(a) the complaining Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure that the Panel has found to be inconsistent with this Agreement or have caused nullification or impairment; (34)
(b) the complaining Party may suspend benefits in other sectors, if it considers that it is not practicable or effective to suspend benefits or other obligations in the same sector;
(c) in the selection of the benefits to suspend, the complaining Party shall endeavor to take into consideration those which least disturb the implementation of this Agreement.
6. The suspension of benefits or other obligations shall be temporary and shall only apply until the inconsistency of the measure with the relevant covered provisions which has been found in the final report has been removed, the Parties have reached a mutually satisfactory agreement, or have agreed on any necessary compensation.
7. If the respondent Party considers that the suspension of benefits does not comply with paragraphs 4 and 5, that Party may request in writing the original Panel to examine the matter no later than 15 days after the date of receipt of the notification referred to in paragraph 2. That request shall be notified simultaneously to the complaining Party. The original Panel shall notify to the Parties its decision on the matter no later than 30 days of the receipt of the request from the respondent Party. Benefits or other obligations shall not be suspended until the original Panel has delivered its decision. The suspension of benefits or other obligations shall be consistent with this decision.
Article 15.24. Review of Any Measure Taken to Comply after the Adoption of Temporary Remedies
1. Upon the notification by the respondent Party to the complaining Party of the measure taken to comply with the final report:
(a) in a situation where the right to suspend benefits or other obligations has been exercised by the complaining Party in accordance with Article 15.23, the complaining Party shall terminate the suspension of benefits or other obligations no later than 30 days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2; or
(b) in a situation where necessary compensation has been agreed, the respondent Party shall terminate the application of such compensation no later than 30 days after the date of receipt of the notification, with the exception of the cases referred to in paragraph 2.
2. If the Parties do not reach an agreement on whether the measure notified in accordance with paragraph I is consistent with the relevant covered provisions within 30 days after the date ofreceipt of the notification, the complaining Party shall request in writing the original Panel to examine the matter. That request shall be notified simultaneously to the respondent Party. The decision of the Panel shall be notified to the Parties no later than 30 days after the date of submission of the request. If the Panel decides that the measure notified in accordance with paragraph I is consistent with the relevant covered provisions, the suspension of benefits or other obligations, or the application of the compensation, shall be terminated no later than 15 days after the date of the decision. If the Panel determines that the notified measure achieves only partial compliance with the covered provisions, the level of suspension of benefits or other obligations, or of the compensation, shall be adapted in light of the decision of the Panel.
Article 15.25. Suspension and Termination of Proceedings
If both Parties so request, the Panel shall suspend its work for a period agreed by the Parties and not exceeding 12 consecutive months. In the event of a suspension of the work of the Panel, the relevant time periods under this Chapter shall be extended by the same period of time for which the work of the Panel was suspended. The Panel shall resume its work before the end of the suspension period at the written request of both Parties. If the work of the Panel has been suspended for more than 12 consecutive months, the authority of the Panel shall lapse and the dispute settlement procedure shall be terminated.
Article 15.26. Choice of Forum
1. Unless otherwise provided in this Article, this Chapter is without prejudice to the rights of the Parties to have recourse to dispute settlement procedures available under other international trade agreements to which they are both parties.
2. When a dispute arises with regard to the alleged inconsistency of a particular measure with an obligation under this Agreement and a substantially equivalent obligation under another international trade agreement to which both Parties are party, including the WTO agreements, the complaining Party may select the forum in which to settle the dispute.
3. Once the complaining Party has requested the establishment of, or referred a matter to, a dispute settlement Panel under an agreement referred to paragraph 2, the forum selected shall be to the exclusion of other fora.
4. For the purpose of paragraph 3:
(a) dispute settlement proceedings under this Chapter are deemed to be initiated when a Party requests the establishment ofa Panel in accordance with Article 15.8;
(b) dispute settlement proceedings under the WTO Agreement are deemed to be initiated when a Party requests the establishment of a panel in accordance with Article 6 of the DSU; and
(c) dispute settlement proceedings under any other agreement are deemed to be initiated when a Party requests the establishment of a dispute settlement panel in accordance with the relevant provisions of that agreement.
Article 15.27. Costs
1. Unless the Parties otherwise agree, the costs of the Panel and other expenses associated with the conduct of its proceedings shall be borne in equal parts by both Parties.
2. Each Party shall bear its own expenses and legal costs in the Panel proceedings.
Article 15.28. Mutually Agreed Solution
1. The Parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 15.3.
2. If a mutually agreed solution is reached during the Panel procedure, the Parties shall jointly notify that solution to the chairperson of the Panel. Upon such notification, the Panel shall be terminated.
3. Each Party shall take measures necessary to implement the mutually agreed solution within the agreed time period.
4. No later than at the expiry of the agreed time period, the implementing Party shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution.
Article 15.29. Time Periods
1. All time periods laid down in this Chapter shall be counted in calendar days from the day following the act to which they refer.
2. Any time period referred to in this Chapter may be modified by mutual agreement of the Parties. Article 15.30: Appendices The Joint Committee may modify Appendicesl5A (Rules of Procedure) and 158 (Code of Conduct for Panelists).
APPENDIX 15A. RULES OF PROCEDURE
Timetable
1. After consulting the Parties, the Panel shall, whenever possible within seven days of the appointment of the final panelist, fix the timetable for the panel process. The indicative timetable set out in paragraph 25 to 31 below should be used as a guide.
2. The Panel process shall, as a general rule, not exceed 120 days from the date of establishment of the Panel until the date of the final report, unless the Parties otherwise agree.
3. Should the Panel consider there is a need to modify the timetable, it shall inform the Parties in writing of the proposed modification and the reason for it.
Written Submissions and other Documents
4. Unless the Panel otherwise decides, the complaining Party shall deliver its first written submission to the Panel no later than 15 days after the date of appointment of the final panelist. The Party complained against shall deliver its first written submission to the Panel no later than 20 days after the date of delivery of the complaining Party's first written submission. Copies shall be provided for each panelist.
5. Each Party shall also provide a copy of its first written submission to the other Party at the same time as it is delivered to the Panel.
6. Within 10 days of the conclusion of the hearing, each Party may deliver to the Panel and the other Party a supplementary written submission responding to any matter that arose during the hearing.
7. The Parties shall transmit all information or written submissions, written versions of oral statements and responses to questions put by the Panel to the other Party to the dispute at the same time as it is submitted to the Panel.
8. All written documents provided to the Panel or by one Party to the other Party shall be provided by electronic means.
9. Minor errors of a clerical nature in any request, notice, written submission or other document related to the Panel proceeding may be corrected by delivery of a new document clearly indicating the changes.
Operation of the Panel
10. The Chairperson of the Panel shall preside at all of its meetings which will be held on line and exceptionally in person upon an agreement of the Parties. The Panel will conduct its business by any modem means, including by telephone, video or computer links. The Panel may delegate to the chairperson the authority to make administrative and procedural decisions.
11. Panel deliberations shall be confidential. Only panelists may take part in the deliberations of the Panel. The reports of panels shall be drafted without the presence of the Parties in the light of the information provided and the statements made.
12. Opinions expressed in the panel report by individual panelists shall be anonymous.
Hearings
13. The Parties shall be given the opportunity to attend hearings of the Panel.
14. The timetable established in accordance with paragraph 1 shall provide for at least one hearing and maximum three hearings for the Parties to present their cases to the Panel.
15. The Panel may convene additional hearings if the Parties so agree.
16. All panelists shall be present at hearings. Panel hearings shall be held online or exceptionally in person in closed session with only the panelists and the Parties in attendance. However, in consultation with the Parties, assistants may also be present at hearings to assist the Panel in its work. Any such arrangements established by the Panel may be modified with the agreement of the Parties.
17. The hearing shall be conducted by the Panel in a manner ensuring that the complaining Party and the respondent Party are afforded equal time to present their case. The Panel shall conduct the hearing in the following manner: argument of the complaining Party; argument of the respondent Party; the reply of the complaining Party; the counter-reply of the respondent; closing statement of the complaining Party; and closing statement of the respondent Party. The Chairperson may set time limits for oral arguments to ensure that each Party is afforded equal time. Each Party will provide the Panel and the other Party all its oral statements and replies in writing no later than one day after the hearing.
Questions
18. The Panel may direct questions to either Party at any time during the proceedings, subject to notification to the other Party. The Parties shall respond promptly and fully to any request by the Panel for such information as the Panel considers necessary and appropriate.
19. Where the question is in writing each Party shall also provide a copy of its response to such questions to the other Party at the same time as it is delivered to the Panel. Each Party shall be given the opportunity to provide written comments on the response of the other Party.
Confidentiality
20. The Panel's hearings and the documents submitted to it shall be confidential. Each Party shall treat as confidential information submitted to the Panel by the other Party which that Party has designated as confidential.
21. Where a Party designates as confidential its written submissions to the Panel, it shall, on request of the other Party, provide the Panel and the other Party with a non-confidential summary of the information contained in its written submissions that could be disclosed to the public no later than 10 days after the date of request. Nothing in these Rules shall prevent a Party from disclosing statements of its own positions to the public.
Working language
22. The working language of the Panel proceedings, including for written submissions, oral arguments or presentations, the report of the Panel and all written and oral communications between the Parties and with the Panel, shall be English.
Venue
23. If held in person the venue for the hearings of the Panel shall be decided by agreement between the Parties. lfthere is no agreement, the first hearing shall be held in the territory of the respondent Party, and any additional hearings shall alternate between the territories of the Parties.
Expenses
24. The Panel shall keep a record and render a final account of all general expenses incurred in connection with the proceedings, including those paid to its assistants.
Indicative Timetable for the Panel
25. Panel established on xx/xx/xxxx.
26. Receipt of first written submissions of the Parties:
(a) complaining Party: 15 days after the date of appointment of the final panelist;
(b) respondent Party: 15 days after (a);
27. Date of the first hearing with the Parties: 20 days after receipt of the first submission of the respondent Party against;
28. Receipt of written supplementary submissions of the Parties: 10 days after the date of the first hearing;
29. Issuance of interim report to the Parties: 90 days of the date of composition of the Panel;
30. Deadline for the Parties to provide written comments on the interim report: 15 days after the issuance of the interim report; and
31. Issuance of final report to the Parties: within 120 days of the date of composition of the Panel.
APPENDIX 15B. CODE OF CONDUCT FOR PANELISTS
Definitions
1. For the purposes of this Appendix:
(a) Assistant means a person who, under the tenn of appointment of a panelist, conducts research or provides support for the Panel, which number will be not exceed three;
(b) Panelist means a member ofa Panel established under Article 15.8; and
(c) Proceeding, unless otherwise specified, means the proceeding of a Panel under this Chapter.
Responsibilities to the Process
2. Every panelist shall avoid impropriety and the appearance of impropriety, shall be independent and impartial, shall avoid direct and indirect conflicts of interests, and shall observe high standards of conduct so that the integrity and impartiality of the dispute settlement process are preserved. Fonner panelists shall comply with the obligations established in paragraphs 18 through 22.
Disclosure Obligations
3. Prior to confinnation of his or her selection as a panelist under this Chapter, a candidate shall disclose any interest, relationship or matter that is likely to affect his or her independence or impartiality or that might reasonably create an appearance of impropriety or bias in the proceeding. To this end, a candidate shall make all reasonable efforts to become aware of any such interests, relationships and matters.
4. Once selected, a panelist shall continue to make all reasonable efforts to become aware of any interests, relationships and matters referred to in paragraph 3 and shall disciose them by communicating them in writing to the Joint Committee for consideration by the Parties. The obligation to disclose is a continuing duty, which requires a panelist to disclose any such interests, relationships and matters that may arise during any stage of the proceeding.
Performance of Duties by Panelists
5. A panelist shall comply with the provisions of this Chapter and the applicable rules of procedure.
6. On selection, a panelist shall perfonn his or her duties thoroughly and expeditiously throughout the course of the proceeding with fairness and diligence.
7. A panelist shall not deny other panelists the opportunity to participate in all aspects of the proceeding.
8. A panelist shall consider only those issues raised in the proceeding and necessary to rendering a decision and shall not delegate the duty to decide to any other person.
9. A panelist shall take all appropriate steps to ensure that the Panel assistants are aware of, and comply with paragraphs 2, 3, 4, 19, 20, and 21.
10. A panelist shall not engage in ex parte contacts concerning the proceeding.
11. A panelist shall not communicate matters concerning actual or potential violations of this Appendix by another panelist unless the communication is to both Parties or is necessary to ascertain whether that panelist has violated or may violate this Appendix.
Independence and Impartiality of Panelists
12. A panelist shall be independent and impartial. A panelist shall act in a fair manner ar,d shall avoid creating an appearance of impropriety or bias.
13. A panelist shall not be influenced by self-interest, outside pressure, political considerations, public clamour, loyalty to a Party or fear of criticism.
14. A panelist shall not, directly. or indirectly, incur any obligation or accept any benefit that would in any way interfere, or appear to interfere, with the proper performance of the panelist's duties.
15. A panelist shall not use his or her position on the Panel to advance any personal or private interests. A panelist shall avoid actions that may create the impression that others are in a special position to influence the panelist. A panelist shall make every effort to prevent or discourage others from representing themselves as being in such a position.
16. A panelist shall not allow past or existing financial, business, professional, family or social relationships or responsibilities to influence the panelist's conduct or judgment.
17. A panelist shall avoid entering into any relationship, or acquiring any financial interest, that is likely to affect the pane.list's impartiality or that might reasonably create an appearance of impropriety or bias.
Duties in Certain Situations
18. A panelist or former panelist shall avoid actions that may create the appearance that the panelist was biased in carrying out the panelist's duties or would benefit from the decision or report of the Panel.
Maintenance of Confidentiality
19. A panelist or former panelist shall not at any time disclose or use any non-public information concerning the proceeding or acquired during the proceeding except for the purposes of the proceeding and shall not, in any case, disclose or use any such information to gain personal advantage, or advantage for others, or to affect adversely the interest of others.
20. A panelist shall not disclose a Panel report, or parts thereof, prior to its publication.
21. A panelist or former panelist shall not at any time disclose the deliberations of a Panel, or any panelist's view, except as required by legal or constitutional requirements.
22. In the case the disclosure referred in paragraph 21 is required, the persons listed in paragraph 21 shall provide sufficient advance notice to the Parties and the disclosure shall not be broader than necessary to satisfy the legitimate purpose of the disclosure.
Chapter 16. EXCEPTIONS
Article 16.1. General Exceptions
1. For the purposes of Chapters 2 (Trade in Goods), 3 (Rules of Origin), 4 (Sanitary and Phytosanitary Measures), 5 (Technical Barriers to Trade), and 6 (Customs Procedures and Trade Facilitation), and Article XX of the GATT 1994 and its interpretative note are incorporated into and form part of this Agreement, mutatis mutandis.
2. For the purposes of Chapters 8 (Trade in Services) and Chapter 9 (Digital Trade)(35), Article XIV of the GATS, including its footnotes, is incorporated into and forms part of this Agreement, mutatis mutandis.
Article 16.2. Security Exceptions
Nothing in this Agreement shall be construed:
(a) to require a Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;
(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests:
(i) relating to fissionable and fusionable materials or the materials from which they are derived;
(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
(iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment;
(iv) taken in time of war or other emergency in international relations; or
(c) to prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Article 16.3. Taxation
1. Nothing in this Agreement shall apply to any taxation measure. (36)
2. Nothing in this Agreement shall affect the rights and obligations of a Party under any tax convention. In the event of any inconsistency between this Agreement and any such tax convention, that tax convention shall prevail to the extent of the inconsistency.
Chapter 17. ADMINISTRATION OF THE AGREEMENT
Article 17.1. Joint Committee
1. The Parties hereby establish a Joint Committee.
2. The Joint Committee:
(a) shall be composed of representatives of the Serbia and UAE; and
(b) may establish standing or ad hoc subcommittees or working groups and assign any of its powers thereto.
3. The Joint Committee shall meet within one year from the entry into force of this Agreement. Thereafter, it shall meet every two years unless the Parties agree otherwise, to consider any matter relating to this Agreement. The regular sessions of the Joint Committee shall be held alternately in the territories of the Parties.
4. The Joint Committee shall also hold special sessions without undue delay from the date of a request thereof from either Party.
5. The functions of the Joint Committee shall be as follows:
(a) to review and assess the results and overall operation of this Agreement in the light of its objectives and the experience gained during its application;
(b) to consider any amendments to this Agreement that may be proposed by either Party, including the modification of concessions made under this Agreement;
(c) to endeavour to amicably resolve disputes between the Parties arising from the interpretation or application of this Agreement;
(d) to supervise and coordinate the work of all subcommittees and working groups established under this Agreement;
(e) to consider any other matter that may affect the operation of this Agreement;
(f) if requested by either Party, to propose a mutually agreed interpretation to be given to the provisions of this Agreement;
(g) to adopt decisions or make recommendations as envisaged by this Agreement; and (h) to carry out any other functions as may be agreed by the Parties.
6. The Joint Committee shall establish its own working procedures.
7. Meetings of the Joint Committee and of any standing or ad hoc subcommittees or working groups may be conducted in person or by any other means as determined by the Parties.
Article 17.2. Communications
1. Each Party shall designate a contact point to receive and facilitate official communications between the Parties on any matter relating to this Agreement.
2. All official communications in relation to this Agreement shall be in the English language.