For the purposes of this Chapter:
(a) “administrative ruling of general application” means an administrative ruling or interpretation that applies to all persons and fact situations that fall generally within its ambit and that establishes a norm of conduct but does not include:
(i) a determination or ruling made in an administrative or quasi-judicial proceeding that applies to a particular person, good, or service of the other Party in a specific case; or
(ii) a ruling that adjudicates with respect to a particular act or practice.
(b) “interested person” means any person that may be subject to any rights or obligations under measures of general application.
Article 14.2. Publication
Each Party shall ensure that its laws, regulations and administrative rulings of general application respecting any matter covered by this Agreement are promptly published or otherwise made available in such a manner as to enable the other Party and interested persons to become acquainted with them.
Article 14.3. Notification and Provision of Information
1. To the maximum extent possible, each Party shall notify the other Party of any measure that, the Party considers, may materially affect the operation of this Agreement or otherwise substantially affect the other Party's interests under this Agreement.
2. Upon request of a Party, the other Party shall promptly provide information and respond to questions pertaining to any measure whether or not the requesting Party has been previously notified of that measure.
3. Any notification, or information provided under this Article shall be without prejudice as to whether the measure is consistent with this Agreement.
4. Any notification, request, or information under this Article shall be provided to the other Party through the relevant contact points.
5. When the information pursuant to paragraph 1 of this Article has been made available by notification to the WTO in accordance with its relevant rules and procedures or when the mentioned information has been made available by a Party on its official, publicly accessible and fee-free website, the information exchange shall be considered to have taken place.
Article 14.4. Administrative Proceedings
With a view to administering in a consistent, impartial and reasonable manner all measures referred to in Article 14.2 (Publication), each Party in applying such measures to particular persons, goods or services of the other Party in specific cases, shall:
(a) endeavour to provide interested persons of the other Party, who are directly affected by a proceeding, with reasonable notice, in accordance with the procedures under its laws, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated and a general description of any issues in controversy; and
(b) afford such interested persons a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, insofar as time, the nature of the proceeding and the public interest permit in accordance with the procedures under its laws.
Article 14.5. Review of Administrative Actions
1. Each Party shall, subject to its laws, establish or maintain judicial, quasi-judicial or administrative tribunals or procedures for the purposes of the prompt review and, where warranted, correction of administrative actions1 relating to matters covered by this Agreement. Such tribunals shall be impartial and independent of the office or authority entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Each Party shall ensure that, in any such tribunals or procedures, the parties to the proceeding are provided with the right to:
(a) a reasonable opportunity to support or defend their respective positions; and
(b) a decision based on the evidence and submissions of record or, where required by its laws, the record compiled by the administrative authority.
3. Each Party shall ensure, subject to appeal or further review as provided for in its laws, that such decision shall be implemented by, and shall govern the practice of, the office or authority with respect to the administrative action at issue.
Article 14.6. Specific Rules
Specific rules in other Chapters of this Agreement regarding the subject matter of this Chapter shall prevail to the extent that they differ from the provisions of this Chapter.
Chapter 15. ECONOMIC AND TECHNICAL CO-OPERATION
Article 15.1. Objectives
The Parties shall seek to:
(a) Strengthen and enhance economic co-operation between them on the basis of equality and mutual benefit;
(b) Explore new areas of and develop appropriate measures for closer economic co-operation as a means to greater economic integration between the two countries; and
(c) Support and augment economic co-operation in accordance with developmental needs, including the development of regulatory frameworks, of each other and the welfare of their respective peoples.
Article 15.2. Scope of Co-operation
1. The Parties shall promote economic co-operation between them in various fields, and encourage exchange of information and technical expertise in those fields. Such economic co-operation may include all possible areas that the Parties may deem fit and beneficial to their citizens and to which both Parties have agreed.
2. All co-operation activities under this Chapter shall be carried out in accordance with the applicable laws and regulations of each Party.
Article 15.3. Implementation of Co-operation
1. Co-operation between the Parties in various areas identified under this Chapter shall be effected, where applicable, through relevant Memoranda of Understanding, Agreements or Protocols that have been concluded between the Parties and so long as they remain in force.
2. Where such Memoranda of Understanding, Agreements or Protocols do not cover areas of co-operation identified in Article 15.4 (Areas of Co-operation), the Parties shall consult in good faith concerning the making of arrangements for such activities, through the conclusion of appropriate Memoranda of Understanding, Agreements or Protocols between authorised institutions or bodies in accordance with the laws and regulations in force from time to time in each country.
Article 15.4. Areas of Co-operation
1. The areas of co-operation may include, but are not limited to, the following fields:
(a) Construction and Building;
(b) Customs Procedures and Trade Facilitation;
(c) Energy;
(d) Environment Protection;
(e) Financial Services;
(f) Intellectual Property Rights;
(g) Investment and Trade Promotion;
(h) Manufacturing;
(i) Science and Technology;
(j) Small and Medium Enterprises;
(k) Transport and Infrastructure;
(l) Tourism and Hospitality; and
(m) Urban Solutions.
2. The areas of co-operation may be reviewed, expanded and updated through consultation between the Parties.
3. Proposals for the review, expansion and update of this Chapter, may be submitted by either Party to the Joint Committee established under Chapter 17 (Institutional, General and Final Provisions) for consideration. Implementation of co-operation in such new areas shall proceed in accordance with and subject to the fulfilment of the requirements outlined in Article 15.3 (Implementation of Co-operation).
4. Nothing in this Chapter shall be construed as preventing the Parties from entering into new economic co-operation agreements and/or programmes, with a view to further enhancing the economic and technical co-operation between the Parties.
Article 15.5. Non-Application of Dispute Settlement
1. Neither Party shall have recourse to any dispute settlement procedure in respect of the provisions under this Chapter. Chapter 16 (Dispute Settlement) shall not apply to this Chapter.
2. Any differences or dispute between the Parties concerning the interpretation or implementation of this Chapter shall be resolved through consultations between the Parties. Consultations shall take place in the Joint Committee established under Chapter 17 (Institutional, General and Final Provisions).
Chapter 16. DISPUTE SETTLEMENT
Article 16.1. Objective
The objective of this Chapter is to avoid and settle any dispute between the Parties concerning the interpretation or application of this Agreement with a view to arrive at, where possible, a mutually acceptable solution.
Article 16.2. Scope
Except as otherwise provided in this Agreement, this Chapter shall apply with respect to the avoidance or settlement of all disputes between the Parties regarding the interpretation or application of the provisions of this Agreement or wherever a Party considers that:
(a) a measure of the other Party is inconsistent with the obligations under the provisions of this Agreement; or
(b) the other Party has otherwise failed to carry out its obligations under the provisions of this Agreement.
Article 16.3. Choice of Forum
1. Where a dispute regarding any matter referred to in Article 16.2 (Scope) arises under this Agreement and under the WTO Agreement, or any other agreement to which both Parties are party, the complaining Party may select the forum in which to settle the dispute.
2. The complaining Party shall notify the other Party in writing of its intention to bring a dispute to a particular forum before doing so.
3. Once the complaining Party has selected a particular forum, the forum selected shall be used to the exclusion of other possible fora.
4. For the purposes of this Article, the complaining Party shall be deemed to have selected a forum when it has requested the establishment of, or referred a matter to, a dispute settlement panel.
Article 16.4. Consultations
1. The Parties shall at all times endeavour to agree on the interpretation and application of the provisions of this Agreement and to resolve any dispute thereof by entering into consultations in good faith with the aim of reaching a solution agreed to by the Parties.
2. A Party shall seek consultations, by means of a written request to the other Party, and shall give the reasons for the request, identification of the measures at issue, the applicable provisions of the Agreement referred to in Article 16.2 (Scope), and the reasons for the applicability of such provisions.
3. Consultations shall be held within thirty (30) days of the date of receipt of the request and take place, unless the Parties agree otherwise, in the territory of the Party complained against. The consultations shall be deemed concluded within sixty (60) days of the date of receipt of the request, unless the Parties agree otherwise. Consultations shall be confidential, and without prejudice to the rights of either Party in any further proceedings.
4. Consultations on matters of urgency, including those regarding perishable goods, shall be held within fifteen (15) days of the date of receipt of the request, and shall be deemed concluded within thirty (30) days of the date of receipt of the request, unless the Parties agree otherwise.
5. If the Party to which the request is made does not respond to the request for consultations within ten (10) days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 of this Article or in paragraph 4 of this Article respectively, or if consultations have been concluded and no solution has been agreed upon by the Parties, the complaining Party may request the establishment of an arbitration panel in accordance with Article 16.5 (Initiation of Arbitration Procedure).
Article 16.5. Initiation of Arbitration Procedure
The request for the establishment of an arbitration panel shall be made in writing to the Party complained against. The complaining Party shall identify in its request the specific measure at issue, and explain how such measure constitutes a breach of the applicable provisions of the Agreement referred to in Article 16.2 (Scope) in a manner sufficient to present the legal basis for the complaint clearly.
Article 16.6. Terms of Reference
Unless the Parties otherwise agree within twenty (20) days from the date of receipt of the request for the establishment of the arbitration panel, the terms of reference of the arbitration panel shall be:
“To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 16.5 (Initiation of Arbitration Procedure) and to make findings, determinations and any recommendations for resolution of the dispute, and issue a written report, as provided in Article 16.9 (Arbitration Panel Report)”.
Article 16.7. Composition and Establishment of the Arbitration Panel
1. An arbitration panel shall be composed of three (3) members. Each Party shall appoint a member within thirty (30) days of the receipt of the request referred to in Article 16.5 (Initiation of Arbitration Procedure) and the two members shall, within thirty (30) days of the appointment of the second of them, designate by agreement the third member. Such designation shall be notified to the Parties and accompanied by a brief profile of the third member and any disclosures as required under paragraph 3 of Annex 16-A (Code of Conduct for Arbitrators).
2. The Parties shall, within ten (10) days of receiving the notification of the designation of the third member, approve or disapprove the appointment of that member, who shall, if approved, act as the chairperson of the arbitration panel. If a Party fails to respond within the said period, that Party shall be deemed to disapprove the appointment of that member.
3. If the third member has not been designated within thirty (30) days of the appointment of the second member, or one of the Parties disapproves the appointment of the third member, the Director-General of the WTO shall, at the request of either Party, appoint within a further period of thirty (30) days, the third member who shall act as the chairperson of the arbitration panel.
4. If one of the Parties does not appoint a member within thirty (30) days of the receipt of the request referred to in Article 16.5 (Initiation of Arbitration Procedure), the other Party may inform the Director-General of the WTO who shall appoint within a further period of thirty (30) days, the third member who shall act as the chairperson of the arbitration panel, and the chairperson shall, upon appointment, request the Party which has not appointed a member to do so within fourteen (14) days. If after such period, that Party has still not appointed a member, the chairperson shall inform the Director-General of the WTO who shall make this appointment within a further period of thirty (30) days.
5. For the purposes of paragraphs 3 and 4 of this Article, in the event that the Director- General of the WTO is a national of either Party, the Deputy Director-General of the WTO or the officer next in seniority who is not a national of either Party shall be requested to make the necessary appointments.
6. Any person appointed as a member of the arbitration panel shall have expertise or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements. A member shall be chosen strictly on the bases of objectivity, reliability, sound judgment and independence, and shall conduct himself or herself on the same bases throughout the course of the arbitration proceedings and in accordance with Annex 16-A (Code of Conduct for Arbitrators) and shall serve in their individual capacities and not be affiliated with, nor take instructions from either Party. If a Party considers that a member of the arbitration panel is in violation of these requirements, the Parties shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chairperson shall not be a national of either Party or have his or her usual place of residence in the territory of, nor be employed by, either Party nor have dealt with the dispute in any capacity.
7. If a member of the arbitration panel appointed under this Article becomes unable to participate in the proceeding or resigns or is to be removed according to paragraph 6 of this Article, a successor shall be selected in the same manner as prescribed for the appointment of the original member. The successor shall have all the powers and duties of the original member. In such a case, the work of the arbitration panel and any time period applicable to the arbitration panel proceedings shall be suspended for a period beginning on the date the original member becomes unable to participate in the proceeding or resigns, or on the date the Parties agree to remove the member according to paragraph 6 of this Article. The work of the arbitration panel and any time period applicable to the arbitration panel proceedings shall resume on the date the new member is appointed.
8. The date of establishment of the arbitration panel shall be the date on which the last of the three members is appointed.
Article 16.8. Proceedings of the Arbitration Panel
1. The arbitration panel shall meet in closed session, unless the Parties decide otherwise.
2. The Parties shall be given the opportunity to provide at least one written submission and to attend any of the presentations, statements or rebuttals in the proceedings. All information or written submissions submitted by a Party to the arbitration panel, including any comments on the interim report and responses to questions put by the arbitration panel, shall be made available to the other Party.
3. A Party asserting that a measure of the other Party is inconsistent with this Agreement shall have the burden of establishing such inconsistency. A Party asserting that a measure is subject to an exception under this Agreement shall have the burden of establishing that the exception applies.
4. The arbitration panel should consult with the Parties as appropriate and provide adequate opportunities for the achievement of a mutually satisfactory resolution.
5. The arbitration panel shall make every effort to take any decision by consensus. Where a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote.
6. At the request of a Party, or upon its own initiative, the arbitration panel may obtain information from any source it deems appropriate for the arbitration panel proceedings. The arbitration panel also has the right to seek the relevant opinion of experts as it deems appropriate. The arbitration panel shall consult the Parties before choosing such experts. Any information obtained in this manner must be disclosed to the Parties and submitted for their comments.
7. The deliberations of the arbitration panel and the documents submitted to it shall be kept confidential.
8. Notwithstanding paragraph 7 of this Article, either Party may make public statements as to its views regarding the dispute but shall treat as confidential information and written submissions submitted by the other Party to the arbitration panel which the other Party has designated as confidential. Where a Party has provided information or written submissions designated to be confidential, that Party shall, within thirty (30) days of a request of the other Party, provide a non-confidential summary of the information or written submissions which may be disclosed publicly.
Article 16.9. Interim Arbitration Panel Report and Final Arbitration Panel Report
1. The arbitration panel shall issue an interim report to the Parties setting out:
(a) a summary of the submissions and arguments of the Parties;
(b) the findings of fact, together with reasons;
(c) its determination as to the interpretation or application of the provisions of this Agreement or whether a measure at issue is inconsistent with the provisions of this Agreement or whether a Party has failed to carry out its obligations under the provisions of this Agreement, or any other determination requested by the Parties in the terms of reference; and
(d) if there is a determination of inconsistency, its recommendation that the Party complained against bring the measure into conformity with the obligations under this Agreement and, if the Parties agree, on the means to resolve the dispute,
not later than ninety (90) days from the date of establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its interim report. Under no circumstances should the arbitration panel issue its interim report later than one hundred and twenty (120) days after the date of its establishment.
2. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within thirty (30) days of its notification.
3. After considering any written comments by the Parties on the interim report, the arbitration panel may modify its report and make any further examination it considers appropriate. The final report of the arbitration panel shall set out the matters listed in paragraph 1 of this Article, include a sufficient discussion of the arguments made at the interim review stage, and answer clearly to the written comments of the two Parties.
4. The arbitration panel shall issue its final report to the Parties within one hundred and fifty (150) days from the date of the establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel shall notify the Parties in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its final report. Under no circumstances should the arbitration panel issue its final report later than two hundred and seventy (270) days after the date of its establishment.
5. In cases of urgency, including those involving perishable goods:
(a) the arbitration panel shall make every effort to issue its interim and final reports to the Parties within half of the respective time periods under paragraphs 1 and 4 of this Article. Under no circumstances should the arbitration panel issue its final report later than ninety (90) days after the date of its establishment;
(b) any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within half of the time period under paragraph 2 of this Article.
6. Any findings, determinations and recommendations in the final report of the arbitration panel shall be final and binding on the Parties and shall not create any rights or obligations to any person. For greater certainty, nothing in the final report may add to or diminish the rights and obligations of the Parties under this Agreement.
Article 16.10. Implementation of the Arbitration Panel Report
1. The Party complained against shall take any measure necessary to comply in good faith with the determinations and recommendations in the final report, and the Parties shall endeavour to agree on the time period for the Party complained against to comply with such determinations and recommendations.
2. No later than thirty (30) days after the receipt of the final report, the Party complained against shall notify the complaining Party of the time it will require for compliance (hereinafter referred to as “reasonable period of time”), if immediate compliance is not practicable.
3. If there is disagreement between the Parties on the reasonable period of time to comply with the determinations and recommendations in the final report, the complaining Party shall, within fifty (50) days of the date of issuance of the final report, request in writing to the original arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party. The original arbitration panel shall issue its determination on the length of the reasonable period of time to the Parties within twenty (20) days from the date of the submission of the request.
4. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 16.7 (Composition and Establishment of the Arbitration Panel) shall apply. The time limit for issuing the determination on the length of the reasonable period of time shall be thirty-five (35) days (1) from the date of the submission of the request referred to in paragraph 3 of this Article.
5. The Party complained against shall inform the complaining Party in writing of its progress to comply with the determinations and recommendations in the final report at least one (1) month before the expiry of the reasonable period of time.
6. The reasonable period of time may be extended by the agreement of the Parties.
7. The Party complained against shall notify the complaining Party before the end of the reasonable period of time of any measure that it has taken to comply with the determinations and recommendations in the final report.
8. In the event that there is disagreement between the Parties concerning the existence or the consistency of any measure notified under paragraph 7 of this Article with the provisions referred to in Article 16.2 (Scope), the complaining Party may request in writing the original arbitration panel to determine on the matter. Such request shall identify the specific measure at issue and the provisions referred to in Article 16.2 (Scope) with which it considers that measure to be inconsistent, in a manner sufficient to present the legal basis for the complaint clearly, and it shall explain how such measure is inconsistent with the provisions referred to in Article 16.2 (Scope). The original arbitration panel shall notify its determination within forty-five (45) days of the date of the submission of the request.
9. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 16.7 (Composition and Establishment of the Arbitration Panel) and Annex 16-B (Rules of Procedure for Arbitration) shall apply. The time limit for issuing the determination shall be sixty (60) days (2) from the date of the submission of the request referred to in paragraph 8 of this Article.
Article 16.11. Compensation and Suspension of Concessions or other Obligations
1. If the Party complained against fails to notify any measure taken to comply with the determinations and recommendations in the final report before the expiry of the reasonable period of time, or if the arbitration panel determines that no measure taken to comply exists or that the measure notified under paragraph 7 of Article 16.10 (Implementation of Arbitration Panel Report) is inconsistent with that Party’s obligations under the provisions referred to in Article 16.2 (Scope), the Party complained against shall, enter into negotiations with the complaining Party with a view to developing mutually acceptable agreement on compensation.
2. If no agreement on compensation is reached within thirty (30) days after the end of the reasonable period of time or, where applicable, the issuance of the arbitration panel determination under paragraph 8 of Article 16.10 (Implementation of the Arbitration Panel Report) that no measure taken to comply exists or that a measure taken to comply is inconsistent with the provisions referred to in Article 16.2 (Scope), the complaining Party shall be entitled, upon notification to the other Party, to suspend concessions or obligations arising from any provision referred to in Article 16.2 (Scope) at a level equivalent to the nullification or impairment caused by the violation. The notification shall specify the level of concessions or other obligations that the complaining Party intends to suspend and indicate the reasons on which the suspension is based. The complaining Party may implement the suspension at any moment after the expiry of twenty-five (25) days after the date of receipt of the notification by the Party complained against, unless the Party complained against has requested arbitration under paragraph 5 of this Article.
3. The compensation referred to in paragraph 1 of this Article and the suspension referred to in paragraph 2 of this Article shall be temporary measures. Neither compensation nor suspension is preferred to full elimination of the non-conformity as determined in the final report of the arbitration panel.
4. In considering what concessions or other obligations to suspend pursuant to paragraph 2 of this Article:
(a) the complaining Party should first seek to suspend concessions or other obligations with respect to the same sector(s) as that in which the final report of the arbitration panel referred to in Article 16.9 (Interim Arbitration Panel Report and Final Arbitration Panel Report) has found an inconsistency with the obligations under this Agreement;
(b) if the complaining Party considers that it is not practicable or effective to suspend concessions or other obligations with respect to the same sector(s), it may suspend concessions or other obligations with respect to other sector(s); and
(c) the complaining Party will take into consideration those concessions or other obligations the suspension of which would least disturb the functioning of the this Agreement.
5. If the Party complained against considers that the level of suspension is not equivalent to the nullification or impairment caused by the violation, it may request in writing the original arbitration panel to determine the matter. Such request shall be notified to the complaining Party before the expiry of the twenty-five (25) day period referred to in paragraph 2 of this Article. The original arbitration panel, having sought, if appropriate, the opinion of experts, shall notify its determination on the level of the suspension of concessions or other obligations to the Parties within thirty (30) days of the date of the submission of the request. Concessions or other obligations shall not be suspended until the original arbitration panel has notified its determination, and any suspension shall be consistent with the arbitration panel determination.
6. In the event that any member of the original arbitration panel is no longer available, the procedures laid down in Article 16.7 (Composition and Establishment of the Arbitration Panel) shall apply. The period for issuing the determination shall be forty- five (45) days (3) from the date of the submission of the request referred to in paragraph 5 of this Article.
7. The suspension of concessions or other obligations shall be temporary and shall not be applied after:
(a) the Parties have reached a mutually agreed solution pursuant to Article 16.14 (Mutually Agreed Solution); or
(b) the Parties have reached an agreement on whether the measure notified under paragraph 1 of Article 16.12 (Review of Any Measure Taken to Comply After the Suspension of Concessions or Other Obligations) brings the Party complained against into conformity with the provisions referred to in Article 16.2 (Scope); or
(c) any measure found to be inconsistent with the provisions referred to in Article 16.2 (Scope) has been withdrawn or amended so as to bring it into conformity with those provisions, as determined under paragraph 2 of Article 16.12 (Review of Any Measure to Comply After the Suspension of Concessions or Other Obligations).
Article 16.12. Review of Any Measure Taken to Comply after the Suspension of Concessions or other Obligations
1. The Party complained against shall notify the complaining Party of any measure it has taken to comply with the final report of the arbitration panel and of its request for the termination of the suspension of concessions or other obligations applied by the complaining Party.
2. If the Parties do not reach an agreement on whether the notified measure brings the Party complained against into conformity with the provisions referred to in Article 16.2 (Scope) within thirty (30) days of the date of receipt of the notification, the complaining Party shall request in writing the original arbitration panel to determine the matter. Such request shall be notified simultaneously to the other Party. The arbitration panel determination shall be notified to the Parties within forty-five (45) days of the date of the submission of the request. If the complaining Party does not request the arbitration panel to determine the matter, or the arbitration panel determines that any measure taken to comply is in conformity with the provisions referred to in Article 16.2 (Scope), the suspension of concessions or other obligations shall be terminated.
3. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 16.7 (Composition and Establishment of the Arbitration Panel) shall apply. The time limit for issuing the determination shall be sixty (60) (4) days from the date of the submission of the request referred to in paragraph 2 of this Article.
Article 16.13. Suspension and Termination of Arbitration Procedures
1. The arbitration panel shall, at the written request of both Parties, suspend its work at any time for a period agreed by the Parties not exceeding twelve (12) months and shall resume its work at the end of this agreed period at the written request of the complaining Party, or before the end of this agreed period at the written request of both Parties. If the complaining Party does not request the resumption of the arbitration panel’s work before the expiry of the agreed suspension period, the dispute settlement procedures initiated pursuant to this Chapter shall be deemed terminated. Subject to Article 16.3 (Choice of Forum), the suspension and termination of the arbitration panel’s work are without prejudice to the rights of either Party in another proceeding.
2. The Parties may, at any time, agree in writing to terminate the dispute settlement procedures initiated pursuant to this Chapter.