Page 507 - Regional Comprehensive Economic Partnership (RCEP)

10. In the event the panel reconvened pursuant to paragraph 9
determines that the level of suspension is not equivalent to the 14. Where the panel reconvenes pursuant to paragraph 13,
level of nullification or impairment, it shall determine the paragraphs 3 through 6 of Article 19.16 (Compliance Review)
appropriate level of suspension it considers to be of equivalent shall apply mutatis mutandis.
effect. In the event the panel determines that the Responding
Party has observed the terms and conditions of the compensation 15. If the panel reconvened pursuant to paragraph 13 determines that
agreement, the Complaining Party shall not suspend concessions the Responding Party has complied with the obligation under
or other obligations referred to in paragraph 3. In the event the paragraph 1 of Article 19.15 (Implementation of the Final Report),
panel determines that the Complaining Party has not followed the the Complaining Party shall promptly terminate the suspension of
principles set out in paragraph 6, the Complaining Party shall concessions or other obligations.
apply them consistently with that paragraph.

11. The Complaining Party may suspend concessions or other Article 19.18: Special and Differential Treatment Involving Least
obligations only in a manner consistent with the panel’s Developed Country Parties
determination referred to in paragraph 10.
1. At all stages of the determination of the causes of a dispute and
12. The suspension of concessions or other obligations shall be of dispute settlement procedures involving a Least Developed
temporary and shall only be applied until such time as the Country Party, particular consideration shall be given to the
obligation under paragraph 1 of Article 19.15 (Implementation of special situation of Least Developed Country Parties. In this
the Final Report) has been complied with or a mutually agreed regard, Parties shall exercise due restraint in raising matters
solution has been reached. under these procedures involving a Least Developed Country
Party. If nullification or impairment is found to result from a
13. Where: measure taken by a Least Developed Country Party, a
Complaining Party shall exercise due restraint regarding matters
(a) the right to suspend concessions or other obligations has covered under Article 19.17 (Compensation and Suspension of
been exercised by the Complaining Party under this Article; Concessions or Other Obligations) or other obligations pursuant
to these procedures.
(b) the Responding Party has made a notification pursuant to
paragraph 7 of Article 19.15 (Implementation of the Final 2. Where any Party to the dispute is a Least Developed Country
Report) that it has complied with the obligation under Party, the panel’s report shall explicitly indicate the form in which
paragraph 1 of Article 19.15 (Implementation of the Final account has been taken of relevant provisions on special and
Report); and differential treatment for a Least Developed Country Party that
form part of this Agreement which have been raised by that Party
(c) the Parties to the dispute disagree on the existence or in the course of the dispute settlement procedures.
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), Article 19.19: Expenses

any Party to the dispute may request the reconvening of a panel 1. Unless the Parties to the dispute agree otherwise, each Party to
to examine the matter by way of notification to the other Party to the dispute shall bear the costs of its appointed panellist and its
the dispute. The requesting Party shall simultaneously provide a own expenses and legal costs.
5
copy of the request to the other Parties.

5 Where a panel is reconvened pursuant to this paragraph, it may also, upon request, still appropriate in light of its findings on the measure taken by the Responding Party
determine whether the level of any suspension of concessions or other obligations is and, if not, determine an appropriate level.

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