Page 489 - Regional Comprehensive Economic Partnership (RCEP)

(i) reply to the request for consultations in accordance Article 19.9: Procedures for Multiple Complainants
with subparagraph 5(a) of Article 19.6
(Consultations); or 1. Where more than one Party requests the establishment or
reconvening of a panel relating to the same matter, a single panel
(ii) enter into consultations in accordance with should be established or reconvened to examine the complaints
paragraph 6 of Article 19.6 (Consultations); or relating to that matter whenever feasible.

(b) the consultations fail to resolve a dispute within: 2. The single panel shall organise its examination and present its
findings and determinations to the Parties to the disputes in such
(i) 20 days after the date of the Responding Party’s a manner that the rights which the Parties to the disputes would
receipt of the request for consultations made have enjoyed had separate panels examined the complaints are
pursuant to paragraph 1 of Article 19.6 in no way impaired.
(Consultations) in cases of urgency including those
which concern perishable goods; or 3. If more than one panel is established or reconvened to examine
the complaints relating to the same matter, the Parties to the
(ii) 60 days after the date of the Responding Party’s disputes shall endeavour to ensure that the same individuals
receipt of the request for consultations made serve as panellists on each of the separate panels. The panels
pursuant to paragraph 1 of Article 19.6 shall consult with each other and the Parties to the disputes to
(Consultations) regarding any other matter. ensure, to the greatest extent possible, that the timetables for the
panels’ processes are harmonised.
2. A request for the establishment of a panel made pursuant to
paragraph 1 shall identify the specific measures at issue and
provide details of the factual and legal basis for the complaint, Article 19.10: Third Parties
including the relevant provisions of this Agreement, to be
addressed by the panel, sufficient to present the problem clearly. 1. The interests of the Parties to the dispute and those of other
Parties shall be fully taken into account during the panel process.
3. The Complaining Party shall simultaneously provide a copy of the
request for the establishment of a panel made pursuant to 2. Any Party having a substantial interest in a matter before a panel
paragraph 1 to the other Parties. may notify the Parties to the dispute of its interest no later than 10
days after the date of the request made pursuant to:
4. The Responding Party shall immediately acknowledge its receipt
of the request for the establishment of a panel made pursuant to (a) paragraph 1 of Article 19.8 (Request for Establishment of
paragraph 1, by way of notification to the Complaining Party, a Panel); or
indicating the date on which the request was received, otherwise
the date when the request was made shall be deemed to be the (b) paragraph 1 of Article 19.16 (Compliance Review); or
date of the Responding Party’s receipt of the request. The
Responding Party shall simultaneously provide a copy of the (c) paragraph 13 of Article 19.17 (Compensation and
notification to the other Parties. Suspension of Concessions or Other Obligations).

5. Where a request for the establishment of a panel is made The notifying Party shall simultaneously provide a copy of the
pursuant to paragraph 1, a panel shall be established in notification to the other Parties.
accordance with Article 19.11 (Establishment and Reconvening
of a Panel). 3. Any Party notifying its substantial interest pursuant to paragraph
2 shall have the rights and obligations of a Third Party.

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