Common use of Suspension of benefits Clause in Contracts

Suspension of benefits. 1. Where the Party complained against fails to implement the recommendation or rulings of a panel, or where there is a disagreement between the Parties as to the existence or consistency with this Agreement of the measures taken to comply with the recommendations or rulings of a panel, the Parties shall have recourse to the Joint Council for the settlement of the dispute. 2. In such a case, the Joint Council shall meet, on the request of a Party, within fifteen (15) days from the expiration of the time frame to implement the final report. In special circumstances the time frame may be adjusted by mutual agreement between the Parties. 3. The Joint Council may engage the assistance of expert advisors with regard to Article XIII.12 in the settlement of disputes between the Parties regarding the implementation of a panel ruling or report. 4. If the Joint Council is unable to resolve the dispute regarding implementation according to paragraph 2, within the next ten (10) days, the panel shall be reconvened to determine whether the Party complained against has effectively implemented the final report. 5. The suspension of benefits or other obligations are temporary measures available in the event that the recommendation and rulings in the final report are not implemented within the stipulated period of time of Article XIII. 6. The complaining Party may suspend the application of benefits of equivalent effect to the Party complained against if the panel determines: (a) that a measure is incompatible with the obligations of this Agreement and the Party complained against does not comply with the final report within the time frame established by the panel; (b) that a measure causes nullification or impairment in the sense of Annex XIII.01 and the Parties do not arrive at a mutually satisfactory agreement of the dispute in the time frame that the panel has established. 7. The suspension of benefits shall last until the Party complained against complies with the panel’s final report or until the Parties reach a mutually satisfactory agreement on the dispute, as the case may be. 8. In considering the suspension of the benefits consistent with paragraph 6: (a) the complaining Party shall first seek to suspend benefits in the same sector or sectors affected by the measure, or by any other measure that the panel has found to be inconsistent with the obligations of this Agreement, or to have caused nullification or impairment in the sense of Annex XIII.01; and (b) where the complaining Party considers it is not feasible or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. 9. At any time after the suspension of benefits, upon the written request of any disputing Party, delivered to the other Party, the Parties shall establish a panel to determine whether the final report has been implemented or not, or whether the level of benefits suspended by a Party pursuant to paragraph 6 is manifestly excessive. To the extent possible, the panel will be constituted by the same panelists that presided over the initial dispute. 10. The panel proceedings for the purposes of paragraph 9 shall be conducted in accordance with the Model Rules of Procedure. The panel shall present its final decision within the sixty (60) days after the last panelist is selected, or such other period as the Parties may agree.

Suspension of benefits. 1. Where Unless the Party complained against fails to implement disputing Parties notify the recommendation or rulings Commission of a panel, or where there is a disagreement between the Parties as to the existence or consistency with this Agreement of the measures taken to comply with the recommendations or rulings of a panel, the Parties shall have recourse to the Joint Council for the settlement of the dispute. 2. In such a case, the Joint Council shall meet, their agreement on the request of a Partyfinal report, within fifteen (15) days from after the expiration of the time frame to implement timeframe determined by the final report. In special circumstances the time frame may be adjusted by mutual agreement between the Parties. 3. The Joint Council may engage the assistance of expert advisors with regard to Article XIII.12 in the settlement of disputes between the Parties regarding the implementation of a panel ruling or report. 4. If the Joint Council is unable to resolve the dispute regarding implementation according to paragraph 2, within the next ten (10) daysarbitral panel, the panel shall be reconvened to determine whether if the Party complained against has effectively implemented conformed to the final report. 5. The suspension of benefits or other obligations are temporary measures available in the event that the recommendation and rulings in the final report are not implemented within the stipulated period of time of Article XIII. 62. The complaining Party may suspend the application of benefits of equivalent effect to the Party complained against from the benefits arising from this Agreement that have an effect equivalent to the benefits not received, if the arbitral panel determines: decides that: (a) that a measure is incompatible inconsistent with the obligations of this Agreement Agreement, and the Party complained against does has not comply with implemented the final report within the time frame term established by the panel; ; or (b) that a measure causes is the cause of nullification or impairment in the sense of Annex XIII.01 15.02, and the disputing Parties do not arrive at reach a mutually satisfactory agreement of the dispute in within the time frame that term established by the panel has established. 7panel. 3. The suspension of benefits shall last until the Party complained against complies with implements the panel’s final report or until the disputing Parties reach a mutually satisfactory agreement on of the dispute, as the case may be. 84. In considering the suspension of the what benefits consistent with paragraph 6: to be suspended pursuant to this Article: (a) the complaining Party shall should first seek to suspend benefits in the same sector or sectors that are affected by the measure, or by any other measure matter that the panel has found to be inconsistent with the obligations of this Agreement, Agreement or to have caused nullification or impairment in the sense of Annex XIII.0115.02; and and (b) where if the complaining Party considers it is not feasible or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. 9. At any time after 5. Once benefits have been suspended, the suspension of benefitsdisputing Parties, upon the written request of any a disputing Party, delivered to the other Party, the Parties shall establish a an arbitral panel to determine whether for determining if the final report has been implemented or notenforced, or whether if the level of benefits suspended by a the complaining Party pursuant is excessive to paragraph 6 is manifestly excessivethe Party complained against, in accordance with this Article. To the extent When possible, the panel will shall be constituted by composed of the same panelists that presided over who resolved the initial dispute. 106. The When the arbitral panel proceedings for established in paragraph 5 is composed of the purposes same panelists who resolved the dispute, it shall submit a final report within thirty (30) days as of the request mentioned in paragraph 9 shall be conducted 5. When the arbitral panel established in accordance with paragraph 5 is not composed of the Model Rules of Procedure. The same panelists, the panel shall present its submit a final decision report within the sixty (60) days of the meeting in which it was established, or when the disputing Parties so decide. 7. When the Party complained against cannot comply with the final report, within thirty (30) days after the last panelist arbitral panel submits the final report, the Party complained against may request consultations with the complaining Party to reach an agreement on alternative measures to compensate the complaining Party. 8. If an agreement on alternative measures is selectednot reached, or such other period as the complaining Party may suspend the benefits, notwithstanding the provisions established in paragraphs 2 and 4, to the extent necessary to persuade the Party complained against to comply with the final report. In the application of this provision, the difference in the development levels of the disputing Parties may agreewill be taken into consideration.

Suspension of benefits. 1. Where the Party complained against fails to implement the recommendation or rulings of a panel, or where there is a disagreement between the Parties as to the existence or consistency with this Agreement of the measures taken to comply with the recommendations or rulings of a panel, the Parties shall have recourse to the Joint Council for the settlement of the dispute. 2. In such a case, the Joint Council shall meet, on the request of a Party, within fifteen (15) days from the expiration of the time frame to implement the final report. In special circumstances the time frame may be adjusted by mutual agreement between the Parties. 3. The Joint Council may engage the assistance of expert advisors with regard to Article XIII.12 in the settlement of disputes between the Parties regarding the implementation of a panel ruling or report. 4. If the Joint Council is unable to resolve the dispute regarding implementation according to paragraph 2, within the next ten (10) days, the panel shall be reconvened to determine whether the Party complained against has effectively implemented the final report. 5. The suspension of benefits or other obligations are temporary measures available in the event that the recommendation and rulings in the final report are not implemented within the stipulated period of time of Article XIII. 6. The complaining Party may suspend the application of benefits of equivalent effect to the Party complained against if the panel determines: (a) that a measure is incompatible with the obligations of this Agreement and the Party complained against does not comply with the final report within the time frame established by the panel; (b) that a measure causes nullification or impairment in the sense of Annex XIII.01 and the Parties do not arrive at a mutually satisfactory agreement of the dispute in the time frame that the panel has established. 7. The suspension of benefits shall last until the Party complained against complies with the panel’s final report or until the Parties reach a mutually satisfactory agreement on the dispute, as the case may be. 8. In considering the suspension of the benefits consistent with paragraph 6: (a) the complaining Party shall first seek to suspend benefits in the same sector or sectors affected by the measure, measure or by any other measure that the panel has found to be inconsistent with the obligations of this Agreement, or to have caused nullification or impairment in the sense of Annex XIII.01; and (b) where the complaining Party considers it is not feasible or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. 9. At any time after the suspension of benefits, upon the written request of any disputing Party, delivered to the other Party, the Parties shall establish a panel to determine whether the final report has been implemented or not, or whether the level of benefits suspended by a Party pursuant to paragraph 6 is manifestly excessive. To the extent possible, the panel will be constituted by the same panelists that presided over the initial dispute. 10. The panel proceedings for the purposes of paragraph 9 shall be conducted in accordance with the Model Rules of Procedure. The panel shall present its final decision within the sixty (60) days after the last panelist is selected, or such other period as the Parties may agree.

Suspension of benefits. 1. Where the Party complained against fails to implement the recommendation or rulings of a panel, or where there is a disagreement between the Parties as to the existence or consistency with this Agreement of the measures taken to comply with the recommendations or rulings of a panel, the Parties shall have recourse to the Joint Council for the settlement of the dispute. 2. In such a case, the Joint Council shall meet, on the request of a Party, within fifteen (15) days from the expiration of the time frame to implement the final report. In special circumstances the time frame may be adjusted by mutual agreement between the Parties. 3. The Joint Council may engage the assistance of expert advisors with regard to Article XIII.12 in the settlement of disputes between the Parties regarding the implementation of a panel ruling or report. 4. If the Joint Council is unable to resolve the dispute regarding implementation according to paragraph 2, within the next ten (10) days, the panel shall be reconvened to determine whether the Party complained against has effectively implemented the final report. 5. The suspension of benefits or other obligations are temporary measures available in the event that the recommendation and rulings in the final report are not implemented within the stipulated period of time of Article XIII. 6. The complaining Party may suspend the application of benefits of equivalent effect to the defendant Party complained against arising from this Agreement that have an effect equivalent to the benefits not received, if the panel determinesarbitral group decides that: (a) that a measure is incompatible inconsistent with the obligations of this Agreement and that the defendant Party complained against does has not comply complied with the final report within the time frame established timeframe determined by the panel;arbitral group in the final report; or (b) that a measure causes is a cause of nullification or impairment as set out in the sense of Annex XIII.01 22.02 and the Parties do have not arrive at reached a mutually satisfactory agreement of on the dispute in within the time frame that timeframe determined by the panel has establishedarbitral group. 72. The suspension of benefits shall last until the Party complained against complies with the panel’s final report or until the Parties reach a mutually satisfactory agreement on the dispute, as the case may be. When the Party complained against, after suspension of benefits, considers that it has adopted measures necessary to implement the final report and the complaining Party does not restore benefits previously suspended, it may ask for the establishment of an arbitral group in accordance with paragraph 4 to determine if it has complied with the final report. 83. In considering the suspension of the benefits consistent to be suspended in accordance with paragraph 6this Article: (a) the complaining Party shall endeavor first seek to suspend benefits in within the same sector or sectors affected by the measure, measure or by any other measure that matter considered by the panel has found to be arbitral group as inconsistent with the obligations arising from this Agreement or that has been a cause of this Agreement, or to have caused nullification or impairment as set out in the sense of Annex XIII.0122.02; and (b) where if the complaining Party considers that it is not feasible or nor effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. 94. At any time after Once the suspension of benefitsbenefits have been suspended pursuant to this Article, upon the written Parties, by request of any disputing in writing from a Party, delivered to the other Party, the Parties shall establish a panel an arbitral group if necessary to determine whether if the final report has been implemented complied with or not, or whether if the level of benefits suspended to the Party complained against by a the complaining Party pursuant under this Article is obviously excessive; the Request shall be deliver to paragraph 6 is manifestly excessivethe other Party and to the designated office. To the extent possiblepracticable, the panel will arbitral group shall be constituted by composed of the same panelists that presided arbitrators who have knowledge over the initial dispute. 105. The panel proceedings before the arbitral group established for the purposes of paragraph 9 4 shall be conducted in accordance with carried forward pursuant to the Model Rules of ProcedureProcedure set out in Article 22.11 and the final report shall be issued within 60 days of the nomination of the last arbitrator, or any other timeframe agreed upon by the Parties. The panel If this arbitral group was composed of the same arbitrators who have knowledge over the dispute, it shall present its final decision report within 30 days of the sixty (60) days after presentation of the last panelist is selected, or such other period as the Parties may agreerequest referred to in paragraph 4.

Suspension of benefits. 1. Where the Party complained against fails to implement the recommendation or rulings of a panel, or where there is a disagreement between Unless the Parties as to notify the existence or consistency with this Agreement Commission of the measures taken to comply with the recommendations or rulings of a panel, the Parties shall have recourse to the Joint Council for the settlement of the dispute. 2. In such a case, the Joint Council shall meet, their agreement on the request of a Partyfinal report, within fifteen (15) days from the expiration of the time frame to implement the final report. In special circumstances the time frame may be adjusted by mutual agreement between the Parties.after the 3. The Joint Council may engage the assistance of expert advisors with regard to Article XIII.12 in the settlement of disputes between the Parties regarding the implementation of a panel ruling or report. 4. If the Joint Council is unable to resolve the dispute regarding implementation according to paragraph 2, within the next ten (10) days, the panel shall be reconvened to determine whether the Party complained against has effectively implemented the final report. 5. The suspension of benefits or other obligations are temporary measures available in the event that the recommendation and rulings in the final report are not implemented within the stipulated period of time of Article XIII. 6. The complaining Party may suspend the application of benefits of equivalent effect to the Party complained against from the benefits arising from this Agreement that have an effect equivalent to the benefits not received, if the arbitral panel determines: (decides that: a) that a measure is incompatible inconsistent with the obligations of this Agreement Agreement, and the Party complained against does has not comply with implemented the final report within the time frame term established by the panel; (; or b) that a measure causes is the cause of nullification or impairment in the sense of Annex XIII.01 18.02, and the Parties do not arrive at reach a mutually satisfactory agreement of the dispute in within the time frame that term established by the panel has established. 7panel. 3. The suspension of benefits shall last until the Party complained against complies with implements the panel’s final report or until the Parties reach a mutually satisfactory agreement on of the dispute, as the case may be. 84. In considering the suspension of the what benefits consistent with paragraph 6: (to be suspended pursuant to this Article: a) the complaining Party shall should first seek to suspend benefits in the same sector or sectors that are affected by the measure, or by any other measure matter that the panel has found to be inconsistent with the obligations of this Agreement, Agreement or to have caused nullification or impairment in the sense of Annex XIII.0118.02; and (and b) where if the complaining Party considers it is not feasible or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. 9. At any time after 5. Once benefits have been suspended, the suspension of benefitsParties, upon the written request of any disputing a Party, delivered to the other Party, the Parties shall establish a an arbitral panel to determine whether for determining if the final report has been implemented or notenforced, or whether if the level of benefits suspended by a the complaining Party pursuant is excessive to paragraph 6 is manifestly excessivethe Party complained against, in accordance with this Article. To the extent When possible, the panel will shall be constituted by composed of the same panelists that presided over who resolved the initial dispute. 106. The When the arbitral panel proceedings for established in paragraph 5 is composed of the purposes same panelists who resolved the dispute, it shall submit a final report within thirty (30) days as of the request mentioned in paragraph 9 shall be conducted 5. When the arbitral panel established in accordance with paragraph 5 is not composed of the Model Rules of Procedure. The same panelists, the panel shall present its submit a final decision report within the sixty (60) days of the meeting in which it was established, or when the Parties so decide. 7. When the Party complained against cannot comply with the final report, within thirty (30) days after the last panelist arbitral panel submits the final report, the said Party may request consultations with the complaining Party to reach an agreement on alternative measures to compensate the complaining Party. 8. If an agreement on alternative measures is selectednot reached, or such other period as the complaining Party may suspend the benefits, notwithstanding the provisions established in above paragraphs 2 and 4, to the extent necessary to persuade the Party complained against to comply with the final report. In the application of this provision, the difference in the development levels of the Parties may agreewill be taken into consideration.

Suspension of benefits. 1. Where the Party complained against fails to implement the recommendation or rulings of a panel, or where there is a disagreement between the Parties as to the existence or consistency with this Agreement of the measures taken to comply with the recommendations or rulings of a panel, the Parties shall have recourse to the Joint Council for the settlement of the dispute. 2. In such a case, the Joint Council shall meet, on the request of a Party, within fifteen (15) days from the expiration of the time frame to implement the final report. In special circumstances the time frame may be adjusted by mutual agreement between the Parties. 3. The Joint Council may engage the assistance of expert advisors with regard to Article XIII.12 in the settlement of disputes between the Parties regarding the implementation of a panel ruling or report. 4. If the Joint Council is unable to resolve the dispute regarding implementation according to paragraph 2, within the next ten (10) days, the panel shall be reconvened to determine whether the Party complained against has effectively implemented the final report. 5. The suspension of benefits or other obligations are temporary measures available in the event that the recommendation and rulings in the final report are not implemented within the stipulated period of time of Article XIII. 6. The complaining Party may suspend the application of benefits of equivalent effect to the Party complained against if the panel determines: (a) that a measure is incompatible with the obligations of this Agreement and the Party complained against does not comply with the final report within the time frame established by the panel; (b) that a measure causes nullification or impairment in the sense of Annex XIII.01 Xxxxx XXXX.01 and the Parties do not arrive at a mutually satisfactory agreement of the dispute in the time frame that the panel has established. 7. The suspension of benefits shall last until the Party complained against complies with the panel’s final report or until the Parties reach a mutually satisfactory agreement on the dispute, as the case may be. 8. In considering the suspension of the benefits consistent with paragraph 6: (a) the complaining Party shall first seek to suspend benefits in the same sector or sectors affected by the measure, or by any other measure that the panel has found to be inconsistent with the obligations of this Agreement, or to have caused nullification or impairment in the sense of Annex XIII.01Xxxxx XXXX.01; and (b) where the complaining Party considers it is not feasible or effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. 9. At any time after the suspension of benefits, upon the written request of any disputing Party, delivered to the other Party, the Parties shall establish a panel to determine whether the final report has been implemented or not, or whether the level of benefits suspended by a Party pursuant to paragraph 6 is manifestly excessive. To the extent possible, the panel will be constituted by the same panelists that presided over the initial dispute. 10. The panel proceedings for the purposes of paragraph 9 shall be conducted in accordance with the Model Rules of Procedure. The panel shall present its final decision within the sixty (60) days after the last panelist is selected, or such other period as the Parties may agree.

Suspension of benefits. 1. Where the Party complained against fails to implement the recommendation or rulings of a panel, or where there is a disagreement between the Parties as to the existence or consistency with this Agreement of the measures taken to comply with the recommendations or rulings of a panel, the Parties shall have recourse to the Joint Council for the settlement of the dispute. 2. In such a case, the Joint Council shall meet, on the request of a Party, within fifteen (15) days from the expiration of the time frame to implement the final report. In special circumstances the time frame may be adjusted by mutual agreement between the Parties. 3. The Joint Council may engage the assistance of expert advisors with regard to Article XIII.12 in the settlement of disputes between the Parties regarding the implementation of a panel ruling or report. 4. If the Joint Council is unable to resolve the dispute regarding implementation according to paragraph 2, within the next ten (10) days, the panel shall be reconvened to determine whether the Party complained against has effectively implemented the final report. 5. The suspension of benefits or other obligations are temporary measures available in the event that the recommendation and rulings in the final report are not implemented within the stipulated period of time of Article XIII. 6. The complaining Party may suspend the application of benefits of equivalent effect to the defendant Party complained against arising from this Agreement that have an effect equivalent to the benefits not received, if the panel determinesarbitral group decides that: (a) that a measure is incompatible inconsistent with the obligations of this Agreement and that the defendant Party complained against does has not comply complied with the final report within the time frame established timeframe determined by the panel;arbitral group in the final report; or (b) that a measure causes is a cause of nullification or impairment as set out in the sense of Annex XIII.01 19.03 and the Parties do have not arrive at reached a mutually satisfactory agreement of on the dispute in within the time frame that timeframe determined by the panel has establishedarbitral group. 72. The suspension of benefits shall last until the defendant Party complained against complies with the panel’s final report or until the Parties reach a mutually satisfactory agreement on the dispute, as the case may be. When the defendant Party, after suspension of benefits, considers that it has adopted measures necessary to implement the final report and the complaining Party does not restore benefits previously suspended, it may ask for the establishment of an arbitral group in accordance with paragraph (4) to determine if it has complied with the final report. 83. In considering the suspension of the benefits consistent to be suspended in accordance with paragraph 6this Article: (a) the complaining Party shall endeavor first seek to suspend benefits in within the same sector or sectors affected by the measure, measure or by any other measure that matter considered by the panel has found to be arbitral group as inconsistent with the obligations arising from this Agreement or that has been a cause of this Agreement, or to have caused nullification or impairment as set out in the sense of Annex XIII.0119.03; and (b) where if the complaining Party considers that it is not feasible or nor effective to suspend benefits in the same sector or sectors, it may suspend benefits in other sectors. 94. At any time after Once the suspension of benefitsbenefits have been suspended pursuant to this Article, upon the written Parties, by request of any disputing in writing from a Party, delivered to the other Party, the Parties shall establish a panel an arbitral group if necessary to determine whether if the final report has been implemented complied with or not, or whether if the level of benefits suspended to the defendant Party by a the complaining Party pursuant to paragraph 6 under this Article is manifestly obviously excessive. To the extent possiblepracticable, the panel will arbitral group shall be constituted by composed of the same panelists that presided arbitrators who have knowledge over the initial dispute. 105. The panel proceedings before the arbitral group established for the purposes of paragraph 9 4 shall be conducted in accordance with carried forward pursuant to the Model Rules of Procedure. The panel Procedure set out in Article 19.13 and the final report shall present its final decision be issued within the sixty (60) days after of the nomination of the last panelist is selectedarbitrator, or such any other period as timeframe agreed upon by the Parties may agreeParties. If this arbitral group was composed of the same arbitrators who have knowledge over the dispute, it shall present its final report within thirty (30) days of the presentation of the request referred to in paragraph 4.