Page 484 - Regional Comprehensive Economic Partnership (RCEP)

(a) to the settlement of disputes between Parties regarding the
interpretation and application of this Agreement; and

(b) when a Party considers that a measure of another Party is
not in conformity with the obligations under this Agreement
or that another Party has otherwise failed to carry out its
obligations under this Agreement.

2. Subject to Article 19.5 (Choice of Forum), this Chapter shall be
without prejudice to the rights of a Party to have recourse to
dispute settlement procedures available under other agreements
to which it is party.

Article 19.4: General Provisions

1. This Agreement shall be interpreted in accordance with the
customary rules of interpretation of public international law.

2. With respect to any provision of the WTO Agreement that has
been incorporated into this Agreement, the panel shall also
consider relevant interpretations in reports of WTO panels and the
WTO Appellate Body, adopted by the WTO Dispute Settlement
Body. The findings and determinations of the panel cannot add
2
to or diminish the rights and obligations under this Agreement.

3. All notifications, requests, and replies made pursuant to this
Chapter shall be in writing.

4. The Parties to the dispute are encouraged at every stage of a
dispute to make every effort through cooperation and
consultations to reach a mutually agreed solution to the dispute.
Where a mutually agreed solution is reached, the terms and
conditions of the agreement shall be jointly notified by the Parties
to the dispute to the other Parties.

5. Any period of time provided in this Chapter may be modified by
agreement of the Parties to the dispute provided that any
modification shall be without prejudice to the rights of the Third
Parties provided in Article 19.10 (Third Parties).

2 The Parties confirm that the first sentence of this paragraph does not prevent a panel
from considering relevant interpretations in reports of WTO panels and the WTO
Appellate Body adopted by the WTO Dispute Settlement Body, with respect to a
provision of the WTO Agreement which is not incorporated into this Agreement.

19-2