Common use of NON-IMPLEMENTATION AND SUSPENSION OF BENEFITS Clause in Contracts

NON-IMPLEMENTATION AND SUSPENSION OF BENEFITS. 1. If the Party complained against: (a) fails to comply with an award within the period of time for compliance pursuant to Article 12.15; or (b) fails to comply with an agreement on compensation pursuant to Article 12.15.7; or (c) fails to comply with a decision pursuant to Article 12.17.1(a) and Article 12.17.2; the complaining Party shall be entitled to suspend benefits under this Agreement equivalent to those affected by the measure the Arbitral Tribunal has found to violate this Agreement, subject to the following paragraphs. 2. The suspension of benefits shall not be applied during the course of the proceedings initiated pursuant to Article 12.17.1(a). 3. The complaining Party shall notify the Party complained against and the Joint Committee of the benefits which it intends to suspend, the grounds for such suspension and the date on which the suspension will take effect, no later than 45 days before such date. 4. In considering which benefits to suspend under paragraph 1, the complaining Party should first seek to suspend the application of benefits in the same sector or sectors as those affected by the measure or other matter that the Arbitral Tribunal has found to be inconsistent with this Agreement or to have caused nullification or impairment. In case the complaining Party considers that it is impracticable or ineffective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. 5. The suspension of benefits shall be temporary and be applied by the complaining Party, only: (a) until the measure found to violate this Agreement has been withdrawn or amended so as to comply with the original award and with the provisions of this Agreement; or (b) until an Arbitral Tribunal decides that the compliance measure is compatible with the award and with the provisions of this Agreement; or (c) until the Parties have otherwise settled the dispute. In these cases the suspension of benefits shall be terminated in accordance with the procedures set forth in paragraph 6. 6. To terminate a suspension of benefits, the Party complained against shall notify the complaining Party of any measure adopted to comply with the original award and the provisions of this Agreement or of its compliance with the agreement on compensation. Such notification shall be accompanied by a request to terminate the suspension of benefits. (a) In the event of disagreement between the Parties with respect to the existence or conformity of the notified measure with this Agreement and the original award or in the event of a disagreement as to the compliance with the agreement on compensation, within 60 days from the date of the notification, either Party may refer the matter under Article 12.17.1 (a) to the original Arbitral Tribunal to determine consistency of such measure with this Agreement and the original award or to determine compliance with the agreement on compensation. If pursuant to Article 12.17.1(a), the Arbitral Tribunal determines that the notified measure is consistent with the Agreement and the original award or determines there has been compliance with the agreement on compensation, the suspension of benefits shall be terminated. (b) In the event there is no disagreement between the Parties as to the conformity of the notified measure with this Agreement and the original award or as to the compliance with the agreement on compensation, the suspension of benefits shall be terminated within 30 days from the date of such notification. (c) In the case that the Parties have settled a dispute, the suspension of benefits shall be terminated on the date agreed to by the Parties.

NON-IMPLEMENTATION AND SUSPENSION OF BENEFITS. 1. If a Panel has made a determination of the type described in Article 20.13.2, and the Parties are unable to reach an agreement on a implementation pursuant to Article 20.13.1, within 30 days of receiving the final report, or such other period as the Parties may agree, the Party complained againstagainst shall enter into negotiations with the complaining Party with a view to developing mutually acceptable compensation. 2. If the Parties: (a) fails are unable to comply with an award agree on compensation within 30 days after the period of time for compliance pursuant to Article 12.15developing such compensation has begun; or (b) fails to comply with an agreement have agreed on compensation or on a resolution pursuant to Article 12.15.7; or (c) fails to comply with a decision pursuant to Article 12.17.1(a) 20.13.1, and Article 12.17.2; the complaining Party shall be entitled considers that the Party complained against has failed to observe the terms of the Agreement. the complaining Party may at any time thereafter provide written notice to the Party complained against that it intends to suspend benefits under this Agreement equivalent to those affected by the measure the Arbitral Tribunal has found to violate this Agreement, subject application to the following paragraphs. 2Party complained against of benefits of equivalent effect. The suspension notice shall specify the level of benefits shall not be applied during that the course of the proceedings initiated pursuant complaining Party proposes to Article 12.17.1(a). 3suspend. The complaining Party shall notify may begin suspending benefits of equivalent effect 15 days after the Party complained against and the Joint Committee later of the benefits which it intends to suspend, the grounds for such suspension and the date on which it provides notice to the suspension will take effectother Party under this paragraph or the panel issues its determination under paragraph 5, no later than 45 days before such dateas the case may be. 43. In considering which benefits to suspend under pursuant to paragraph 1, 2: (a) the complaining Party should first seek to suspend the application of benefits or other obligations in the same sector or sectors as those affected by the measure or other matter that the Arbitral Tribunal panel has found to be inconsistent with the obligations of this Agreement or to have caused nullification or impairment. In case impairment in the sense of Article 20.2.1(c); and (b) the complaining Party that considers that it is impracticable not practicable or ineffective effective to suspend benefits or other obligations in the same sector or sectors, it sectors may suspend benefits in other sectors. 54. The suspension of benefits shall be temporary and be applied by the complaining PartyParty only until the measure found to be inconsistent with the obligations of this Agreement or otherwise nullifying or impairing benefits under Article 20.2.1(c) has been brought into conformity with this Agreement, onlyor until such time as the Parties have otherwise reached an agreement on a resolution of the dispute. 5. If the Party complained against considers that: (a) until the measure found level of benefits that the complaining Party has proposed to violate this Agreement has been withdrawn or amended so as to comply with the original award and with the provisions of this Agreementbe suspended is manifestly excessive; or (b) until an Arbitral Tribunal decides it has eliminated the non-conformity or the nullification or impairment that the compliance measure is compatible with panel has found, it may, within 30 days after the award complaining Party provides notice under paragraph 2, request that the original panel be reconvened to consider the matter. The panel shall reconvene as soon as possible after delivery of the request and with the provisions of this Agreement; or (c) until shall present its determination to the Parties have otherwise settled within 90 days after it reconvenes to review a request under either subparagraph (a) or (b), or within 120 days for a request under both subparagraphs (a) and (b). If the dispute. In these cases panel determines that the suspension level of benefits proposed to be suspended is manifestly excessive, it shall determine the level of benefits it considers to be terminated in accordance with the procedures set forth in paragraph 6of equivalent effect. 6. To terminate a suspension of benefitsThe complaining Party may suspend benefits up to the level the panel has determined under paragraph 5 or, if the panel has not determined the level, the level the Party has proposed to suspend under paragraph 2, unless the panel has determined that the Party complained against shall notify has eliminated the complaining Party of any measure adopted to comply with non-conformity or the original award and the provisions of this Agreement nullification or of its compliance with the agreement on compensation. Such notification shall be accompanied by a request to terminate the suspension of benefitsimpairment. (a) In the event of disagreement between the Parties with respect to the existence or conformity of the notified measure with this Agreement and the original award or in the event of a disagreement as to the compliance with the agreement on compensation, within 60 days from the date of the notification, either Party may refer the matter under Article 12.17.1 (a) to the original Arbitral Tribunal to determine consistency of such measure with this Agreement and the original award or to determine compliance with the agreement on compensation. If pursuant to Article 12.17.1(a), the Arbitral Tribunal determines that the notified measure is consistent with the Agreement and the original award or determines there has been compliance with the agreement on compensation, the suspension of benefits shall be terminated. (b) In the event there is no disagreement between the Parties as to the conformity of the notified measure with this Agreement and the original award or as to the compliance with the agreement on compensation, the suspension of benefits shall be terminated within 30 days from the date of such notification. (c) In the case that the Parties have settled a dispute, the suspension of benefits shall be terminated on the date agreed to by the Parties.

NON-IMPLEMENTATION AND SUSPENSION OF BENEFITS. 1. If a Panel has made a determinations of the type described in Article 20.10.2, and the Parties are unable to reach an agreement on a resolution pursuant to Article 20.10.1, within 30 days of receiving the final report, or such other period as the Parties may agree, the Party complained againstagainst shall enter into negotiations with the complaining Party with a view to developing mutually acceptable compensation. 2. If the Parties: (a) fails are unable to comply with an award agree on compensation within 30 days after the period of time for compliance pursuant to Article 12.15developing such compensation has begun; or (b) fails to comply with an agreement have agreed on compensation or on a resolution pursuant to Article 12.15.7; or (c) fails to comply with a decision pursuant to Article 12.17.1(a) 20.10.1, and Article 12.17.2; the complaining Party shall be entitled considers that the Party complained against has failed to observe the terms of the agreement, the complaining Party may at any time thereafter provide written notice to the Party complained against that it intends to suspend benefits under this Agreement equivalent to those affected by the measure the Arbitral Tribunal has found to violate this Agreement, subject application to the following paragraphs. 2Party complained against of benefits of equivalent effect. The suspension notice shall specify the level of benefits shall not be applied during that the course of the proceedings initiated pursuant complaining Party proposes to Article 12.17.1(a). 3suspend. The complaining Party shall notify may begin suspending benefits of equivalent effect 15 days after the Party complained against and the Joint Committee later of the benefits which it intends to suspend, the grounds for such suspension and the date on which it provides notice to the suspension will take effectother Party under this paragraph or the panel issues its determination under paragraph 5, no later than 45 days before such dateas the case may be. 43. In considering which benefits to suspend under pursuant to paragraph 1, 2: (a) the complaining Party should first seek to suspend the application of benefits or other obligations in the same sector or sectors as those affected by the measure or other matter that the Arbitral Tribunal panel has found to be inconsistent with the obligations of this Agreement or to have caused nullification or impairment. In case impairment in the sense Article 20.2.1(c); and (b) the complaining Party that considers that it is impracticable not practicable or ineffective effective to suspend benefits or other obligations in the same sector or sectors, it sectors may suspend benefits in other sectors. 54. The suspension of benefits shall be temporary and be applied by the complaining PartyParty only until the measure found to be inconsistent with the obligations of this Agreement or otherwise nullifying or impairing benefits under Article 20.2.1(c) has been brought into conformity with this Agreement, onlyor until such time as the Parties have otherwise reached an agreement on a resolution of the dispute. 5. If the Party complained against considers that: (a) until the measure found level of benefits that the complaining Party has proposed to violate this Agreement has been withdrawn or amended so as to comply with the original award and with the provisions of this Agreementbe suspended is manifestly excessive; or (b) until an Arbitral Tribunal decides it has eliminated the non-conformity or the nullification or impairment that the compliance measure is compatible with panel has found, it may, within 30 days after the award complaining Party provides notice under paragraph 2, request that the original panel be reconvened to consider the matter. The panel shall reconvene as soon as possible after delivery of the request and with the provisions of this Agreement; or (c) until shall present its determination to the Parties have otherwise settled within 90 days after it reconvenes to review a request under either subparagraph (a) or (b), or within 120 days for a request under both subparagraphs (a) and (b). If the dispute. In these cases panel determines that the suspension level of benefits proposed to be suspended is manifestly excessive, it shall determine the level of benefits it considers to be terminated in accordance with the procedures set forth in paragraph 6of equivalent effect. 6. To terminate a suspension of benefitsThe complaining Party may suspend benefits up to the level the panel has determined under paragraph 5 or, if the panel has not determined the level, the level the Party has proposed to suspend under paragraph 2, unless the panel has determined that the Party complained against shall notify has eliminated the complaining Party of any measure adopted to comply with non-conformity or the original award and the provisions of this Agreement nullification or of its compliance with the agreement on compensation. Such notification shall be accompanied by a request to terminate the suspension of benefitsimpairment. (a) In the event of disagreement between the Parties with respect to the existence or conformity of the notified measure with this Agreement and the original award or in the event of a disagreement as to the compliance with the agreement on compensation, within 60 days from the date of the notification, either Party may refer the matter under Article 12.17.1 (a) to the original Arbitral Tribunal to determine consistency of such measure with this Agreement and the original award or to determine compliance with the agreement on compensation. If pursuant to Article 12.17.1(a), the Arbitral Tribunal determines that the notified measure is consistent with the Agreement and the original award or determines there has been compliance with the agreement on compensation, the suspension of benefits shall be terminated. (b) In the event there is no disagreement between the Parties as to the conformity of the notified measure with this Agreement and the original award or as to the compliance with the agreement on compensation, the suspension of benefits shall be terminated within 30 days from the date of such notification. (c) In the case that the Parties have settled a dispute, the suspension of benefits shall be terminated on the date agreed to by the Parties.