(b) methodologies and indicators for trade sustainability impact assessments;
(c) the impact of labour and environment regulations, norms and standards on trade and investment, as well as the impact of trade and investment rules on labour and environmental law, including on the development of labour and environmental regulations and policy;
(d) the positive and negative impacts of Title V (Trade and Trade-related Matters) of this Agreement on sustainable development and ways to enhance, prevent or mitigate them, respectively, also taking into account the sustainability impact assessments carried out by either or both Parties;
(e) promoting the ratification and the effective implementation of fundamental, priority and other up-to-date ILO conventions and MEAs of relevance in a trade context;
(f) promoting private and public certification, traceability and labelling schemes, including eco-labelling;
(g) promoting corporate social responsibility, for instance through actions concerning awareness raising, adherence, implementation and follow-up of internationally recognised guidelines and principles;
(h) trade-related aspects of the ILO Decent Work Agenda, including on the interlink between trade and full and productive employment, labour market adjustment, core labour standards, labour statistics, human resources development and lifelong learning, social protection and social inclusion, social dialogue and gender equality;
(i) trade-related aspects of MEAs, including customs cooperation;
(j) trade-related aspects of the current and future international climate change regime, including means to promote low-carbon technologies and energy efficiency;
(k) trade-related measures to promote the conservation and the sustainable use of biological diversity;
(l) trade-related measures to tackle deforestation, including by addressing problems regarding illegal logging; and
(m) trade-related measures to promote sustainable fishing practices and trade in sustainably managed fish products.
Article 376. Institutional and Overseeing Mechanisms
1. Each Party shall designate an office within its administration that shall serve as the contact point with the other Party for the purposes of implementing this Chapter.
2. The Trade and Sustainable Development Sub-Committee is hereby established. It shall report on its activities to the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement. It shall comprise senior officials from within the administrations of each Party.
3. The Trade and Sustainable Development Sub-Committee shall meet within the first year after the date of entry into force of this Agreement, and thereafter as necessary, to oversee the implementation of this Chapter, including cooperative activities undertaken under Article 375 of this Agreement. That Sub-Committee shall establish its own rules of procedure.
4. Each Party shall convene new, or consult existing, domestic advisory group(s) on sustainable development with the task of advising on issues relating to this Chapter. Such group(s) may submit views or recommendations on the implementation of this Chapter, including on its (their) own initiative.
5. The domestic advisory group(s) shall comprise independent representative organisations of civil society in a balanced representation of economic, social, and environmental stakeholders, including, among others, employers' and workers' organisations, non-governmental organisations, business groups, as well as other relevant stakeholders.
Article 377. Joint Civil Society Dialogue Forum
1. The Parties shall facilitate a joint forum with civil society organisations established in their territories, including members of their domestic advisory group(s) and the public at large, to conduct a dialogue on sustainable development aspects of this Agreement. The Parties shall promote a balanced representation of relevant interests, including independent representative organisations of employers, workers, environmental interests and business groups, as well as other relevant stakeholders, as appropriate.
2. The joint civil society dialogue forum shall be convened once a year unless otherwise agreed by the Parties. The Parties shall agree on the operation of the joint civil society dialogue forum no later than one year after the entry into force of this Agreement.
3. The Parties shall present an update on the implementation of this Chapter to the joint civil society dialogue forum. The views and the opinions of the joint civil society dialogue forum shall be submitted to the Parties and shall be made publicly available.
Article 378. Government Consultations
1. For any matter arising under this Chapter the Parties shall only have recourse to the procedures established under this Article and Article 379 of this Agreement.
2. A Party may request consultations with the other Party regarding any matter arising under this Chapter by deli- vering a written request to the contact point of the other Party. The request shall present the matter clearly, identifying the problem at issue and providing a brief summary of the claims under this Chapter. Consultations shall start promptly after a Party delivers a request for consultations.
3. The Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter. The Parties shall take into account the activities of the ILO or relevant multilateral environmental organisations or bodies so as to promote greater cooperation and coherence between the work of the Parties and those organisations. Where relevant, the Parties may seek advice from those organisations or bodies, or any person or body they deem appropriate, in order to fully examine the matter.
4. If a Party considers that the matter needs further discussion, that Party may request that the Trade and Sustainable Development Sub-Committee be convened to consider the matter by delivering a written request to the contact point of the other Party. That Sub-Committee shall convene promptly and endeavour to agree on a resolution of the matter.
5. Where appropriate, that Sub-Committee may seek the advice of the domestic advisory group(s) of either Party or both Parties or other expert assistance.
6. Any resolution reached by the consulting Parties on the matter shall be made publicly available.
Article 379. Panel of Experts
1. Each Party may, 90 days after the delivery of a request for consultations under Article 378(2) of this Agreement, request that a Panel of Experts be convened to examine a matter that has not been satisfactorily addressed through government consultations.
2. The provisions of Sub-Section 1 and Sub-Section 3 of Section 3, and of Article 406 of Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement, as well as the Rules of Procedure in Annex XXXII to this Agreement and the Code of Conduct for Arbitrators and Mediators ("Code of Conduct") set out in Annex XXXIV to this Agreement, shall apply, except as otherwise provided in this Article.
3. At its first meeting after the entry into force of this Agreement, the Trade and Sustainable Development Sub- Committee shall establish a list of at least 15 individuals who are willing and able to serve as experts in Panel procedures. Each Party shall propose at least five individuals to serve as experts. The Parties shall also select at least five individuals who are not nationals of either Party who may serve as chairperson to the Panel of Experts. The Trade and Sustainable Development Sub-Committee shall ensure that the list is always maintained at that level.
4. The list referred to in paragraph 3 shall comprise individuals with specialised knowledge or expertise in law, labour or environmental issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the matter at stake, or be affiliated with the government of any Party, and shall comply with the Code of Conduct set out in Annex XXXIV to this Agreement.
5. For matters arising under this Chapter, the Panel of Experts shall be composed of experts from the list referred to in paragraph 3 of this Article, in accordance with Article 385 of this Agreement and rule 8 of the Rules of Procedure set out in Annex XXXII to this Agreement.
6. The Panel of Experts may seek information and advice from either Party, the domestic advisory group(s) or any other source it deems appropriate. In matters related to the respect of multilateral agreements as set out in Articles 365 and 366 of this Agreement, the Panel of Experts should seek information and advice from the ILO or MEA bodies.
7. The Panel of Experts shall issue its report to the Parties, in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title V (Trade and Trade-related Matters) of this Agreement. That report shall set out the findings of facts, the applicability of the relevant provisions and the basic rationale behind any findings and recommendations that it makes. The Parties shall make the report publicly available within 15 days of its issuance.
8. The Parties shall discuss appropriate measures to be implemented, taking into account the Panel of Experts' report and recommendations. The Party concerned shall inform its advisory group(s) and the other Party of its decisions on any action or measure to be implemented no later than three months after the public release of the report. The follow-up to the report and the recommendations of the Panel of Experts shall be monitored by the Trade and Sustainable Development Sub-Committee. The advisory bodies and the Joint Civil Society Dialogue Forum may submit observations to the Trade and Sustainable Development Sub-Committee in that regard.
Chapter 14. Dispute Settlement
Section 1. Objective and Scope
Article 380. Objective
The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling any dispute between the Parties concerning the interpretation and application of Title V (Trade and Trade-related Matters) of this Agreement with a view to arriving, where possible, at a mutually agreed solution.
Article 381. Scope of Application
This Chapter shall apply with respect to any dispute concerning the interpretation and application of the provisions of Title V (Trade and Trade-related Matters) of this Agreement, except as otherwise provided.
Section 2. Consultations and Mediation
Article 382. Consultations
1. The Parties shall endeavour to resolve any dispute referred to in Article 381 of this Agreement by entering into consultations in good faith with the aim of reaching a mutually agreed solution.
2. A Party shall seek consultations by means of a written request to the other Party, copied to the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, giving reasons for the request, including by identifying the measure at issue and the provisions referred to in Article 381 of this Agreement that it considers applicable.
3. Consultations shall be held within 30 days of the date of receipt of the request and take place, unless the Parties agree otherwise, in the territory of the Party to which the request is made. The consultations shall be deemed concluded within 30 days of the date of receipt of the request, unless both Parties agree to continue consultations. Consultations, in particular all information disclosed and positions taken by the Parties during the 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 or seasonal goods or services, shall be held within 15 days of the date of receipt of the request by the requested Party, and shall be deemed concluded within those 15 days unless both Parties agree to continue consultations.
5. If the Party to which the request is made does not respond to the request for consultations within 10 days of the date of its receipt, or if consultations are not held within the timeframes laid down in paragraph 3 or in paragraph 4 of this Article, respectively, or if the Parties agree not to have consultations, or if consultations have been concluded and no mutually agreed solution has been reached, the Party that sought consultations may have recourse to Article 384 of this Agreement.
6. During the consultations each Party shall deliver sufficient factual information, so as to allow a complete examination of the manner in which the measure at issue could affect the operation and the application of this Agreement.
7. Where consultations concern the transport of energy goods through networks and one Party views the resolution of the dispute as urgent because of an interruption, in full or in part, of transport of natural gas, oil or electricity between the Parties, the consultations shall be held within three days of the date of submission of the request, and shall be deemed concluded three days after the date of submission of the request unless both Parties agree to continue consultations.
Article 383. Mediation
Any Party may request the other Party to enter into a mediation procedure with respect to any measure adversely affecting trade or investment between the Parties pursuant to Annex XXXII to this Agreement.
Section 3. Dispute Settlement Procedures
Subsection 1. Arbitration Procedure
Article 384. Initiation of the Arbitration Procedure
1. Where the Parties have failed to resolve the dispute by recourse to consultations as provided for in Article 382 of this Agreement, the Party that sought consultations may request the establishment of an arbitration panel in accordance with this Article.
2. The request for the establishment of an arbitration panel shall be made in writing to the other Party and the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement. The complaining Party shall identify in its request the measure at issue, and it shall explain how such measure is inconsistent with the provisions referred to in Article 381 of this Agreement in a manner sufficient to present the legal basis for the complaint clearly.
Article 385. Establishment of the Arbitration Panel
1. An arbitration panel shall be composed of three arbitrators.
2. Within 10 days of the date of receipt by the Party complained against of the request for the establishment of an arbitration panel, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel.
3. In the event that the Parties are unable to agree on the composition of the arbitration panel within the time frame laid down in paragraph 2 of this Article, each Party may appoint an arbitrator from its sub-list established under Article 404 of this Agreement within five days from the expiry of the timeframe established in paragraph 2 of this Article. If any of the Parties fails to appoint the arbitrator, the arbitrator shall, upon request of the other Party, be selected by lot by the chair of the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, or the chair's delegate, from the sub-list of that Party contained in the list established under Article 404 of this Agreement.
4. Unless the Parties reach an agreement concerning the chairperson of the arbitration panel within the timeframe established in paragraph 2 of this Article, the chair of the Association Committee in Trade configuration or the chair's delegate shall, upon request of any of the Parties, select by lot the chairperson of the arbitration panel from the sub-list of chairpersons contained in the list established under Article 404 of this Agreement.
5. The chair of the Association Committee in Trade configuration or the chair's delegate shall select the arbitrators within five days of the request by either Party referred to in paragraphs 3 and 4.
6. The date of establishment of the arbitration panel shall be the date on which the last of the three selected arbitrators accepts the appointment according to the Rules of Procedure in Annex XXXII to this Agreement.
7. Should any of the lists provided for in Article 404 of this Agreement not be established or not contain sufficient names at the time a request is made pursuant to paragraphs 3 and 4 of this Article, the arbitrators shall be drawn by lot from the individuals who have been formally proposed by one or both of the Parties.
8. Unless the Parties agree otherwise, in respect of a dispute concerning Chapter 11 (Trade-related Energy) of Title V (Trade and Trade-related Matters) of this Agreement which a Party considers to be urgent because of an interruption, in full or in part, of any transport of natural gas, oil, or electricity or a threat thereof between the Parties, the second sentence of paragraph 3 and paragraph 4 shall apply without recourse to paragraph 2, and the period referred to in paragraph 5 shall be of two days.
Article 386. Preliminary Ruling on Urgency
If a Party so requests, the arbitration panel shall, within 10 days of its establishment, give a preliminary ruling on whether it deems the case to be urgent.
Article 387. Arbitration Panel Report
1. The arbitration panel shall notify an interim report to the Parties setting out the findings of fact, the applicability of relevant provisions and the basic rationale behind any findings and recommendations that it makes, not later than 90 days after the date of establishment of the arbitration panel. Where it considers that that deadline cannot be met, the chairperson of the arbitration panel shall notify the Parties and the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, in writing, stating the reasons for the delay and the date on which the arbitra- tion panel plans to notify its interim report. Under no circumstances should the interim report be notified later than 120 days after the date of establishment of the arbitration panel.
2. A Party may submit a written request to the arbitration panel to review precise aspects of the interim report within 14 days of its notification.
3. In cases of urgency, including those involving perishable goods or seasonal goods or services, the arbitration panel shall make every effort to notify its interim report within 45 days and, in any case, no later than 60 days after the date of establishment of the arbitration panel. A Party may submit a written request to the arbitration panel to review precise aspects of the interim report, within 7 days of the notification of the interim report.
4. 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 findings of the final panel ruling shall include a sufficient discussion of the arguments made at the interim review stage, and shall answer clearly to the questions and observations of the Parties.
5. In respect of a dispute concerning Chapter 11 (Trade-related Energy) of Title V (Irade and Trade-related Matters) of this Agreement which a Party considers to be urgent because of an interruption, in full or in part, of any transport of natural gas, oil or electricity or a threat thereof between the Parties, the interim report shall be notified 20 days after the date of establishment of the arbitration panel, and any request pursuant to paragraph 2 of this Article shall be made within five days of the notification of the written report. The arbitration panel may also decide to dispense with the interim report.
Article 388. Conciliation for Urgent Energy Disputes
1. In respect of a dispute concerning Chapter 11 (Trade-related Energy) of Title V (Trade and Trade-related Matters) of this Agreement which a Party considers to be urgent because of an interruption, in full or in part, of any transport of natural gas, oil, or electricity or a threat thereof between the Parties, either Party may request the chairperson of the arbitration panel to act as a conciliator concerning any matter related to the dispute by making a request to the arbitration panel.
2. The conciliator shall seek an agreed resolution of the dispute or seek to agree a procedure to achieve such resolution. If within 15 days of his/her appointment he/she has failed to secure such agreement, he/she shall recommend a resolution to the dispute or a procedure to achieve such resolution and shall decide on the terms and conditions to be observed from a date which he/she shall specify until the dispute is resolved.
3. The Parties and the entities under their control or jurisdiction shall respect recommendations made under paragraph 2 on the terms and conditions for three months following the conciliator's decision or until resolution of the dispute, whichever is earlier.
4. The conciliator shall respect the Code of Conduct set out in Annex XXXIV to this Agreement.
Article 389. Notification of the Ruling of the Arbitration Panel
1. The arbitration panel shall notify its final ruling to the Parties and to the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, within 120 days from the date of establishment of the arbitration panel. Where it considers that that deadline cannot be met, the chairperson of the arbitration panel shall notify the Parties and the Association Committee in Trade configuration in writing, stating the reasons for the delay and the date on which the arbitration panel plans to notify its ruling. Under no circumstances should the ruling be notified later than 150 days after the date of establishment of the arbitration panel.
2. In cases of urgency, including those involving perishable goods or seasonal goods or services, the arbitration panel shall make every effort to notify its ruling within 60 days from the date of its establishment. Under no circumstances should the ruling be notified later than 75 days after the date of its establishment.
3. In respect of a dispute concerning Chapter 11 (Trade-related Energy) of Title V (Irade and Trade-related Matters) of this Agreement which a Party considers to be urgent because of an interruption, in full or in part, of any transport of natural gas, oil or electricity or a threat thereof between the Parties, the arbitration panel shall notify its ruling within 40 days from the date of its establishment.
Subsection 2. Compliance
Article 390. Compliance with the Arbitration Panel Ruling
The Party complained against shall take any measure necessary to comply promptly and in good faith with the arbitra- tion panel ruling.
Article 391. Reasonable Period of Time for Compliance
1. If immediate compliance is not possible, the Parties shall endeavour to agree on the period of time to comply with the ruling. In such a case, the Party complained against shall, no later than 30 days after the receipt of the notification of the arbitration panel ruling to the Parties, notify the complaining Party and the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, of the time it will require for compliance (reasonable period of timeâ) and provide reasons for the proposed reasonable period of time.
2. If there is disagreement between the Parties on the reasonable period of time to comply with the arbitration panel ruling, the complaining Party shall, within 20 days of the receipt of the notification made under paragraph 1 by the Party complained against, request in writing the original arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other Party and to the Association Committee in Trade configuration. The original arbitration panel shall notify its ruling to the Parties and to the Association Committee in Trade configuration within 20 days from the date of submission of the request.
3. The Party complained against shall inform the complaining Party in writing of its progress to comply with the arbi- tration panel ruling at least 30 days before the expiry of the reasonable period of time.
4. The reasonable period of time may be extended by mutual agreement of the Parties.
Article 392. Review of Any Measure Taken to Comply with the Arbitration Panel Ruling
1. The Party complained against shall notify the complaining Party and the Association Committee in Trade config- uration, as set out in Article 438(4) of this Agreement, before the end of the reasonable period of time of any measure that it has taken to comply with the arbitration panel ruling.
2. In the event that there is disagreement between the Parties concerning the existence or the consistency of any measure taken to comply as notified in paragraph 1 with the provisions referred to in Article 381 of this Agreement, the complaining Party may request in writing the original arbitration panel to rule on the matter. Such request shall identify the specific measure at issue and explain how such measure is inconsistent with the provisions referred to in Article 381 of this Agreement, in a manner sufficient to present the legal basis for the complaint clearly. The original arbitration panel shall notify its ruling to the Parties and to the Association Committee in Trade configuration within 45 days of the date of submission of the request.
Article 393. Temporary Remedies In Case of Non-compliance
1. If the Party complained against fails to notify any measure taken to comply with the arbitration panel ruling before the expiry of the reasonable period of time, or if the arbitration panel rules that no measure taken to comply exists or that the measure notified under Article 392(1) of this Agreement is inconsistent with that Party's obligations under the provisions referred to in Article 381 of this Agreement, the Party complained against shall, if so requested by the complaining Party and after consultations with that Party, present an offer for temporary compensation.
2. If the complaining Party decides not to request an offer for temporary compensation under paragraph 1 of this Article, or, in case such request is made but no agreement on compensation is reached within 30 days from the end of the reasonable period of time or of the notification of the arbitration panel ruling under Article 392 of this Agreement that no measure taken to comply exists or that a measure taken to comply is inconsistent with the provisions referred to in Article 381 of this Agreement, the complaining Party shall be entitled, upon notification to the other Party and to the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, to suspend obligations arising from any provision referred to in Article 381 of this Agreement at a level equivalent to the nullification or impairment caused by the violation. The notification shall specify the level of suspension of obligations. The complaining Party may implement the suspension at any moment after the expiry of 10 days after the date of receipt of the notification by the Party complained against, unless the Party complained against has requested arbitration under paragraph 3 of this Article.
3. 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 rule on the matter. Such request shall be notified to the complaining Party and to the Association Committee in Trade configuration before the expiry of the ten day period referred to in paragraph 2. The original arbitration panel shall notify its ruling on the level of the suspension of obligations to the Parties and to the Association Committee in Trade configuration within 30 days of the date of submission of the request. Obligations shall not be suspended until the original arbitration panel has notified its ruling, and any suspension shall be consistent with the arbitration panel ruling.
4. The suspension of obligations and the compensation foreseen in this Article shall be temporary and shall not be applied after:
(a) the Parties have reached a mutually agreed solution pursuant to Article 398 of this Agreement;
(b) the Parties have agreed that the measure notified under Article 392(1) of this Agreement brings the Party complained against in conformity with the provisions referred to in Article 381 of this Agreement; or
(c) any measure found to be inconsistent with the provisions referred to in Article 381 of this Agreement has been withdrawn or amended so as to bring it in conformity with those provisions, as ruled under Article 392(1) of this Agreement.
Article 394. Remedies for Urgent Energy Disputes
1. In respect of a dispute concerning Chapter 11 (Trade-related Energy) of Title V (Trade and Trade-related Matters) of this Agreement which a Party considers to be urgent because of an interruption, in full or in part, of any transport of natural gas, oil, or electricity or a threat thereof between the Parties, the provisions of this Article on remedies shall apply.
2. By way of derogation from Articles 391, 392, and 393 of this Agreement, the complaining Party may suspend obligations arising under Title V (Trade and Trade-related Matters) of this Agreement to a level equivalent to the nullification or impairment caused by the Party failing to bring itself into compliance with the arbitration panel ruling within 15 days of its notification. That suspension may take effect immediately. Such suspension may be maintained as long as the Party complained against has not complied with the arbitration panel ruling.
3. Should the Party complained against dispute the existence of a failure to comply or the level of suspension due to the failure to comply, it may initiate proceedings under Articles 393(3) and 395 of this Agreement which shall be examined expeditiously. The complaining Party shall be required to remove or adjust the suspension only after the arbitration panel has ruled on the matter, and may maintain the suspension pending the proceedings.
Article 395. Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies for Non-compliance
1. The Party complained against shall notify the complaining Party and the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, of the measure it has taken to comply with the ruling of the arbitration panel following the suspension of concessions or following the application of temporary compensation, as the case may be. With the exception of cases under paragraph 2 of this Article, the complaining Party shall terminate the suspension of concessions within 30 days from the receipt of the notification. In cases where compensation has been applied, and with the exception of cases under paragraph 2, the Party complained against may terminate the application of such compensation within 30 days from its notification that it has complied with the ruling of the arbitration panel.
2. If the Parties do not reach an agreement on whether the notified measure brings the Party complained against in conformity with the provisions referred to in Article 381 of this Agreement within 30 days of the date of receipt of the notification, the complaining Party shall request in writing the original arbitration panel to rule on the matter. Such a request shall be notified simultaneously to the other Party and to the Association Committee in Trade configuration. The arbitration panel ruling shall be notified to the Parties and to the Association Committee in Trade configuration within 45 days of the date of submission of the request. If the arbitration panel rules that the measure taken to comply is in accordance with the provisions referred to in Article 381 of this Agreement, the suspension of obligations or compensation, as the case may be, shall be terminated. Where relevant, the complaining Party shall adapt the level of suspension of concessions to the level determined by the arbitration panel.
Subsection 3. Common Provisions
Article 396. Replacement of Arbitrators
If in an arbitration proceeding under this Chapter, the original arbitration panel, or some of its members, are unable to participate, withdraw, or need to be replaced because they do not comply with the requirements of the Code of Conduct set out in Annex XXXIV to this Agreement, the procedure set out in Article 385 of this Agreement shall apply. The time-limit for the notification of the arbitration panel ruling shall be extended for the time necessary for the appoint- ment of a new arbitrator but for no more than 20 days.
Article 397. Suspension and Termination of Arbitration and Compliance Procedures
The arbitration panel shall, at the written request of the Parties, suspend its work at any time for a period agreed by the Parties not exceeding 12 consecutive months. The arbitration panel shall resume its work before the end of that period at the written request of the Parties or at the end of that period at the written request of any Party. The requesting Party shall inform the Chairperson of the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, and the other Party, accordingly. If a Party does not request the resumption of the arbitration panelâs work at the expiry of the agreed suspension period, the procedure shall be terminated. The suspension and termination of the arbitration panel's work are without prejudice to the rights of either Party in another proceeding subject to Article 405 of this Agreement.
Article 398. Mutually Agreed Solution
The Parties may reach a mutually agreed solution to a dispute under this Chapter at any time. They shall jointly notify the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, and the chairperson of the arbitration panel, where applicable, of any such solution. If the solution requires approval pursuant to the relevant domestic procedures of either Party, the notification shall refer to this requirement, and the dispute settlement procedure shall be suspended. If such approval is not required, or if the completion of any such domestic procedures is notified, the dispute settlement procedure shall be terminated.
Article 399. Rules of Procedure
1. Dispute settlement procedures under this Chapter shall be governed by the Rules of Procedure set out in Annex XXXII to this Agreement and by the Code of Conduct set out in Annex XXXIV to this Agreement.
2. Any hearing of the arbitration panel shall be open to the public unless provided otherwise in the Rules of Procedure.
Article 400. Information and Technical Advice
At the request of a Party, or upon its own initiative, the arbitration panel may obtain any information it deems appropriate for the arbitration panel proceeding from any source, including the Parties involved in the dispute. The arbitration panel also has the right to seek the opinion of experts, as it deems appropriate. The arbitration panel shall consult the Parties before choosing such experts. Natural or legal persons established in the territory of a Party may submit amicus curiae briefs to the arbitration panel in accordance with the Rules of Procedure. Any information obtained under this Article shall be disclosed to each of the Parties and submitted for their comments.
Article 401. Rules of Interpretation
The arbitration panel shall interpret the provisions referred to in Article 381 of this Agreement in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention of 1969 on the Law of Treaties. The arbitration panel shall also take into account relevant interpretations established in reports of panels and of the Appellate Body adopted by the WTO Dispute Settlement Body (DSB). The rulings of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided under this Agreement.
Article 402. Decisions and Rulings of the Arbitration Panel
1. The arbitration panel shall make every effort to take any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. However, in no case shall dissenting opinions of arbitrators be disclosed.
2. The rulings of the arbitration panel shall be unconditionally accepted by the Parties. They shall not create any rights or obligations for natural or legal persons. The rulings shall set out the findings of fact, the applicability of the relevant provisions referred to in Article 381 of this Agreement, and the basic rationale behind any findings and conclusions that they make. The Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, shall make the rulings of the arbitration panel publicly available in their entirety within 10 days of their notification, unless it decides not to do so in order to ensure the confidentiality of business confidential information.
Article 403. Referrals to the Court of Justice of the European Union
1. The procedures set out in this Article shall apply to disputes concerning the interpretation and application of a provision of this Agreement relating to gradual approximation contained in Chapter 3 (Technical Barriers to Trade), Chapter 4 (Sanitary and Phytosanitary Measures), Chapter 5 (Customs and Trade Facilitation), Chapter 6 (Establishment, Trade in Services and Electronic Commerce), Chapter 8 (Public Procurement) or Chapter 10 (Competition) of Title V (Trade and Trade-related Matters) of this Agreement, or which otherwise imposes upon a Party an obligation defined by reference to a provision of Union law.
2. Where a dispute raises a question of interpretation of a provision of Union law referred to in paragraph 1, the arbitration panel shall not decide the question, but request the Court of Justice of the European Union to give a ruling on the question. In such cases, the deadlines applying to the rulings of the arbitration panel shall be suspended until the Court of Justice of the European Union has given its ruling. The ruling of the Court of Justice of the European Union shall be binding on the arbitration panel.
Section 4. General Provisions Article 404 Lists of Arbitrators
1. The Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, shall, no later than six months after the entry into force of this Agreement, establish a list of at least 15 individuals who are willing and able to serve as arbitrators. The list shall be composed of three sub-lists: one sub-list for each Party and one sub-list of individuals that are not nationals of either Party and who may serve as chairperson to the arbitration panel. Each sub-list shall include at least five individuals. The Association Committee in Trade configuration shall ensure that the list is always maintained at that level.
2. Arbitrators shall have specialised knowledge and experience of law and international trade. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the Parties, and shall comply with the Code of Conduct set out in Annex XXXIV to this Agreement.
3. The Association Committee in Trade configuration may establish additional lists of 12 individuals with knowledge and experience in specific sectors covered by this Agreement. Subject to the agreement of the Parties, such additional lists shall be used to compose the arbitration panel in accordance with the procedure set out in Article 385 of this Agreement.
Article 405. Relation with WTO Obligations
1. Recourse to the dispute settlement provisions of this Chapter shall be without prejudice to any action in the WTO framework, including dispute settlement proceedings.
2. However, a Party shall not, for any particular measure, seek redress for a substantially equivalent obligation under both this Agreement and the WTO Agreement in both fora. In such case, once a dispute settlement proceeding has been initiated, the Party shall not bring a claim seeking redress for the breach of the substantially equivalent obligation under the other Agreement to the other forum, unless the forum selected first fails for procedural or jurisdictional reasons to make findings on the claim seeking redress of that obligation.
3. For the purposes of paragraph 2 of this Article:
(a) dispute settlement proceedings under the WTO Agreement are deemed to be initiated by a Party's request for the establishment of a panel under Article 6 of the Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO; and
(b) dispute settlement proceedings under this Chapter are deemed to be initiated by a Party's request for the establishment of an arbitration panel under Article 384 of this Agreement.
4. Nothing in this Agreement shall preclude a Party from implementing the suspension of obligations authorised by the DSB. The WTO Agreement shall not be invoked to preclude a Party from suspending obligations under this Chapter.
Article 406. Time-limits
1. All time-limits laid down in this Chapter, including the limits for the arbitration panels to notify their rulings, shall be counted in calendar days from the day following the act or the fact to which they refer, unless otherwise specified.
2. Any time-limit referred to in this Chapter may be modified by mutual agreement of the Parties to the dispute. The arbitration panel may at any time propose to the Parties to modify any time-limit referred to in this Chapter, stating the reasons for the proposal.
Chapter 15. General Provisions on Approximation Under Title V
Article 407. Progress In Approximation In Trade-related Areas
1. For the purposes of facilitating the assessment of the approximation, referred to in Articles 451 and 452 of this Agreement, of the law of the Republic of Moldova to Union law in the trade-related areas of Title V (Trade and Trade-related Matters), the Parties shall regularly, and at least once a year, discuss the progress in approximation according to the agreed timeframes provided for in Chapters 3, 4, 5, 6, 8 and 10 of Title V (Trade and Trade-related Matters) of this Agreement in the Association Committee in Trade configuration, as set out in Article 438(4) of this Agreement, or one of its Sub-Committees established under this Agreement.
2. Upon request by the Union, and for the purposes of such discussion, the Republic of Moldova shall submit to the Association Committee in Trade configuration or one of its Sub-Committees, as appropriate, information in writing on progress in approximation and on the effective implementation and enforcement of approximated domestic law, in relation to the relevant Chapters of Title V (Trade and Trade-related Matters) of this Agreement.