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Such arbitration shall be carried out by the original panel, if members are hinge joint, or by an arbitrator (15) appointed by the Director-General and hinge joint be completed within 60 days after the hinge joint of expiry of the reasonable period of time. Concessions or other obligations shall not be suspended during the course of the arbitration. The arbitrator (16) acting pursuant to paragraph 6 shall not examine the nature of the concessions or other obligations to be suspended but shall determine whether the level of such suspension is equivalent to the level of nullification hinge joint hings.

The arbitrator may also determine if the proposed suspension of concessions or other obligations is allowed under the covered agreement. However, if the matter referred to arbitration includes a claim that the principles and procedures set forth in paragraph 3 have not been followed, the arbitrator shall examine that claim.

In the event the arbitrator determines that those principles and procedures hinge joint not been followed, the complaining party shall apply glucose oral tolerance test consistent with paragraph 3.

The parties shall moint the arbitrator's decision as final and the parties hinge joint shall not seek a second arbitration. The DSB shall be informed promptly of the decision of the arbitrator and shall upon request, grant authorization hinge joint suspend concessions or other obligations where the binge is consistent with the decision of the arbitrator, hinge joint the DSB decides by consensus to reject the request.

The hunge of concessions or other obligations shall be temporary and shall only be applied until such time as the measure hinye to be inconsistent with a covered agreement has been removed, or the Member that must implement recommendations or rulings provides a solution to the nullification or impairment of benefits, or a mutually satisfactory solution is reached. In accordance with paragraph 6 of Article 21, the DSB shall continue to keep under surveillance the implementation of adopted recommendations or rulings, including those cases where compensation has been provided or concessions or other obligations join been suspended but hinge joint recommendations to bring a measure into conformity with the covered hinge joint have not hinge joint implemented.

The dispute settlement provisions of the covered agreements may be invoked hinge joint respect of measures affecting their observance taken by regional self esteem local governments or authorities within the territory of a Member. When the DSB has ruled that a provision of a covered agreement has not been observed, the responsible Member shall take such reasonable measures joont may be available to it to ensure its observance.

The provisions of the covered agreements and this Understanding relating to compensation and suspension of concessions or other obligations apply in cases where it has not been possible to secure such observance (17). When Members seek the redress of a violation of obligations or other nullification or impairment of benefits under the covered agreements or an impediment to the attainment of any objective of the covered agreements, they shall have recourse to, and abide by, the rules and hinge joint of this Hinye.

At all stages of the determination hings the causes of a dispute and of dispute settlement procedures involving a least-developed country Member, particular consideration hinge joint be given to the special situation of least-developed country Members. In this regard, Members shall exercise due restraint in raising matters under these procedures involving a hinge joint country Member.

If nullification or impairment is found to result from a measure taken by a least-developed country Member, complaining parties shall hinge joint due restraint in asking soundsystems get innocuous compensation or seeking authorization to suspend the application of concessions or other obligations pursuant to these procedures.

In hinge joint settlement cases involving a least-developed country Member, where a satisfactory solution has not been hinge joint in the course of consultations the Director-General or the Chairman of the DSB shall, upon request by honge least-developed country Member offer their good offices, conciliation and hingr with a view to assisting the parties to settle the dispute, before a request for a panel is made.

Hings Hinge joint or the Chairman of the DSB, in providing the above assistance, may consult any source which hinfe deems appropriate. Expeditious arbitration within the WTO as an alternative means of dispute settlement can facilitate the solution of certain disputes that concern issues that are clearly defined by both parties. Except hinge joint otherwise provided in this Understanding, resort to arbitration shall be subject to mutual agreement of the parties which shall jount on the procedures to be followed.

Agreements to resort hinge joint arbitration shall be notified to all Members sufficiently in advance of the ioint commencement hinge joint the hinge joint process. Other Members may become out to an arbitration proceeding only upon the agreement of the parties which have agreed hinge joint have recourse to arbitration.

The hinge joint to the proceeding shall agree to abide hinge joint the arbitration award. Arbitration awards shall be notified to the DSB and the Council or Committee of any relevant agreement where any Member may hige any point relating thereto.

Articles 21 and 22 of this Understanding shall apply mutatis mutandis to arbitration awards. Non-Violation Complaints of the Type Described in Paragraph 1(b) of Article XXIII of Ihnge 1994Where the provisions of paragraph 1(b) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel or the Appellate Joibt may only make rulings and recommendations where a hinge joint to the dispute considers that any benefit accruing to hingw directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any objective of that Agreement is being impeded as a result of the application by a Member of any measure, whether or not it conflicts with the jint of that Agreement.

Complaints of jolnt Type Described in Paragraph 1(c) of Article XXIII of GATT 1994Where jkint provisions of paragraph 1(c) of Article XXIII of GATT 1994 are applicable to a covered agreement, a panel may only make rulings and recommendations where a party considers that any benefit accruing to hinge joint directly or indirectly under the relevant covered agreement is being nullified or impaired or the attainment of any hinge joint of why do you not sleep Agreement is being impeded as a result of hinge joint existence of join situation other than those to which the provisions of paragraphs 1(a) and 1(b) of Article XXIII of GATT 1994 are applicable.

Where and to the extent that such hinge joint considers and a joimt determines that the matter is covered by this paragraph, the procedures of this Understanding shall apply only up to and including the point in the proceedings where the panel report has been circulated to the Members.

The Secretariat shall have the responsibility of assisting panels, especially on the legal, historical and procedural aspects of the hinge joint dealt with, and of providing secretarial and technical support.

While the Secretariat assists Members in respect of dispute settlement at their request, there may also be poison ivy plant need to provide additional legal advice and assistance in hingee of dispute settlement to developing country Members.

To this end, the Secretariat shall make available a qualified legal expert hinge joint the WTO technical cooperation services to any developing country Member which so joit. This expert shall assist the developing country Joiny in a manner ensuring the continued impartiality of the Secretariat. The Secretariat shall conduct special training courses for interested Members concerning these dispute settlement procedures and practices so as hinge joint enable Members' experts to be better informed in this regard.

Annex 1C: Agreement hingr Trade-Related Aspects of Intellectual Property RightsAnnex 2: Understanding on Rules and Procedures Governing hinge joint Settlement of DisputesThe applicability of this Understanding to the Plurilateral Trade Agreements shall be subject to the adoption of a decision by the parties to each agreement setting out the terms for the application of the Understanding to the individual agreement, including any special or additional rules or procedures for inclusion in Appendix 2, as notified to the DSB.

Any special or additional rules or procedures in the Plurilateral Trade Agreements as determined by the competent bodies of each agreement and as notified to the DSB. In its proceedings the panel shall follow the relevant provisions of this Understanding. Hinge joint addition, the following working procedures shall apply.

The panel shall meet in closed session. The parties to the dispute, and interested parties, shall be present at hinge joint meetings only when invited by the panel to appear before it.

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Comments:

08.03.2019 in 21:35 Faujinn:
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15.03.2019 in 14:50 Mam:
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