3. A Party may submit written comments to the arbitration panel within 10 days of receiving the initial report. After considering these written comments by the Parties and making any further examination it considers appropriate, the arbitration panel shall present the Parties its final report within 30 days of presentation of the initial report, unless the Parties otherwise agree. The final report of the arbitration panel shall be made available as a public document after the lapse of 10 days from the date of its release, subject to the protection of the confidential information, in accordance with the legislation of the Parties.
4. The arbitral report is final.
Article 82. Implementation of the Decision
1. The Party concerned shall promptly comply with the decision of the arbitration panel. If it is impracticable to comply immediately, the Parties shall endeavour to agree on a reasonable period of time to do so. In the absence of such agreement within days from the date of the award, either Party may, within 10 days from the expiration of such period, request the original arbitration panel to determine the length of the reasonable period of time. The ruling of the arbitration panel should be given within 30 days from the receipt of that request.
2. The Party concerned shall notify the other Party of the measure adopted in order to implement the award, as well as provide a detailed description of how the measure ensures compliance sufficient to allow the other Party to assess the measure.
Article 83. Compliance Review
1. Where the Parties disagree on the existence or consistency with this Agreement of measures taken to comply with the recommendations and rulings of the arbitration panel, such dispute shall be decided through recourse to the dispute settlement procedures under this Chapter, including wherever possible by resort to the original arbitration panel.
2. The arbitration panel shall convene as soon as possible after the delivery of the request and shall issue its report on the matter within 60 days of the date of delivery of the written notification.When the arbitration panel considers that it cannot issue its report within this timeframe, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. Any delay shall not exceed a further period of 30 days unless the Parties agree otherwise.
3. Articles concerning the procedure of arbitration panel in this Chapter shall apply mutatis mutandis to the procedure under this Article.
Article 84. Compensation and Suspension of Benefits
1. If the Party concerned fails to comply with the decision within a reasonable period of time and the Parties have not agreed on any compensation, the other Party may, until the decision has been properly implemented or the dispute has been otherwise resolved, and subject to a prior notification of 30 days, suspend the application of benefits granted under this Agreement, but only equivalent to those affected by the measure that the arbitration panel has found to violate this Agreement.
2. In considering what concessions and obligations to suspend, the complaining Party shall first seek to suspend concessions and obligations in the same sector or sectors as that affected by the measure that the arbitration panel has found to be inconsistent with this Agreement. If the complaining Party considers it is not ptacticable or effective to suspend concessions and obligations in the same sector or sectors, it may suspend concessions and obligations in other sectors. In such a case, the complaining Party shall include in its notification announcing the suspension of concessions or obligations the reasons for its decision.
3. In its notification announcing the suspension of concessions or obligations, the complaining Party shall indicate the concessions or obligations which it intends to suspend, the grounds for such suspension and when suspension will commence. Within 15 days from the receipt of that notification, the Party complained against may request the arbitration panel to rule on whether the concessions or obligations which the complaining Party intends to suspend are equivalent to those affected by the measure found to be inconsistent with this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel shall be given within 60 days from the receipt of that request. Concessions or obligations shall not be suspended until the arbitration panel has issued its ruling.
4, Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the Parties have resolved the dispute otherwise. To this end, if the Party complained against considers that it has eliminated the non-conformity that the arbitration panel has found, it may provide written notice to the complaining Party with a description of how non-conformity has been removed.
5. Any dispute regarding the implementation of the decision or the notified suspension shall be decided by the arbitration panel upon request of either Party before compensation can be sought or suspension of benefits can be applied. The arbitration panel may also rule on the conformity with the decision of any implementing measures adopted after the suspension of benefits and whether the suspension of benefits should be terminated or modified. The ruling of the arbitration panel under this paragraph shall normally be given within 45 days from the date of receipt of the request.
Article 85. Post Suspension
1. Without prejudice to the procedures in Article 84 (Compensation and Suspension of Benefits), if the Party complained against considers that it has eliminated the non-conformity that the arbitration panel has found, it may provide written notice to the complaining Party with a description of how non-conformity has been removed. If the complaining Party disagrees, it may refer the matter to the original arbitration panel within 60 days after receipt of such written notice. Otherwise, the complaining Party shall promptly stop the suspension of concessions or other obligations.
2. The arbitration panel shall issue its report within 60 days after the referral of the matter by the complaining Party pursuant to paragraph 1. If the arbitration panel concludes that the Party complained against has eliminated the non-conformity, the complaining Party shall promptly stop the suspension of concessions or other obligations.
Article 86. Private Rights42
Neither Party may provide for a right of action under its domestic law against the other Party on the ground that a measure of the other Party is inconsistent with this Agreement.
Chapter 10. FINAL PROVISIONS
Article 87. Fulfillment of Obligations
The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement.
Article 88. Annexes
The Annexes to this Agreement are an integral part of this Agreement.
Article 89. Evolutionary Clause
The Parties will review this Agreement in light of further developments in international economic relations, inter alia in the framework of the WTO, and to examine in this context and in light of any relevant factor the possibility of further developing and deepening their co-operation under this Agreement and to extend it to interested areas at an appropriate time agreed by both Parties. The Joint Committee shall regularly examine this possibility and, where appropriate, make recommendations to the Parties, particularly with a view to opening up negotiations.
Article 90. Amendments
1. Each Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration and approval.
2. Amendments to this Agreement shall, after approval by the Joint Committee, be submitted to the Parties for ratification, acceptance or approval in accordance with their respective legal requirements.
3. Unless otherwise agreed by the Parties, amendments shall enter into force on the first day of the third month following the date of notification of the latter Party that the respective legal requirements have been fulfilled.
Article 91. Relation to other International Agreements
1. The provisions of this Agreement shall be without prejudice to the rights and obligations of the Parties under the WTO Agreement and the other agreements negotiated thereunder, to which they are a party and any other international agreement to which they are a party.
2. This Agreement shall not preclude the maintenance or establishment of customs unions, free trade areas, arrangements for frontier trade and other preferential agreements insofar as they do not have the effect of altering the trade arrangements provided for in this Agreement.
3. When a Party enters into a customs union or free trade agreement with a third party it shall, upon request by the other Party, afford adequate opportunity for consultations with the requesting Party.
Article 92. Termination
1. Each Party may terminate this Agreement by notification, through diplomatic channels, to the other Party. This Agreement shall expire six months after the date on which such notification is sent.
2. Within 30 days of a notification under paragraph 1, either Party may request consultations with the view to making better preparations for the termination of the Agreement. Such consultations shall commence within 30 days of a Partyâs delivery of such request.
Article 93. Entry Into Force
This Agreement shall enter into force on the first day of the third month following the month of the receipt of the latter notification by which the Parties notify each other, through diplomatic channels, that their respective legal procedures necessary for the entry into force of this Agreement have been completed.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE at .......,........... in two originals, each in the Serbian, Chinese and English language, all texts being equally authentic. In case of divergence, the English text shall prevail.
For the Government of the Republic of Serbia
For the Government of the People's Republic of China
Attachments
Annex 5. RULES OF PROCEDURE OF ARBITRATION PANEL
1. Definitions
For the purpose of this Agreement and Chapter on Dispute Settlement:
(a) "arbitration panel" means an arbitration panel established pursuant to Article 77 (Establishment of Arbitration Panel).
(b) "complaining Party" means a Party that requests the establishment of an arbitration panel under Article 77 (Establishment of Arbitration Panel).
(c) "responding Party" means a Party that has been complained against pursuant to Article 77 (Establishment of Arbitration Panel).
2. First Written Submissions
1. The complaining Party shall deliver its first written submission no later than 20 days after the last panelist is selected. The Party complained against shall deliver its first written submission no later than 30 days after the date of delivery of the complaining Party's first written submission.
2. A Party shall provide a copy of its written submission to the other Party and to each of the panelists. A copy of the document shall also be provided in electronic format.
3. Hearings
1. The Chair of the arbitration panel shall fix the date, time and location of the hearing in consultation with the Parties and the other panelists and notify the Parties of its decision. Unless either of the Parties disagrees, the arbitration panel may decide not to convene a hearing.
2. The arbitration panel may conduct its activities by any appropriate means, including telephone or computer links.
3. The arbitration panel may convene additional hearings if the Parties so agree. 4. All panelists shall be present at hearings.
5. The hearings of the arbitration panel shall in principle be held in closed session, in particular if confidential information is exchanged, unless both Parties agree otherwise.
6. Within 30 days after the date of the hearing, each Party may deliver a supplementary written submission responding to any matter that arose during the hearing. The supplementary written submission shall be delivered in accordance with paragraph 2 of Article 2 (First Written Submissions) of this Annex.
4. Questions In Writing
1. The arbitration panel may at any time during the proceedings address questions in writing to one or both Parties and set a time period for answering them.
2. A Party to whom the arbitration panel addresses written questions shall deliver a copy of any written reply to the other Party and to the arbitration panel. Each Party shall be given the opportunity to provide written comments on the reply of the other Party within 5 days after the date of delivery of such written reply.
5. Confidentiality
The Parties shall maintain the confidentiality of the arbitration panelâs hearings. Each Party shall treat as confidential the information submitted by the other Party to the arbitration panel which that Party has designated as confidential.
6. Ex Parte Contacts
1. The arbitration panel shall not meet or contact a Party in the absence of the other Party.
2. Neither Party may contact any panelist in relation to the dispute in the absence of the other Party or other panelist.
3. No panelist may discuss any aspect of the subject matter of the proceeding with a Party or both Parties in the absence of other panelists.
7. Role of Experts
1. Upon request of a Party or on its own initiative, the arbitration panel may seek information and technical advice from any person or body that it deems appropriate. Any information so obtained shall be submitted to the Parties for comments.
2. When the arbitration panel makes a request for a written report of an expert, any time period applicable to the arbitration panel proceeding shall be suspended for a period beginning on the date of delivery of the request and ending on the date the report is delivered to the arbitration panel.
8. Working Language
1. The working language of the dispute settlement proceedings shall be English.
2. Written submissions, documents, oral arguments or presentations at the hearings, initial and final reports of the arbitration panel, as well as all other written or oral communications between both Parties and the arbitration panel, shall be made or conducted in the working language.