Page 506 - Regional Comprehensive Economic Partnership (RCEP)
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10. In the event the panel reconvened pursuant to paragraph 9
determines that the level of suspension is not equivalent to the
level of nullification or impairment, it shall determine the
appropriate level of suspension it considers to be of equivalent
effect. In the event the panel determines that the Responding
Party has observed the terms and conditions of the compensation
agreement, the Complaining Party shall not suspend concessions
or other obligations referred to in paragraph 3. In the event the
panel determines that the Complaining Party has not followed the
principles set out in paragraph 6, the Complaining Party shall
apply them consistently with that paragraph.
11. The Complaining Party may suspend concessions or other
obligations only in a manner consistent with the panel’s
determination referred to in paragraph 10.
12. The suspension of concessions or other obligations shall be
temporary and shall only be applied until such time as the
obligation under paragraph 1 of Article 19.15 (Implementation of
the Final Report) has been complied with or a mutually agreed
solution has been reached.
13. Where:
(a) the right to suspend concessions or other obligations has
been exercised by the Complaining Party under this Article;
(b) the Responding Party has made a notification pursuant to
paragraph 7 of Article 19.15 (Implementation of the Final
Report) that it has complied with the obligation under
paragraph 1 of Article 19.15 (Implementation of the Final
Report); and
(c) the Parties to the dispute disagree on the existence or
consistency with this Agreement of any measure taken to
comply with the obligation under paragraph 1 of Article
19.15 (Implementation of the Final Report),
any Party to the dispute may request the reconvening of a panel
to examine the matter by way of notification to the other Party to
the dispute. The requesting Party shall simultaneously provide a
5
copy of the request to the other Parties.
5 Where a panel is reconvened pursuant to this paragraph, it may also, upon request,
determine whether the level of any suspension of concessions or other obligations is
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