arbitral tribunal which then determines the reasonable implementation period. The arbitral tribunal shall inform the parties to the dispute of its determination within thirty (30) days after the date of the referral of the matter to ittribunal. 3. If the party Party complained against considers it impracticable to comply with the award within the implementation period as determined pursuant to paragraph 2, the party Party complained against shall, no later than the expiry of that implementation period, enter into consultations with the complaining partyParty, with a view to developing mutually satisfactory compensationcompensation or any alternative arrangement. 4. If no satisfactory compensation or any alternative arrangement has been agreed within twenty (20) 20 days after the date of expiry of that implementation periodperiod pursuant to paragraph 3, the complaining party Party may request an arbitral tribunal notify the Party complained against that it intends to determine the appropriate level of any suspension of suspend the application to the party Party complained against of concessions or other obligations under this Agreement. 45. If the complaining party Party considers that the party Party complained against has failed to comply with the award within the implementation period as determined pursuant to paragraph 2, it may refer the matter to an arbitral tribunal. 6. If the arbitral tribunal to which the matter is referred pursuant to paragraph 5 confirms that the Party complained against has failed to comply with the award within the implementation period as determined pursuant to paragraph 2, the complaining party may refer Party may, within 30 days after the matter date of such confirmation by the arbitral tribunal, notify the Party complained against that it intends to an arbitral tribunal to confirm the failure and to determine the appropriate level of any suspension of suspend the application to the party Party complained against of concessions or other obligations under this Agreement. 57. The suspension of the application of concessions or other obligations under paragraphs 4 and 6 may only be implemented at least 30 days after the date of the notification in accordance with those paragraphs. Such suspension shall: (a) not be effected if, in respect of the dispute to which the suspension relates, consultations or proceedings before the arbitral tribunal are in progress; (b) be temporary, and be discontinued when the Parties reach a mutually satisfactory resolution or where compliance with the original award is effected; (c) be restricted to the same level of nullification or impairment that is attributable to the failure to comply with the original award; and (d) be restricted to the same sector or sectors to which the nullification or impairment relates, unless it is not practicable or effective to suspend the application of concessions or other obligations in such sector or sectors. 8. If the Party complained against considers that the requirements for the suspension of the application to it of concessions or other obligations under this Agreement by the complaining Party set out in paragraph 4, 6 or 7 have not been met, it may request consultations with the complaining Party. The complaining Party shall enter into consultations within 10 days after the date of receipt of the request. If the Parties fail to resolve the matter within 30 days after the date of receipt of the request for consultations pursuant to this paragraph, the Party complained against may refer the matter to an arbitral tribunal. 9. The arbitral tribunal that is established under for the purposes of this Article shall, wherever possible, have as its arbitrators, the arbitrators of the original arbitral tribunal. If this is not possible, then the arbitrators of such to the arbitral tribunal that is established for the purposes of this Article shall be appointed pursuant to paragraphs 2 3, 4 and 3 5 of Article 65. 6110. Unless the parties to the dispute Parties agree to a different period, the arbitral tribunal established under paragraphs 3 and 4 this Article shall issue its award within sixty (60) 60 days after the date when the matter is referred to it. 7. The Such award of the arbitral tribunal established under this Article shall be binding on all the parties to the disputeParties.

Appears in 1 contract

Samples: Economic Partnership Agreement

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