Common use of Provisional Award Clause in Contracts

Provisional Award. 1. Where the Tribunal concludes that a measure in dispute breaches any of the provisions of Chapter 2 (Investment Protection), the Tribunal may, on the basis of a request from the claimant and after hearing the disputing parties, 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 respondent may pay monetary damages and any applicable interest in lieu of restitution, determined in a manner consistent with the relevant provisions of Chapter 2 (Investment Protection). Where the claim was submitted on behalf of a locally established company, any award under this paragraph shall provide that: (a) monetary damages and any applicable interest shall be paid to the locally established company; and (b) any restitution shall be made to the locally established company. The Tribunal may not order the repeal of the treatment concerned. 2. Monetary damages shall not be greater than the loss suffered by the claimant or, as applicable, by its locally established company, as a result of the breach of any of the provisions of Chapter 2 (Investment Protection), reduced by any prior damages or compensation already provided by the Party concerned. For greater certainty, when an investor submits a claim on its own behalf, the investor may recover only loss or damage that the investor has incurred with regards to the covered investment of that investor. 3. The Tribunal may not award punitive damages. 4. The Tribunal shall order that the costs of the proceedings1 be borne by the unsuccessful disputing party. In exceptional circumstances, the Tribunal may apportion costs between the disputing parties if it determines that apportionment is appropriate in the circumstances of the case. Other reasonable costs, including reasonable costs of legal representation and assistance, shall be borne by the unsuccessful disputing party, unless the Tribunal determines that such apportionment is unreasonable in the circumstances of the case. Where only some parts of the claims have been successful the costs shall be adjusted, proportionately, to the number or extent of the successful parts of the claims. The Appeal Tribunal shall deal with costs in accordance with this Article. 5. The Committee may adopt supplementing rules on fees for the purposes of determining the maximum amount of costs of legal representation and assistance that may be borne by specific categories of unsuccessful disputing parties. Such supplementing rules shall take into account the financial resources of a claimant who is a natural person or a small or medium-sized enterprise. The Committee shall endeavour to adopt such supplementing rules no later than one year after the date of entry into force of this Agreement. 6. The Tribunal shall issue a provisional award within 18 months of the date of submission of the claim. If that deadline cannot be respected, the Tribunal shall adopt a decision to that effect, which shall specify the reasons for such delay. 1 For greater certainty, the term "costs of the proceedings" includes (a) the reasonable costs of expert advice and of other assistance required by the Tribunal, and (b) the reasonable travel and other expenses of witnesses to the extent that such expenses are approved by the Tribunal.

Provisional Award. 1. Where the Tribunal concludes that a measure in dispute breaches any of the provisions of Chapter 2 (Investment Protection), the Tribunal may, on the basis of a request from the claimant and after hearing the disputing parties, 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 respondent may pay monetary damages and any applicable interest in lieu of restitution, determined in a manner consistent with the relevant provisions of Chapter 2 (Investment Protection). Where the claim was submitted on behalf of a locally locally-established company, any award under this paragraph shall provide that: (a) monetary damages and any applicable interest shall be paid to the locally established company; and (b) any restitution shall be made to the locally established company. The Tribunal may not order the repeal of the treatment concerned. 2. Monetary damages shall not be greater than the loss suffered by the claimant or, as applicable, by its locally established company, as a result of the breach of any of the provisions of Chapter 2 (Investment Protection), reduced by any prior damages or compensation already provided by the Party concerned. For greater certainty, when an investor submits a claim on its own behalf, the investor may recover only loss or damage that the investor has incurred with regards to the covered investment of that investor. 3. The Tribunal may not award punitive damages. 4. The Tribunal shall order that the costs of the proceedings1 be borne by the unsuccessful disputing party. In exceptional circumstances, the Tribunal may apportion costs between the disputing parties if it determines that apportionment is appropriate in the circumstances of the case. Other reasonable costs, including reasonable costs of legal representation and assistance, shall be borne by the unsuccessful disputing party, unless the Tribunal determines that such apportionment is unreasonable in the circumstances of the case. Where only some parts of the claims have been successful the costs shall be adjusted, proportionately, to the number or extent of the successful parts of the claims. The Appeal Tribunal shall deal with costs in accordance with this Article. 5. The Committee may adopt supplementing rules on fees for the purposes of determining the maximum amount of costs of legal representation and assistance that may be borne by specific categories of unsuccessful disputing parties. Such supplementing rules shall take into account the financial resources of a claimant who is a natural person or a small or medium-sized enterprise. The Committee shall endeavour to adopt such supplementing rules no later than one year after the date of entry into force of this Agreement. 6. The Tribunal shall issue a provisional award within 18 months of the date of submission of the claim. If that deadline cannot be respected, the Tribunal shall adopt a decision to that effect, which shall specify the reasons for such delay. 1 For greater certainty, the term "costs of the proceedings" includes (a) the reasonable costs of expert advice and of other assistance required by the Tribunal, and (b) the reasonable travel and other expenses of witnesses to the extent that such expenses are approved by the Tribunal.

Provisional Award. 1. Where the Tribunal concludes that a measure the treatment in dispute breaches any of is inconsistent with the provisions of Chapter 2 referred to in Article 2.19 (Investment Protection)1) (Scope and Definitions) alleged by the claimant, the Tribunal may, on the basis of a request from the claimant claimant, and after hearing the disputing parties, award, separately or in combination, award only: (a) monetary damages and any applicable interest; and; (b) restitution of property, in which case the award shall provide that the respondent may pay monetary damages representing the fair market value of the property at the time immediately before the expropriation or impending expropriation became known, whichever is earlier, and any applicable interest in lieu of restitution, determined in a manner consistent with the relevant provisions Article 2.12 (Expropriation) of Chapter 2 Section B (Investment Protection) of Chapter II (Investment). Where the claim was submitted on behalf of a locally locally-established company, any award under this paragraph shall provide that: (a) any monetary damages and any applicable interest shall be paid to the locally established company; and; (b) any restitution shall be made to the locally established company. The Tribunal may not order the repeal repeal, cessation or modification of the treatment concerned. 2. Monetary damages shall not be greater than the loss suffered by the claimant or, as applicable, by its the locally established company, as a result of the breach of any the relevant provisions of the provisions of Chapter 2 (Investment Protection)Agreement, reduced by any prior damages or compensation already provided by the Party concerned. For greater certainty, when an investor submits a claim on its own behalf, the investor may recover only loss or damage that the investor has incurred with regards to the covered investment of that investor. 3. The Tribunal may not award punitive damages. 4. The Tribunal shall order that the costs of the proceedings1 proceedings be borne by the unsuccessful disputing party. In exceptional circumstances, the Tribunal may apportion such costs between the disputing parties if it determines that apportionment is appropriate in the circumstances circumstance of the case. Other reasonable costs, including the reasonable costs of legal representation and assistance, shall be borne by the unsuccessful disputing party, unless the Tribunal determines that such apportionment is unreasonable in the circumstances of the case. Where only some parts of the claims have been successful the costs shall be adjusted, proportionately, to the number or extent of the successful parts of the claims. The Appeal Tribunal shall deal with costs in accordance with this Article. 5. The No later than one year after the entry into force of this Agreement, the […] Committee may shall adopt supplementing supplemental rules on fees for the purposes purpose of determining the maximum amount of costs of legal representation and assistance that may be borne by specific categories of an unsuccessful disputing parties. Such supplementing rules shall take into account the financial resources of a claimant who which is a natural person or a small or medium-sized enterprise. The Committee shall endeavour to adopt Such supplemental rules shall, in particular, take into account the financial resources of such supplementing rules no later than one year after claimants and the date amounts of entry into force of this Agreementcompensation sought. 6. The Tribunal shall issue a provisional award within 18 months of the date of submission of the claim. If that deadline cannot be respected, the Tribunal shall adopt a decision to that effect, which shall will specify the reasons for such delay. A provisional award shall become final if 90 days have elapsed after it has been issued and neither disputing party has appealed the award to the Appeal Tribunal. 1 For greater certainty7. Either disputing party may appeal the provisional award, pursuant to Article 2.47 (Appeal Procedure). In such an event, if the term "costs Appeal Tribunal modifies or reverses the provisional award of the proceedings" includes (a) Tribunal then the reasonable costs Tribunal shall, after hearing the disputing parties if appropriate, revise its provisional award to reflect the findings and conclusions of expert advice and of other assistance required the Appeal Tribunal. The provisional award will become final 90 days after its issuance. The Tribunal shall be bound by the Tribunal, and (b) the reasonable travel and other expenses of witnesses to the extent that such expenses are approved findings made by the Appeal Tribunal. The Tribunal shall seek to issue its revised award within 90 days of receiving the report of the Appeal Tribunal.

Provisional Award. 1. Where the Tribunal concludes that a measure in dispute breaches any of the provisions of Chapter 2 (Investment Protection), the Tribunal may, on the basis of a request from the claimant and after hearing the disputing parties, 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 respondent may pay monetary damages and any applicable interest in lieu of restitution, determined in a manner consistent with the relevant provisions of Chapter 2 (Investment Protection). Where the claim was submitted on behalf of a locally locally-established company, any award under this paragraph shall provide that: (a) monetary damages and any applicable interest shall be paid to the locally established company; and (b) any restitution shall be made to the locally established company. The Tribunal may not order the repeal of the treatment concerned. 2. Monetary damages shall not be greater than the loss suffered by the claimant or, as applicable, by its locally established company, as a result of the breach of any of the provisions of Chapter 2 (Investment Protection), reduced by any prior damages or compensation already provided by the Party concerned. For greater certainty, when an investor submits a claim on its own behalf, the investor may recover only loss or damage that the investor has incurred with regards to the covered investment of that investor. 3. The Tribunal may not award punitive damages. 4. The Tribunal shall order that the costs of the proceedings1 proceedings0 be borne by the unsuccessful disputing party. In exceptional circumstances, the Tribunal may apportion costs between the disputing parties if it determines that apportionment is appropriate in the circumstances of the case. Other reasonable costs, including reasonable costs of legal representation and assistance, shall be borne by the unsuccessful disputing party, unless the Tribunal determines that such apportionment is unreasonable in the circumstances of the case. Where only some parts of the claims have been successful the costs shall be adjusted, proportionately, to the number or extent of the successful parts of the claims. The Appeal Tribunal shall deal with costs in accordance with this Article. 5. The Committee may adopt supplementing rules on fees for the purposes of determining the maximum amount of costs of legal representation and assistance that may be borne by specific categories of unsuccessful disputing parties. Such supplementing rules shall take into account the financial resources of a claimant who is a natural person or a small or medium-sized enterprise. The Committee shall endeavour to adopt such supplementing rules no later than one year after the date of entry into force of this Agreement. 6. The Tribunal shall issue a provisional award within 18 months of the date of submission of the claim. If that deadline cannot be respected, the Tribunal shall adopt a decision to that effect, which shall specify the reasons for such delay. 1 For greater certainty, the term "costs of the proceedings" includes (a) the reasonable costs of expert advice and of other assistance required by the Tribunal, and (b) the reasonable travel and other expenses of witnesses to the extent that such expenses are approved by the Tribunal.

Provisional Award. 1. Where the Tribunal concludes that a measure in dispute breaches any of the provisions of Chapter 2 (Investment Protection), the Tribunal may, on the basis of a request from the claimant and after hearing the disputing parties, 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 respondent may pay monetary damages and any applicable interest in lieu of restitution, determined in a manner consistent with the relevant provisions of Chapter 2 (Investment Protection). Where the claim was submitted on behalf of a locally established company, any award under this paragraph shall provide that: (a) monetary damages and any applicable interest shall be paid to the locally established company; and (b) any restitution shall be made to the locally established company. The Tribunal may not order the repeal of the treatment concerned. 2. Monetary damages shall not be greater than the loss suffered by the claimant or, as applicable, by its locally established company, as a result of the breach of any of the provisions of Chapter 2 (Investment Protection), reduced by any prior damages or compensation already provided by the Party concerned. For greater certainty, when an investor submits a claim on its own behalf, the investor may recover only loss or damage that the investor has incurred with regards to the covered investment of that investor. 3. The Tribunal may not award punitive damages. 4. The Tribunal shall order that the costs of the proceedings1 be borne by the unsuccessful disputing party. In exceptional circumstances, the Tribunal may apportion costs between the disputing parties if it determines that apportionment is appropriate in the circumstances of the case. Other reasonable costs, including reasonable costs of legal representation and assistance, shall be borne by the unsuccessful disputing party, unless the Tribunal determines that such apportionment is unreasonable in the circumstances of the case. Where only some parts of the claims have been successful the costs shall be adjusted, proportionately, to the number or extent of the successful parts of the claims. The Appeal Tribunal shall deal with costs in accordance with this Article. 5. The Committee may adopt supplementing rules on fees for the purposes of determining the maximum amount of costs of legal representation and assistance that may be borne by specific categories of unsuccessful disputing parties. Such supplementing rules shall take into account the financial resources of a claimant who is a natural person or a small or medium-sized enterprise. The Committee shall endeavour to adopt such supplementing rules no later than one year after the date of entry into force of this Agreement. 6. The Tribunal shall issue a provisional award within 18 months of the date of submission of the claim. If that deadline cannot be respected, the Tribunal shall adopt a decision to that effect, which shall specify the reasons for such delay. 1 For greater certainty, the term "costs of the proceedings" includes (a) the reasonable costs of expert advice and of other assistance required by the Tribunal, and (b) the reasonable travel and other expenses of witnesses to the extent that such expenses are approved by the Tribunal.

Provisional Award. 1. Where the Tribunal concludes that a measure in dispute breaches any of the provisions of Chapter 2 (Investment Protection), the Tribunal may, on the basis of a request from the claimant and after hearing the disputing parties, 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 respondent may pay monetary damages and any applicable interest in lieu of restitution, determined in a manner consistent with the relevant provisions of Chapter 2 (Investment Protection). Where the claim was submitted on behalf of a locally locally-established company, any award under this paragraph shall provide that: (a) monetary damages and any applicable interest shall be paid to the locally established company; and (b) any restitution shall be made to the locally established company. The Tribunal may not order the repeal of the treatment concerned. 2. Monetary damages shall not be greater than the loss suffered by the claimant or, as applicable, by its locally established company, as a result of the breach of any of the provisions of Chapter 2 (Investment Protection), reduced by any prior damages or compensation already provided by the Party concerned. For greater certainty, when an investor submits a claim on its own behalf, the investor may recover only loss or damage that the investor has incurred with regards to the covered investment of that investor. 3. The Tribunal may not award punitive damages. 4. The Tribunal shall order that the costs of the proceedings1 proceedings (1) be borne by the unsuccessful disputing party. In exceptional circumstances, the Tribunal may apportion costs between the disputing parties if it determines that apportionment is appropriate in the circumstances of the case. Other reasonable costs, including reasonable costs of legal representation and assistance, shall be borne by the unsuccessful disputing party, unless the Tribunal determines that such apportionment is unreasonable in the circumstances of the case. Where only some parts of the claims have been successful the costs shall be adjusted, proportionately, to the number or extent of the successful parts of the claims. The Appeal Tribunal shall deal with costs in accordance with this Article. (1) For greater certainty, the term "costs of the proceedings" includes (a) the reasonable costs of expert advice and of other assistance required by the Tribunal, and (b) the reasonable travel and other expenses of witnesses to the extent such expenses are approved by the Tribunal. 5. The Committee may adopt supplementing rules on fees for the purposes of determining the maximum amount of costs of legal representation and assistance that may be borne by specific categories of unsuccessful disputing parties. Such supplementing rules shall take into account the financial resources of a claimant who is a natural person or a small or medium-sized enterprise. The Committee shall endeavour to adopt such supplementing rules no later than one year after the date of entry into force of this Agreement. 6. The Tribunal shall issue a provisional award within 18 months of the date of submission of the claim. If that deadline cannot be respected, the Tribunal shall adopt a decision to that effect, which shall specify the reasons for such delay. 1 For greater certainty, the term "costs of the proceedings" includes (a) the reasonable costs of expert advice and of other assistance required by the Tribunal, and (b) the reasonable travel and other expenses of witnesses to the extent that such expenses are approved by the Tribunal.

Provisional Award. 1. Where the Tribunal concludes that a measure in dispute breaches the respondent has breached any of the provisions of Chapter 2 referred to in Article 10.24 (Investment Protection)1) (Scope and Definitions) alleged by the claimant, the Tribunal may, on the basis of a request from the claimant claimant, and after hearing the disputing parties, award, separately or in combination, award only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the respondent may pay monetary damages damages, and any applicable interest in lieu of restitution, determined in a manner consistent with the relevant provisions Article 10.17 (Expropriation) of Chapter 2 Section C (Investment Protection) of Chapter 10 (Investment). Where the claim was submitted on behalf of a locally locally-established company, any award under this paragraph shall provide that: (a) any monetary damages and any applicable interest shall be paid to the locally established company; and; (b) any restitution of property shall be made to the locally established company. The For greater certainty, the Tribunal may not award remedies other than those referred to in paragraph 1, nor may order the repeal repeal, cessation or modification of the treatment measure concerned. 2. Monetary damages shall not be greater than the loss suffered by the claimant or, as applicableif the claimant acted on behalf of the locally established enterprise, by its the locally established companyenterprise, as a result of the breach of any the relevant provisions of the provisions of Chapter 2 (Investment Protection)Agreement, reduced by any prior damages or compensation already provided by the Party concerned. The Tribunal shall establish such monetary damages based on the submissions of the disputing parties, and shall consider, if applicable, contributory fault, whether deliberate or negligent, or failure to mitigate damages. 3. For greater certainty, when if an investor of a Party submits a claim on its own behalf, the investor pursuant Article 10.29 (Submission of a Claim) it may recover only for loss or damage that the investor it has incurred with regards to the covered investment in its capacity as an investor of that investora Party. 34. The Tribunal may not award punitive damages. 45. The Tribunal shall order that the costs of the proceedings1 conduct of the proceedings be borne by the unsuccessful disputing party. In exceptional circumstances, the Tribunal may apportion such costs between the disputing parties if it determines that apportionment is appropriate in the circumstances of the case. 6. Other The Tribunal shall also allocate other reasonable costs, including the reasonable costs of legal representation and assistance, shall to be borne by the unsuccessful disputing partyparty when it dismisses a claim and renders an award pursuant to Articles 10.41 (Claims manifestly without legal merit) and 10.42 (Claims unfounded as a matter of law). In other circumstances, unless the Tribunal determines that such apportionment is unreasonable in shall determine the circumstances allocation of other reasonable costs, including the reasonable costs of legal representation and assistance among the disputing parties, considering the outcome of the caseproceedings and other relevant circumstances, such as the conduct of the parties. 7. Where only some parts of the claims have been successful the costs shall be adjusted, proportionately, to the number or extent of the successful parts of the claims. 8. The Appeal Tribunal shall deal with costs in accordance with this Article. 59. The No later than one year after the entry into force of this Agreement, the [...] Committee may shall adopt supplementing supplemental rules on fees for the purposes purpose of determining the maximum amount of costs of legal representation and assistance that may be borne by specific categories of unsuccessful disputing parties. Such supplementing rules shall take , taking into account the their financial resources of a claimant who is a natural person or a small or medium-sized enterprise. The Committee shall endeavour to adopt such supplementing rules no later than one year after the date of entry into force of this Agreementresources. 610. The Tribunal shall issue a provisional award within 18 24 months of the date of submission of the claim. If that deadline cannot be respected, the Tribunal shall adopt a decision to that effect, which shall will specify to the disputing parties the reasons for such delay. 1 For greater certainty, delay and indicate an estimated date for the term "costs issuance of the proceedings" includes (a) the reasonable costs of expert advice and of other assistance required by the Tribunal, and (b) the reasonable travel and other expenses of witnesses to the extent that such expenses are approved by the Tribunalprovisional award.

Provisional Award. 1. Where the Tribunal concludes that a measure in dispute breaches the respondent has breached any of the provisions of Chapter 2 referred to in Article 10.24 (Investment Protection)1) (Scope and Definitions) alleged by the claimant, the Tribunal may, on the basis of a request from the claimant claimant, and after hearing the disputing parties, award, separately or in combination, award only: (a) monetary damages and any applicable interest; and (b) restitution of property, in which case the award shall provide that the respondent may pay monetary damages damages, and any applicable interest in lieu of restitution, determined in a manner consistent with the relevant provisions Article 10.17 (Expropriation) of Chapter 2 Section C (Investment Protection) of Chapter 10 (Investment). Where the claim was submitted on behalf of a locally locally-established company, any award under this paragraph shall provide that: (a) any monetary damages and any applicable interest shall be paid to the locally established company; and; (b) any restitution of property shall be made to the locally established company. The For greater certainty, the Tribunal may not award remedies other than those referred to in paragraph 1, nor may order the repeal repeal, cessation or modification of the treatment measure concerned. 2. Monetary damages shall not be greater than the loss suffered by the claimant or, as applicableif the claimant acted on behalf of the locally established enterprise, by its the locally established companyenterprise, as a result of the breach of any the relevant provisions of the provisions of Chapter 2 (Investment Protection)Agreement, reduced by any prior damages or compensation already provided by the Party concerned. The Tribunal shall establish such monetary damages based on the submissions of the disputing parties, and shall consider, if applicable, contributory fault, whether deliberate or negligent, or failure to mitigate damages. 3. For greater certainty, when if an investor of a Party submits a claim on its own behalf, the investor pursuant Article 10.29 (Submission of a Claim) it may recover only for loss or damage that the investor it has incurred with regards to the covered investment in its capacity as an investor of that investora Party. 34. The Tribunal may not award punitive damages. 45. The Tribunal shall order that the costs of the proceedings1 conduct of the proceedings be borne by the unsuccessful disputing party. In exceptional circumstances, the Tribunal may apportion such costs between the disputing parties if it determines that apportionment is appropriate in the circumstances of the case. 6. Other The Tribunal shall also allocate other reasonable costs, including the reasonable costs of legal representation and assistance, shall to be borne by the unsuccessful disputing partyparty when it dismisses a claim and renders an award pursuant to Articles 10.41 (Claims manifestly without legal merit) and 10.42 (Claims unfounded as a matter of law). In other circumstances, unless the Tribunal determines that such apportionment is unreasonable in shall determine the circumstances allocation of other reasonable costs, including the reasonable costs of legal representation and assistance among the disputing parties, considering the outcome of the caseproceedings and other relevant circumstances, such as the conduct of the parties. 7. Where only some parts of the claims have been successful the costs shall be adjusted, proportionately, to the number or extent of the successful parts of the claims. 8. The Appeal Tribunal shall deal with costs in accordance with this Article. 59. The No later than one year after the entry into force of this Agreement, the […] Committee may shall adopt supplementing supplemental rules on fees for the purposes purpose of determining the maximum amount of costs of legal representation and assistance that may be borne by specific categories of unsuccessful disputing parties. Such supplementing rules shall take , taking into account the their financial resources of a claimant who is a natural person or a small or medium-sized enterprise. The Committee shall endeavour to adopt such supplementing rules no later than one year after the date of entry into force of this Agreementresources. 610. The Tribunal shall issue a provisional award within 18 24 months of the date of submission of the claim. If that deadline cannot be respected, the Tribunal shall adopt a decision to that effect, which shall will specify to the disputing parties the reasons for such delay. 1 For greater certainty, delay and indicate an estimated date for the term "costs issuance of the proceedings" includes (a) the reasonable costs of expert advice and of other assistance required by the Tribunal, and (b) the reasonable travel and other expenses of witnesses to the extent that such expenses are approved by the Tribunalprovisional award.

Provisional Award. 1. Where the Tribunal concludes that a measure the treatment in dispute breaches any of is inconsistent with the provisions of Chapter 2 referred to in Article 2.19 (Investment Protection)1) (Scope and Definitions) alleged by the claimant, the Tribunal may, on the basis of a request from the claimant claimant, and after hearing the disputing parties, award, separately or in combination, award only: (a) monetary damages and any applicable interest; and; (b) restitution of property, in which case the award shall provide that the respondent may pay monetary damages representing the fair market value of the property at the time immediately before the expropriation or impending expropriation became known, whichever is earlier, and any applicable interest in lieu of restitution, determined in a manner consistent with the relevant provisions Article 2.12 (Expropriation) of Chapter 2 Section B (Investment Protection) of Chapter II (Investment). Where the claim was submitted on behalf of a locally locally-established company, any award under this paragraph shall provide that: (a) any monetary damages and any applicable interest shall be paid to the locally established company; and; (b) any restitution shall be made to the locally established company. The Tribunal may not order the repeal repeal, cessation or modification of the treatment concerned. 2. Monetary damages shall not be greater than the loss suffered by the claimant or, as applicable, by its the locally established company, as a result of the breach of any the relevant provisions of the provisions of Chapter 2 (Investment Protection)Agreement, reduced by any prior damages or compensation already provided by the Party concerned. For greater certainty, when an investor submits a claim on its own behalf, the investor may recover only loss or damage that the investor has incurred with regards to the covered investment of that investor. 3. The Tribunal may not award punitive damages. 4. The Tribunal shall order that the costs of the proceedings1 proceedings be borne by the unsuccessful disputing party. In exceptional circumstances, the Tribunal may apportion such costs between the disputing parties if it determines that apportionment is appropriate in the circumstances circumstance of the case. Other reasonable costs, including the reasonable costs of legal representation and assistance, shall be borne by the unsuccessful disputing party, unless the Tribunal determines that such apportionment is unreasonable in the circumstances of the case. Where only some parts of the claims have been successful the costs shall be adjusted, proportionately, to the number or extent of the successful parts of the claims. The Appeal Tribunal shall deal with costs in accordance with this Article. 5. The No later than one year after the entry into force of this Agreement, the […] Committee may shall adopt supplementing supplemental rules on fees for the purposes purpose of determining the maximum amount of costs of legal representation and assistance that may be borne by specific categories of an unsuccessful disputing parties. Such supplementing rules shall take into account the financial resources of a claimant who which is a natural person or a small or medium-sized enterprise. The Committee shall endeavour to adopt Such supplemental rules shall, in particular, take into account the financial resources of such supplementing rules no later than one year after claimants and the date amounts of entry into force of this Agreementcompensation sought. 6. The Tribunal shall issue a provisional award within 18 months of the date of submission of the claim. If that deadline cannot be respected, the Tribunal shall adopt a decision to that effect, which shall will specify the reasons for such delay. 1 For greater certainty, the term "costs of the proceedings" includes (a) the reasonable costs of expert advice and of other assistance required by the Tribunal, and (b) the reasonable travel and other expenses of witnesses to the extent that such expenses are approved by the Tribunal.