Page 485 - Regional Comprehensive Economic Partnership (RCEP)

(a) to the settlement of disputes between Parties regarding the 6. The prompt settlement of disputes in which a Party considers that
interpretation and application of this Agreement; and any benefits accruing to it directly or indirectly under this
Agreement is being impaired by measures taken by another Party
(b) when a Party considers that a measure of another Party is is essential to the effective functioning of this Agreement and the
not in conformity with the obligations under this Agreement maintenance of a proper balance between the rights and
or that another Party has otherwise failed to carry out its obligations of the Parties.
obligations under this Agreement.

2. Subject to Article 19.5 (Choice of Forum), this Chapter shall be Article 19.5: Choice of Forum
without prejudice to the rights of a Party to have recourse to
dispute settlement procedures available under other agreements 1. Where a dispute concerns substantially equivalent rights and
to which it is party. obligations under this Agreement and another international trade
or investment agreement to which the Parties to the dispute are
party, the Complaining Party may select the forum in which to
Article 19.4: General Provisions settle the dispute and that forum shall be used to the exclusion of
other fora.
1. This Agreement shall be interpreted in accordance with the
customary rules of interpretation of public international law. 2. For the purposes of this Article, the Complaining Party shall be
deemed to have selected the forum in which to settle the dispute
2. With respect to any provision of the WTO Agreement that has when it has requested the establishment of a panel pursuant to
been incorporated into this Agreement, the panel shall also paragraph 1 of Article 19.8 (Request for Establishment of a Panel)
consider relevant interpretations in reports of WTO panels and the or requested the establishment of, or referred a matter to, a
WTO Appellate Body, adopted by the WTO Dispute Settlement dispute settlement panel or tribunal under another international
Body. The findings and determinations of the panel cannot add trade or investment agreement.
2
to or diminish the rights and obligations under this Agreement.
3. This Article shall not apply where the Parties to the dispute agree
3. All notifications, requests, and replies made pursuant to this in writing that this Article shall not apply to a particular dispute.
Chapter shall be in writing.

4. The Parties to the dispute are encouraged at every stage of a Article 19.6: Consultations
dispute to make every effort through cooperation and
consultations to reach a mutually agreed solution to the dispute. 1. Any Party may request consultations with any other Party with
Where a mutually agreed solution is reached, the terms and respect to any matter described in paragraph 1 of Article 19.3
conditions of the agreement shall be jointly notified by the Parties (Scope). A Responding Party shall accord due consideration to
to the dispute to the other Parties. a request for consultations made by a Complaining Party and
shall accord adequate opportunity for such consultations.
5. Any period of time provided in this Chapter may be modified by
agreement of the Parties to the dispute provided that any 2. Any request for consultations made pursuant to paragraph 1 shall
modification shall be without prejudice to the rights of the Third give the reasons for the request, including identification of the
Parties provided in Article 19.10 (Third Parties). measures at issue and an indication of the factual and legal basis
for the complaint.

3. The Complaining Party shall simultaneously provide a copy of the
2 The Parties confirm that the first sentence of this paragraph does not prevent a panel request for consultations made pursuant to paragraph 1 to the
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 other Parties.
provision of the WTO Agreement which is not incorporated into this Agreement.

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