Common use of Awards Clause in Contracts

Awards. 1. Where a tribunal makes an award against a respondent, the tribunal may 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. 2. A tribunal may also award costs and attorney's fees in accordance with this Section and the applicable arbitration rules. 3. Subject to paragraph 1, where a claim is submitted to arbitration under Article 9.12.2(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable laws and regulations provided that such relief does not grant or result in duplicated remedies to any person in light of the award rendered. 4. A tribunal may not award punitive damages. 5. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 6. Subject to paragraph 7, a disputing party shall abide by and comply with an award without delay. 7. A disputing party may not seek enforcement of an award until: (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision or annulment proceedings have been completed; and (b) in the case of an award made under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 9.12.4(d), (i) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, or annul the award; or

Awards. 1. Where a tribunal makes an a final award against a respondent, the tribunal may 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. 2. A tribunal may also award costs and attorney's attorneys’ fees in accordance with this Section Treaty and the applicable arbitration rules. 32. Subject to paragraph 1, where a claim is submitted to arbitration under Article 9.12.2(b24(1)(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable laws and regulations provided that such relief does not grant or result in duplicated remedies to any person in light of the award rendereddomestic law. 43. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 76 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 76. A disputing party may not seek enforcement of an a final award until: : (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision or annulment proceedings have been completed; and and (b) in the case of an a final award made under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 9.12.4(d24(3)(d), (i) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, or annul the award, or (ii) a court has dismissed or allowed an application to revise, set aside, or annul the award and there is no further appeal. 7. Each Party shall provide for the enforcement of an award in its territory. 8. If the respondent fails to abide by or comply with a final award, on delivery of a request by the non-disputing Party, a tribunal shall be established under Article 37 [State-State Dispute Settlement]. Without prejudice to other remedies available under applicable rules of international law, the requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Treaty; orand (b) a recommendation that the respondent abide by or comply with the final award. 9. A disputing party may seek enforcement of an arbitration award under the ICSID Convention or the New York Convention [or the Inter-American Convention] regardless of whether proceedings have been taken under paragraph 8. 10. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention [and Article I of the Inter-American Convention].

Awards. 1. Where a tribunal makes an a final award against a respondent, the tribunal may 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. 2. For greater certainty, when an investor of a Party submits a claim to arbitration under Article 21.1(a) (Submission of a Claim to Arbitration), it may recover only loss or damage that it has incurred in its capacity as an investor of a Party. 3. A tribunal may also award costs and attorney's ’s fees incurred by the disputing parties in connection with the arbitral proceeding and shall determine how and by whom those costs and attorney’s fees shall be paid, in accordance with this Section and the applicable arbitration rules. 34. Subject to paragraph 1, where a claim is submitted to arbitration under Article 9.12.2(b21.1(b) (Submission of a Claim to Arbitration): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have under applicable internal law in the relief under applicable laws and regulations provided that such relief does not grant or result in duplicated remedies to any person in light of the award renderedaward. 45. A tribunal may not award punitive damages. 56. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 67. Subject to paragraph 78 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 78. A disputing party may not seek enforcement of an award until: (a) in the case of a final award made under the ICSID Conventionuntil: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision or annulment proceedings have been completed; and (b) in the case of an award made under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 9.12.4(d), (ia) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, or annul the award; or (b) a court has dismissed or allowed an application to revise, set aside, or annul the award and there is no further appeal. 9. Each Party shall provide for the enforcement of an award in its area. 10. If the non-disputing Party considers that the respondent has failed to abide by or comply with a final award, on delivery of a written request by the non-disputing Party, Section D (Settlement of Disputes between the Parties) shall apply to this matter. If an arbitral panel is established pursuant to such application, the requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations under this Agreement; and (b) in accordance with the rules on the draft report of an arbitral panel under Section D (Settlement of Disputes between the Parties), a recommendation that the respondent abides by or complies with the final award. 11. A disputing party may seek enforcement of an award under the New York Convention, regardless of whether there are proceedings under paragraph 10. 12. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for the purposes of Article I of the New York Convention.

Awards. 1. Where a tribunal makes an a final award against a respondent, the tribunal may 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. 2. A tribunal may also award costs and attorney's attorneys' fees in accordance with this Section and the applicable arbitration rules. 32. Subject to paragraph 1, where a claim is submitted to arbitration under Article 9.12.2(b10.16.1(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable laws and regulations provided that such relief does not grant or result in duplicated remedies to any person in light of the award rendereddomestic law. 43. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 76 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 76. A disputing party may not seek enforcement of an a final award until: : (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (iii) revision or annulment proceedings have been completed; and and (b) in the case of an a final award made under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 9.12.4(d), 10.16.5(d): (i) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, or annul the award; or (ii) a court has dismissed or allowed an application to revise, set aside, or annul the award and there is no further appeal. 7. Each Party shall provide for the enforcement of an award in its territory. 8. A disputing party may seek enforcement of an arbitration award under the ICSID Convention, or the New York Convention regardless of whether actions have been taken under Article 10.18.5. 9. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for the purposes of Article I of the New York Convention.

Awards. 1. Where a tribunal makes an a final award against a respondent, the tribunal may 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. 2. A tribunal may also award costs and attorney's attorneys’ fees in accordance with this Section and the applicable arbitration rules. 32. Subject to paragraph 1, where a claim is submitted to arbitration under Article 9.12.2(b10.15(1)(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable laws and regulations provided that such relief does not grant or result in duplicated remedies to any person in light of the award rendereddomestic law. 43. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 76 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 76. A disputing party may not seek enforcement of an a final award until: : (a) in the case of a final award made under the ICSID Convention:Convention.10-24 (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision or annulment proceedings have been completed; and and (b) in the case of an a final award made under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 9.12.4(d10.15(5)(d), (i) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, or annul the award, or (ii) a court has dismissed or allowed an application to revise, set aside, or annul the award and there is no further appeal. 7. Each Party shall provide for the enforcement of an award in its territory. 8. If the respondent fails to abide by or comply with a final award, on delivery of a request by the non-disputing Party, a panel shall be established under Article 22.6 (Request for an Arbitral Panel). The requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; orand (b) if the Parties agree, a recommendation that the respondent abide by or comply with the final award. 9. A disputing party may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention, or the Inter-American Convention regardless of whether proceedings have been taken under paragraph 8 . 10. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention and Article I of the Inter-American Convention.

Awards. 1. Where a tribunal makes an a final award against a respondent, the tribunal may 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. 2. A tribunal may also award costs and attorney's ’s fees in accordance with this Section and the applicable arbitration rules. 32. Subject to paragraph 1, where a claim is submitted to arbitration under Article 9.12.2(b10.16.1(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable laws and regulations provided that such relief does not grant or result in duplicated remedies to any person in light of the award rendereddomestic law. 43. A tribunal may not award punitive damages. 54. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 65. Subject to paragraph 76 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 76. A disputing party may not seek enforcement of an a final award until: : (a) in the case of a final award made under the ICSID Convention:, (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision or annulment proceedings have been completed; and and (b) in the case of an a final award made under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 9.12.4(d10.16.3(d), , (i) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, or annul the award; or (ii) a court has dismissed or allowed an application to revise, set aside, or annul the award and there is no further appeal. 7. Each Party shall provide for the enforcement of an award in its territory. 8. If the respondent fails to abide by or comply with a final award, on delivery of a request by the Party of the claimant, a panel shall be established under Article 21.6 (Request for an Arbitral Panel). The requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations of this Agreement; and (b) in accordance with Article 21.13 (Initial Report), a recommendation that the respondent abide by or comply with the final award. 9. A disputing party may seek enforcement of an arbitration award under the ICSID Convention, the New York Convention, or the Inter-American Convention regardless of whether proceedings have been taken under paragraph 8. 10. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for purposes of Article I of the New York Convention and Article I of the Inter-American Convention.

Awards. 1. Where a tribunal makes an a final award against a respondent, the tribunal may 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. 2. For greater certainty, when an investor of a Party submits a claim to arbitration under Article 21.1(a) (Submission of a Claim to Arbitration), it may recover only loss or damage that it has incurred in its capacity as an investor of a Party. 3. A tribunal may also award costs and attorney's fees incurred by the disputing parties in connection with the arbitral proceeding and shall determine how and by whom those costs and attorney's fees shall be paid, in accordance with this Section and the applicable arbitration rules. 34. Subject to paragraph 1, where a claim is submitted to arbitration under Article 9.12.2(b21.1(b) (Submission of a Claim to Arbitration): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have under applicable internal law in the relief under applicable laws and regulations provided that such relief does not grant or result in duplicated remedies to any person in light of the award renderedaward. 45. A tribunal may not award punitive damages. 56. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 67. Subject to paragraph 78 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 78. A disputing party may not seek enforcement of an award until: (a) in the case of a final award made under the ICSID Conventionuntil: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision or annulment proceedings have been completed; and (b) in the case of an award made under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 9.12.4(d), (ia) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, or annul the award; or (b) a court has dismissed or allowed an application to revise, set aside, or annul the award and there is no further appeal. 9. Each Party shall provide for the enforcement of an award in its area. 10. If the non-disputing Party considers that the respondent has failed to abide by or comply with a final award, on delivery of a written request by the non-disputing Party, Section D (Settlement of Disputes between the Parties) shall apply to this matter. If an arbitral panel is established pursuant to such application, the requesting Party may seek in such proceedings: (a) a determination that the failure to abide by or comply with the final award is inconsistent with the obligations under this Agreement; and (b) in accordance with the rules on the draft report of an arbitral panel under Section D (Settlement of Disputes between the Parties), a recommendation that the respondent abides by or complies with the final award. 11. A disputing party may seek enforcement of an award under the New York Convention, regardless of whether there are proceedings under paragraph 10. 12. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for the purposes of Article I of the New York Convention.

Awards. 1. Where a tribunal makes an award against a respondent, the tribunal may 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. 2. A tribunal may also award costs and attorney's ’s fees in accordance with this Section and the applicable arbitration rules. 32. Subject to paragraph 1, where a claim is submitted to arbitration under Article 9.12.2(b11.18.1(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable laws and regulations provided that such relief does not grant or result in duplicated remedies to any person in light of the award rendereddomestic laws. 43. A tribunal may not award punitive damages. 4. The award shall be made available to the public promptly. (41) 5. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 6. Subject to paragraph 7, a disputing party shall abide by and comply with an award without delay. 7. A disputing party may shall not seek enforcement of an a final award until: : (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision or annulment proceedings have been completed; and and (b) in the case of an a final award made under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 9.12.4(d), 11.18.4(d) : (i) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, aside or annul the award; or (ii) a court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal. 6. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case.

Awards. 1. Where a tribunal makes an a final award against a respondent, the tribunal may 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. 2. For greater certainty, when an investor of a Party submits a claim to arbitration under Article 10.20.1, it may recover only for loss or damage that it has incurred in its capacity as an investor of a Party. 3. A tribunal may also award costs and attorney's fees in accordance with this Section and the applicable arbitration rules. 3. Subject to paragraph 1, where a claim is submitted to arbitration under Article 9.12.2(b): (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable laws and regulations provided that such relief does not grant or result in duplicated remedies to any person in light of the award rendered. 4. A tribunal may shall not award punitive damages. 5. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case. 6. Subject to paragraph 77 and the applicable review procedure for an interim award, a disputing party shall abide by and comply with an award without delay. 7. A disputing party may shall not seek enforcement of an a final award until: : (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision or annulment proceedings have been completed; and and (b) in the case of an a final award made under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to Article 9.12.4(d), 10.20.3(d): (i) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, or annul the award; or (ii) a court has dismissed or allowed an application to revise, set aside, or annul the award and there is no further appeal. 8. Each Party shall ensure that an award can be recognised and enforced in its jurisdiction. 9. A claim that is submitted to arbitration under this Section shall be considered to arise out of a commercial relationship or transaction for the purposes of Article I of the New York Convention.

Awards. 1. Where a tribunal makes an award against a respondent, the tribunal may 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. 2. A tribunal may also award costs and attorney's ’s fees in accordance with this Section and the applicable arbitration rules. 32. Subject to paragraph 11 of this Article, where a claim is submitted to arbitration under sub-paragraph 1(b) of Article 9.12.2(b):24 [Submission of a Claim to Arbitration]: (a) an award of restitution of property shall provide that restitution be made to the enterprise; (b) an award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and (c) the award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable laws and regulations provided that such relief does not grant or result in duplicated remedies to any person in light of the award rendereddomestic laws. 43. A tribunal may not award punitive damages. 54. An The award shall be made by a tribunal shall have no binding force except between available to the disputing parties and in respect of the particular casepublic promptly. 6. Subject to paragraph 7, a disputing party shall abide by and comply with an award without delay. 75. A disputing party may shall not seek enforcement of an a final award until: : (a) in the case of a final award made under the ICSID Convention: (i) 120 days have elapsed from the date the award was rendered and no disputing party has requested revision or annulment of the award; or (ii) revision or annulment proceedings have been completed; and and (b) in the case of an a final award made under the ICSID Additional Facility Rules, the UNCITRAL Arbitration Rules, or the rules selected pursuant to sub-paragraph 3(d) of Article 9.12.4(d), 24 [Submission of a Claim to Arbitration]: (i) 90 days have elapsed from the date the award was rendered and no disputing party has commenced a proceeding to revise, set aside, aside or annul the award; or (ii) a court has dismissed or allowed an application to revise, set aside or annul the award and there is no further appeal. 6. An award made by a tribunal shall have no binding force except between the disputing parties and in respect of the particular case.