Compensation and Suspension of Concessions or other Obligations Sample Clauses

Compensation and Suspension of Concessions or other Obligations. 1. Compensation and the suspension of concessions or other obligations are temporary measures available in the event that the Responding Party does not comply with its obligation under Article 15.1 (Implementation). However, neither compensation nor the suspension of concessions or other obligations is preferred to compliance with the obligation under _ Article 15.1 (Implementation). Compensation is voluntary and, if granted, shall be consistent with this Agreement.
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Compensation and Suspension of Concessions or other Obligations. 1. If the Party complained against does not comply with a ruling of the arbitration panel referred to in Article 12.8, or notifies the complaining Party that it does not intend to comply with the ruling in the final panel report, that Party shall, if so requested by the complaining Party, enter into consultations with a view to agreeing on mutually acceptable compensation. Only if such consultations have been requested and no agreement has been reached within 20 days from the receipt of the request, the complaining Party shall be entitled to suspend the application of concessions or other obligations granted under this Agreement but only equivalent to those affected by the measure that the arbitration panel has found to be inconsistent with this Agreement.
Compensation and Suspension of Concessions or other Obligations. 1. Neither compensation nor the suspension of concessions or other obligations is preferred to compliance with the obligation under Article 15.1. Compensation is voluntary and, if granted, shall be consistent with this Agreement.
Compensation and Suspension of Concessions or other Obligations. 1. If the Party complained against fails to notify the complaining Party of any measure taken to comply with the arbitration award, or notifies the complaining Party that it is impracticable to comply with the arbitration award within the reasonable period of time, or the original panel finds, in accordance with paragraph 2 of Article 12.9, that the measures taken to comply with the arbitration award as notified by the Party complained against are inconsistent with the provisions of this Agreement, that Party shall, if so requested by the complaining Party, enter into consultations with a view to agreeing on mutually satisfactory compensation or any alternative arrangement.
Compensation and Suspension of Concessions or other Obligations. Compensation and the suspension of concessions or other obligations are temporary measures available in the event that the Responding Party does not comply with its obligation under Article 15.1 (Implementation). However, neither compensation nor the suspension of concessions or other obligations is preferred to compliance with the obligation under Article 15.1 (Implementation). Compensation is voluntary and, if granted, shall be consistent with this Agreement. Where either of the following circumstances exists: the Responding Party has notified the Complaining Party that it does not intend to comply with the obligation in Article 15.1 (Implementation); or a failure to comply with the obligation in Article 15.1 (Implementation) has been established in accordance with Article 16 (Compliance Review), the Responding Party shall, if so requested by the Complaining Party, enter into negotiations with a view to developing mutually acceptable compensation. If no satisfactory compensation has been agreed within 30 days of the date of a request made under Paragraph 2, the Complaining Party may at any time thereafter notify the Responding Party and the other Parties that it intends to suspend the application to the Responding Party of concessions or other obligations equivalent to the level of nullification and impairment, and shall have the right to begin suspending concessions or other obligations 30 days after the date of receipt of the notification. The right to suspend concessions or other obligations arising under Paragraph 3 shall not be exercised where: a review is being undertaken pursuant to Paragraph 8; or a mutually agreed solution has been reached. A notification made under Paragraph 3 shall specify the level of concessions or other obligations that the Complaining Party proposes to suspend, and the relevant Chapter and sector(s) which the concessions or other obligations are related to. In considering what concessions or other obligations to suspend, the Complaining Party shall apply the following principles: the Complaining Party should first seek to suspend concessions or other obligations in the same sector or sectors as that affected by the measure; and the Complaining Party may suspend concessions or other obligations in other sectors it if considers that it is not practicable or effective to suspend concessions or other obligations in the same sector. The level of suspending concessions or other obligations shall be equivalent to the level of nul...
Compensation and Suspension of Concessions or other Obligations. 1. If the arbitral tribunal under Article 15.14 (Compliance Review) finds that the responding Party fails to bring the measure found to be inconsistent with this Agreement into compliance with the recommendations and rulings of the arbitral tribunal within the reasonable period of time established, or the responding Party expresses in writing that it will not implement the recommendations and rulings, such Party shall, if so requested by the complaining Party, enter into negotiation with the complaining Party, with a view to agreeing on a mutually acceptable compensation. If the Parties fail to reach an agreement on compensation within 15 days after entering into negotiation for compensation, or if no such a request has been made, the complaining Party may suspend the application of concessions or other obligations to the Party complained against. The complaining Party shall notify the responding Party 30 days before suspending concessions or other obligations. The notification shall indicate the level and scope of the suspension of concessions or other obligations.
Compensation and Suspension of Concessions or other Obligations. 1. If a panel has concluded, in accordance with Article 151 (Report of the Panel), that a measure or other matter at issue is inconsistent with this Agreement and the Party complained against has failed to carry out the recommendations of the panel report within the reasonable period of time, or if the complaining Party considers that the Party complained against has failed to carry out the mutually satisfactory solution, or if the panel, in accordance with Article 154 (Compliance Review) concludes that the measure taken to comply is inconsistent with that Party’s obligations under this Agreement, the Party complained against shall enter into negotiations with the complaining Party with a view to developing mutually acceptable compensation.
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Compensation and Suspension of Concessions or other Obligations. 1. The responding Party shall, if requested by the complaining Party, enter into negotiations with a view to agreeing on mutually acceptable compensation, where:
Compensation and Suspension of Concessions or other Obligations. 1. If the Party complained against fails to notify any measure taken to comply with the final report of the arbitration panel in accordance with Article 5.12 (Implementation of the Arbitration Panel Report), or if the arbitration panel determines that any measure notified under Article 5.12 (Implementation of the Arbitration Panel Report) does not exist or is inconsistent with any provision of this Agreement, the Party complained against shall enter into negotiations with the complaining Party, with a view to reaching a mutually acceptable agreement on compensation.
Compensation and Suspension of Concessions or other Obligations. 1. If the Party complained against fails to notify any measure taken to comply with the determinations and recommendations in the final report before the expiry of the reasonable period of time, or if the arbitration panel determines that no measure taken to comply exists or that the measure notified under paragraph 7 of Article 16.10 (Implementation of Arbitration Panel Report) is inconsistent with that Party’s obligations under the provisions referred to in Article 16.2 (Scope), the Party complained against shall, enter into negotiations with the complaining Party with a view to developing mutually acceptable agreement on compensation.
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