in Indonesia. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Agreement. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation, i) neither party will bring a legal action, regardless of form, arising out of or related to this Agreement or any transaction under it more than two years after the cause of action arose; and ii) after such time limit, any legal action arising out of this Agreement or any transaction under it and all respective rights related to any such action lapse. Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration that shall be held in Jakarta, Indonesia in accordance with the rules of Board of the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia or ″BANI″) then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law. The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the chairman of the BANI. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred. If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed. All proceedings shall be conducted, including all documents presented in such proceedings, in the English and/or Indonesian language. EUROPE, MIDDLE EAST, AND AFRICA
in Indonesia the income tax (Xxxxx Penghasilan 1984), and to the extent provided in such income tax, the company tax (Xxxxx Perseroan 1925), and the tax on interest, dividends and royalties (Xxxxx Atas Bunga, Xxxxxxx xxx Royalty 1970); (hereinafter referred to as "Indonesian tax").
in Indonesia. (i) the income tax (Xxxxx-Penghasilan), including the tax on profits after income tax payable by a contractor, imposed under the law of the Republic of Indonesia, and its implementing regulations;
in Indonesia. Autos, Indonesia argued that the low price of its Timor car placed it in a "special market niche" and rendered it unlike other, more expensive, car models. The Panel noted that the complainants in the case before it were claiming that the Indonesian Timor was being sold at undercutting prices as a result of subsidization and rejected the argument by Indonesia: "We do not preclude that price might be a relevant consideration in performing 'like product' analysis, particularly where differences in price represent one way to assess the relative importance of differing physical characteristics to consumers. In this case, however, the complainants allege that the Timor is being sold at undercutting prices as a result of subsidization. If we were to conclude that the low price of the Timor in the Indonesian market were to render the Timor 'unlike' other models which are 10 Panel Report, Indonesia – Autos, paras. 14.173-14.174. 11 Panel Report, Indonesia – Autos, para. 14.176. 12 Panel Report, Indonesia – Autos, para. 14.176. 13 Panel Report, Indonesia – Autos, para. 14.177.
in Indonesia. (i) the income tax; and
in Indonesia. (i) in respect of taxes withheld at source: for amounts paid or credited on or after 1 January in the calendar year next following the date on which the notice is given; and
in Indonesia. Disputes will be finally settled by arbitration in Jakarta, Indonesia, under the rules of the Board of the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia or "BANI").
in Indonesia. Chicken, the panel found that certain of the challenged measures fell outside of the scope of the Licensing Agreement, stating: "In our view, the positive list requirement and the intended use requirement are in the nature of an import licensing rule. The positive list refers to the products that can be imported. To that extent, it does not impose a requirement to submit a particular document or constitute a requirement for importation. Instead, it is a requirement that simply prohibits trade in respect of specific products not included therein. The intended use requirement is a substantive requirement that importers commit to respect when applying both for an MoA Import Recommendation and for an MoT Import Approval. Clearly such representation by the importers is made through the submission of a particular document, which in this case is the online application. Contrary to what Brazil argues, however, we do not consider that this makes the intended use requirement an administrative procedure used for the operation of an import licensing regime. We thus conclude that the positive list requirement and the intended use requirement do not fall under the purview of the Import Licensing Agreement."5
in Indonesia. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Agreement. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation,
in Indonesia the income-tax imposed under the Xxxxxxxxxxxx Xxxxx Xxxxxxxxxxx 1984 (Law No. 7 of 1983) and to the extent provided in such income-tax law, the company tax imposed under the Ordonansi Xxxxx Perseroan 1925 (State Gazette No. 319 of 1925 as lastly amended by Law No. 8 of 1970) and the tax imposed under the Undangundang Xxxxx atas Bunga, Xxxxxxx xxx Royalty 1970 (Law No. 10 of 1970) ; (hereinafter referred to as “Indonesian Tax”)
