Where one of the parties to this Agreement alleges that the other party has failed to conform to their obligations under this Agreement, the parties agree:
Where one of the. Contracting Parties has not appointed its arbitrator and followed the invitation of the other Contracting Party to make that appointment within two months, the arbitrator shall be appointed upon the request of the latter Contracting Party by the President of the International Court of Justice.
Where one of the. States includes in the profits of an enterprise of that State - and taxes accordingly - profits on which an enterprise of the other State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the States shall if necessary consult each other.
Where one of the parties fails to notify the other of the name of its nominee to the Board of Arbitration, the other party may apply to the Minister responsible for the Labour Act requesting that Minister to choose a person deemed suitable for the purpose. Where the Minister of Community Services & Attorney General chooses such a person that person shall be deemed to be the nominee of the party who failed to give notice of the name of its nominee.
Where one of the. Parties considers that it has a special status with respect to a specific disease or pest, it may request recognition of this status. The Party concerned may also request specific guarantees in respect of imports of animals and animal products, plants and plant products, and other related goods appropriate to the agreed status. The guarantees for specific diseases and pests shall be specified in Implementing Arrangement 4.
Where one of the above named paid holidays falls on a Saturday or Sunday an alternative day may be designated by the Employer as the Paid Holiday.
Where one of the. Contracting Parties, by virtue of a guarantee covering non-commercial risks of investments made in the territory of the other Contracting Party, pays compensation to one of its investors, the other Contracting Party shall recognise the subrogation of the insurer in the rights, obligations and actions of the investor compensated.
Where one of the. Parties is in serious balance of payments difficulties, or under imminent threat thereof, the Party concerned may, in accordance with the conditions established under the GATT 1994 and Article VIII of the Statutes of the IMF, adopt restrictive measures, including measures related to imports, which shall be of limited duration and may not go beyond what is necessary to remedy the balance of payments situation. The m easures shall be progressively relaxed as balance of payments conditions improve and they shall be eliminated when conditions no longer justify their maintenance. The Party concerned shall inform the other Party forthwith of their introduction and, whenever practicable, of a time schedule for their removal.
Where one of the. Parties in in serious balance of payments difficulties, or under imminent threat thereof, the Party concerned may, in accordance with the conditions established under the General Agreement on Tariffs and Trade, adopt restrictive measures, inlcuding measures related to imports, which shall be of limited duration and may not go beyojd what is necessary to remedy the balance of payments situation. The measures shall be progressively relaxed as balance of payments conditions improve and they shall be eliminated when conditions no longer justify their maintenance. The Party shall infrom the other Party forthwith of their introduction and, whenever practicable, of a time schedule for their removal.
Where one of the. Councils fails to meet its responsibilities and liabilities under this Agreement at any time the cost of any resulting penalties losses liabilities or loss shall fall on that Council.
