(iii) the character and objective of the government action.
(b) Except in rare circumstances, non-discriminatory regulatory actions by a Party that are designed and applied to protect legitimate public welfare objectives, such as public morals, public health, safety and the environment, do not constitute indirect expropriations.
Annex 10-C. Service of Documents on a Party
People’s Republic of China
Notices and other documents shall be served on the People’s Republic of China by delivery to:
Department of Treaty and Law
Ministry of Commerce of the People’s Republic of China
2 Dong Chang’an Avenue
Beijing, 100731
People’s Republic of China
Republic of Singapore
Notices and other documents shall be served on the Republic of Singapore by delivery to:
Ministry of Trade and Industry
100 High Street #09-01
Singapore 179434
Republic of Singapore
Chapter 11. Economic Co-operation
Article 1. Objectives
1. The objectives of this Chapter are:
(a) to further strengthen bilateral cooperation in view of recent regional and international strategic developments;
(b) to reaffirm existing arrangements already in place for bilateral cooperation; and
(c) to explore new areas of collaboration between the Parties.
2. The areas of cooperation may include, but are not limited to:
(a) Cooperation under the Belt and Road Initiative;
(b) Trade and Investment Promotion;
(c) Participation in China’s Regional Development;
(e) Tourism Cooperation;
(e) Human Resource Development;
(f) Facilitation of “Go Global” Efforts of Chinese Enterprises.
Article 2. Cooperation Under the Belt and Road Initiative
1. Recognising that the Belt and Road Initiative is important for deepening all round cooperation between the Parties, realising the goal of common development, developing and strengthening connectivity and promoting regional peace and development, the Parties will jointly promote cooperation on the Belt and Road Initiative and explore the converging points between the Belt and Road Initiative and each Party’s national development priorities, thereby enhancing win-win cooperation and co-prosperity.
2. Guided by the principle that “the Belt and Road Initiative be jointly implemented through consultation to meet the interests of all”, the Parties will carry out cooperation in areas such as coordination enhancement, connectivity enhancement, trade connectivity, financial integration and people-to-people ties. The Parties shall strengthen connectivity and mutual support, and draw on each Party’s experience.
3. The Parties will strengthen cooperation under the Belt and Road Initiative, including in the three platforms of infrastructure connectivity, financial connectivity and third party cooperation.
4. The Parties will jointly promote the connectivity of the Belt and Road through the existing bilateral cooperation mechanisms, such as the China-Singapore Joint Council for Bilateral Cooperation (JCBC), and multilateral mechanisms participated by the Parties to explore new opportunities of cooperation and coordinate, where applicable, on major issues of cooperation.
Article 3. Trade and Investment Promotion
1. Recognising that strong trade and investment flows are important for the development of their respective economies, the Parties shall explore strengthening cooperation in trade and investment promotion.
2. To achieve the above, the Parties shall encourage and facilitate activities which include the following:
(a) policy dialogue to promote and expand trade and investment between the Parties;
(b) exchanging views on important economic and trade issues, and holding consultations to solve common problems relating to bilateral trade and investment;
(c) jointly identifying priority sectors with strong cooperation potential based on the Parties’ complementary strengths, and exploring ways of collaboration in the identified sectors;
(d) supporting exchanges and dialogues between the business communities of the Parties; and
(e) reinforcing economic cooperation between the Parties, including in third countries.
3. The Parties shall guide and co-ordinate cooperation in trade and investment promotion through the existing mechanisms of the national-level JCBC, the Investment Promotion Committee (IPC), the MOFCOM–MTI Dialogue and provincial-level business councils. The Parties shall continually strengthen the Government-toGovernment mechanisms, and explore new means of cooperation toward this end.
4. The Parties note that the participation of semi-official and non-official organisations in the area of trade and investment promotion has positive effect on bilateral economic cooperation. The Parties agree to support these organisations, where possible, to foster trade and investment promotion activities.
5. The Parties note the importance of accelerating and promoting broader exchanges and cooperation between the business communities of the Parties and shall encourage business promotion activities so as to foster exchanges and networking among their respective enterprises.
Article 4. Participation In China’s Regional Development
1. Recognising that participation in China’s regional development is a key pillar in bilateral relations, which is exemplified by the flagship Suzhou Industrial Park project, the Parties shall continue to work closely to broaden and deepen cooperation in this area.
2. Noting that the flagship Sino-Singapore Tianjin Eco-city project is another key step forward in bilateral cooperation in regional development, both Parties agree to work closely with a view to developing the city as a model for sustainable development and enhance cooperation in areas including environmental protection and resource and energy conservation.
3. Recognising that the China-Singapore (Chongqing) Demonstration Initiative on Strategic Connectivity is the key priority demonstration project under China’s Belt and Road Initiative, Western Region Development and Yangtze River Economic Belt strategies, both Parties agree to work closely in four priority areas of collaboration, viz. financial services, aviation, transport and logistics, and information and communications technology, in order to enhance connectivity and drive the development of Western China. The Parties also agree to accord the Initiative with necessary innovative measures, including but not limited to policy and institutional innovations, which shall be consistent with China’s Comprehensive Deepening of Reforms.
4. The Parties reaffirm the role of the bilateral provincial business councils as the important mechanism of their cooperation to support China’s regional development initiatives. The Parties agree to strengthen their existing collaboration as well as explore new areas of cooperation through the councils.
5. The Parties shall also work with the respective business chambers in China and Singapore to encourage participation in regional trade fairs in China.
6. The Parties agree in-principle that any business collaboration should be commercially led and the governments should play a facilitative role.
Article 5. Tourism Cooperation
1. Recognising that strong tourism and people-to-people flows are important for the long-term development of their respective economies, the Parties shall continue to strengthen cooperation in tourism promotion and exchanges through regular dialogues.
2. The Parties shall continue to further co-operate in the field of tourism. The Parties also note the importance of expanding and deepening tourism cooperation, in particular, to increase edu-tourism and student exchanges.
3. The Parties shall co-operate in good faith to promote tourism by exploring ways and initiatives to introduce greater convenience to travellers. This would further enhance the mutual understanding and friendly exchanges between the peoples of the Parties.
4. Each Party will encourage the participation of the tourism enterprises in travel marts, exhibitions and tourism festivals so as to enhance two-way communication and cooperation, with a view to deepening understanding of the needs of tourists from the other Party and improving the quality of service.
Article 6. Human Resource Development
1. Recognising that human resource development is a key pillar in bilateral relations, the Parties agree to continue conducting bilateral exchanges and training programmes for officials in order to enhance cooperation in human resources training and development, and deepen mutual understanding and friendship between both countries. In this regard, the Parties recognise the arrangements established under the Framework Agreement between the Ministry of Foreign Affairs of the Republic of Singapore and the Ministry of Foreign Affairs of the Peoples’ Republic of China on the Exchange Programme for Middle- to Senior-Level Officials (2015-2019), signed on 27 October 2014.
Article 7. Facilitation of “Go Global” Efforts of Chinese Enterprises
1. Recognising that facilitating the “Go Global” efforts of Chinese enterprises is a key pillar of bilateral cooperation, the Parties shall intensify their collaboration in this area.
2. The Parties shall explore more ways to facilitate business exchanges and promote awareness amongst Chinese companies on the advantages of using Singapore as an effective regional platform as well as explore collaborative opportunities in third country markets.
3. The Parties agree that any business collaboration should be commercially led and the role that governments can play is to raise awareness of such opportunities and provide platforms such as business seminars and networking sessions to facilitate exchanges.
4. The Parties shall constantly explore new avenues of collaboration through platforms such as the MOFCOM–MTI Dialogue, the IPC and the JCBC.
Chapter 12. Dispute Settlement
Article 91. Definitions
Unless otherwise provided, for the purposes of this Chapter:
(a) complaining Party means the Party that requests consultations under Article 94 (Consultations); and
(b) Party complained against means the Party to which the request for consultations is made under Article 94 (Consultations).
Article 92. Scope and Coverage
1. This Chapter shall apply to disputes arising under this Agreement which shall also include the Annexes and the contents therein.
2. Any special or additional rules and procedures on dispute settlement for application to this Chapter may be made with the consent of the Parties.
3. Unless otherwise provided for in this Agreement, or as the Parties may otherwise agree, this Chapter shall apply with respect to the avoidance or settlement of disputes between the Parties concerning their respective rights and obligations under this Agreement.
4. This Chapter may be invoked in respect of measures affecting the observance of this Agreement taken by central, regional or local governments or authorities within the territory of a Party.
5. Subject to paragraph 6, nothing in this Chapter shall prejudice any right of the Parties to have recourse to dispute settlement procedures available under any other treaty to which they are parties.
6. Once dispute settlement proceedings have been initiated under this Chapter or under any other treaty to which the Parties are parties, concerning a particular right or obligation arising under this Agreement or that other treaty, the forum selected by the complaining Party shall be used to the exclusion of any other for such dispute.
7. Paragraphs 5 and 6 shall not apply where the Parties expressly agree to the use of more than one dispute settlement forum in respect of that particular dispute.
8. For the purposes of paragraphs 5, 6 and 7, the complaining Party shall be deemed to have selected a forum when it has requested the establishment of, or referred a dispute to, a dispute settlement panel or tribunal in accordance with this Chapter or any other agreement to which the Parties are parties.
Article 93. Liaison Office
1. For the purposes of this Chapter, each Party shall:
(a) designate an office that shall be responsible for all liaison affairs referred to in this Chapter;
(b) be responsible for the operation and costs of its designated office; and
(c) notify the other Party of the location and address of its designated office within thirty (30) days after the completion of its domestic procedures for the entry into force of this Agreement.
2. Unless otherwise provided in this Chapter, the submission of any request or document under this Chapter to the designated office of a Party shall be deemed to be the submission of that request or document to that Party.
Article 94. Consultations
1. A Party complained against shall accord due consideration and adequate opportunity for consultations regarding a request for consultations made by the complaining Party with respect to any matter affecting the implementation or application of this Agreement whereby:
(a) any benefit accruing to the complaining Party directly or indirectly under this Agreement is being nullified or impaired; or
(b) the attainment of any objective of this Agreement is being impeded, as a result of the failure of the Party complained against to carry out its obligations under this Agreement.
2. Any request for consultations shall be submitted in writing, which shall include the specific measures at issue, and the factual and legal basis (including the provisions of this Agreement alleged to have been breached and any other relevant provisions) of the complaint. The complaining Party shall send the request to the Party complained against. Upon receipt, the Party complained against shall acknowledge receipt of such request to the complaining Party.
3. If a request for consultations is made, the Party complained against shall reply to the request within seven (7) days after the date of its receipt and shall enter into consultations in good faith within a period of not more than thirty (30) days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution. If the Party complained against does not respond within the aforesaid seven (7) days, or does not enter into consultations within the aforesaid thirty (30) days, then the complaining Party may proceed directly to request the appointment of an arbitral tribunal under Article 96 (Appointment of Arbitral Tribunals).
4. The Parties shall make every effort to reach a mutually satisfactory resolution of any matter through consultations. To this end, the Parties shall:
(a) provide sufficient information to enable a full examination of how the measure might affect the operation of this Agreement; and
(b) treat as confidential any information exchanged in the consultations which the other Party has designated as confidential.
5. Consultations shall be confidential, and are without prejudice to the rights of either Party in any further or other proceedings.
6. In cases of urgency, including those which concern perishable goods, the Parties shall enter into consultations within a period of no more than ten (10) days after the date of receipt of the request by the Party complained against. If the consultations fail to settle the dispute within a period of twenty (20) days after the date of receipt of the request by the Party complained against, the complaining Party may proceed directly to make a written request to the Party complained against to appoint an arbitral tribunal under Article 96 (Appointment of Arbitral Tribunals).
7. In cases of urgency, including those which concern perishable goods, the Parties and arbitral tribunals shall make every effort to accelerate the proceedings to the greatest extent possible.
Article 95. Conciliation or Mediation
1. The Parties may, at any time, agree to conciliation or mediation, which may begin and be terminated by the Parties at any time.
2. If both Parties agree, conciliation or mediation proceedings may continue before any person or body as may be agreed by the Parties while the dispute proceeds for resolution before an arbitral tribunal appointed under Article 96 (Appointment of Arbitral Tribunals).
3. Proceedings involving conciliation and mediation, and positions taken by the Parties during these proceedings, shall be confidential, and without prejudice to the rights of either Party in any further or other proceedings.
Article 96. Appointment of Arbitral Tribunals
1. If the consultations referred to in Article 94 (Consultations) fail to settle a dispute within sixty (60) days after the date of receipt of the request for consultations, or within twenty (20) days after such date in cases of urgency including those which concern perishable goods, the complaining Party may make a written request to the Party complained against to appoint an arbitral tribunal under this Article.
2. A request for the appointment of an arbitral tribunal shall give the reasons for the request, including the identification of:
(a) the specific measure at issue; and
(b) the factual and legal basis (including the provisions of this Agreement alleged to have been breached and any other relevant provisions) for the complaint sufficient to present the problem clearly.
Article 97. Composition of Arbitral Tribunals
1. Unless the Parties agree otherwise, the arbitral tribunal shall have three (3) members.
2. The complaining Party shall appoint an arbitrator to the arbitral tribunal within twenty (20) days of the receipt of the request for appointment of the arbitral tribunal under Article 96 (Appointment of Arbitral Tribunals) by the Party complained against. The Party complained against shall appoint an arbitrator to the arbitral tribunal within thirty (30) days of its receipt of the request for appointment of the arbitral tribunal under Article 96 (Appointment of Arbitral Tribunals). If a Party fails to appoint an arbitrator within such period, then the arbitrator appointed by the other Party shall act as the sole arbitrator of the tribunal.
3. Once the complaining Party and the Party complained against have appointed their respective arbitrators subject to paragraph 2, the Parties shall endeavour to agree on an additional arbitrator who shall serve as chair. If the Parties are unable to agree on the chair of the arbitral tribunal within thirty (30) days after the date on which the last arbitrator has been appointed under paragraph 2, they shall request the Director-General of the WTO to appoint the chair and such appointment shall be accepted by them. In the event that the Director-General is a national of either Party, the Deputy Director-General or the officer next in seniority who is not a national of either Party shall be requested to appoint the chair.
4. The date of composition of the arbitral tribunal shall be the date on which the chair is appointed under paragraph 3, or the 30th day after the receipt of the request under Article 96 (Appointment of Arbitral Tribunals) where only a sole arbitrator of the tribunal is available.
5. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended during the appointment of the successor arbitrator.
6. Any person appointed as a member or chair of the arbitral tribunal 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, and shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence. Additionally, the chair shall not be a national of either Party and shall not have his or her usual place of residence in the territory of, nor be employed by, either Party.
7. Where the original arbitral tribunal is required for a matter as provided in this Chapter but cannot hear the matter for any reason, a new tribunal shall be appointed under this Article.
Article 98. Functions of Arbitral Tribunals
1. The function of an arbitral tribunal is to make an objective assessment of the dispute before it, including an examination of the facts of the case and the applicability of and conformity with this Agreement. Where the arbitral tribunal concludes that a measure is inconsistent with a provision of this Agreement, it shall recommend that the Party complained against bring the measure into conformity with that provision. In addition to its recommendations, the arbitral tribunal may suggest ways in which the Party complained against could implement the recommendations. In its findings and recommendations, the arbitral tribunal cannot add to or diminish the rights and obligations provided in this Agreement.
2. The arbitral tribunal shall have the following terms of reference unless the Parties agree otherwise within twenty (20) days from its composition: "To examine, in the light of the relevant provisions in the CSFTA, the matter referred to this arbitral tribunal by (name of the complaining Party), and to make findings, determinations and recommendations provided for in the CSFTA." The arbitral tribunal shall address the relevant provisions in this Agreement cited by the Parties.
3. The arbitral tribunal established pursuant to Article 96 (Appointment of Arbitral Tribunals):
(a) shall consult regularly with the Parties and provide adequate opportunities for the development of a mutually satisfactory resolution;
(b) shall make its decision in accordance with this Agreement and the rules of international law applicable between the Parties; and
(c) shall set out, in its decision, its findings of law and fact, together with the reasons therefor.
4. The decision of the arbitral tribunal shall be final and binding on the Parties.
5. An arbitral tribunal shall take its decision by consensus; provided that where an arbitral tribunal is unable to reach consensus, it may take its decision by majority opinion.
6. The arbitral tribunal shall, in consultation with the Parties and apart from the matters set out in paragraph 2 of Article 96 (Appointment of Arbitral Tribunals), and Article 99 (Proceedings of Arbitral Tribunals), regulate its own procedures in relation to the rights of Parties to be heard and its deliberations.
Article 99. Proceedings of Arbitral Tribunals
1. An arbitral tribunal shall meet in closed session. The Parties shall be present at the meetings only when invited by the arbitral tribunal to appear before it.
2. The venue for the substantive meetings of the arbitral tribunal shall be decided by mutual agreement between the Parties, failing which the first substantive meeting shall be held in the capital of the Party complained against, with the second substantive meeting to be held in the capital of the complaining Party.
3. After consulting the Parties, the arbitral tribunal shall, as soon as practical and possible within fifteen (15) days after the composition of the arbitral tribunal, fix the timetable for the arbitral process. In determining the timetable for the arbitral process, the arbitral tribunal shall provide sufficient time for the Parties to prepare their respective submissions. The arbitral tribunal should set precise deadlines for written submissions by the Parties and the Parties shall respect these deadlines.
4. The deliberations of an arbitral tribunal and the documents submitted to it shall be kept confidential. Nothing in this Article shall preclude a Party from disclosing statements of its own positions or its submissions to the public; a Party shall treat as confidential information submitted by the other Party to the arbitral tribunal which the submitting Party has designated as confidential. Where a Party submits a confidential version of its written submissions to the arbitral tribunal, it shall also, upon request by the other Party, provide a non-confidential summary of the information contained in its submissions that can be disclosed to the public.
5. The rules and procedures pertaining to the proceedings before the arbitral tribunal as set out in Annex 7 (Rules and Procedures for Arbitral Proceedings) shall apply unless the arbitral tribunal decides otherwise after consulting the Parties.
6. The report of the arbitral tribunal shall be drafted without the presence of the Parties in the light of the information provided and the statements made. The deliberations of the tribunal shall be confidential. Opinions expressed in the report of the arbitral tribunal by an individual arbitrator shall be anonymous.
7. Following the consideration of submissions, oral arguments and any information before it, the arbitral tribunal shall issue a draft report to the Parties, including both a descriptive section relating to the facts of the dispute and the arguments of the Parties and the arbitral tribunal's findings and conclusions. The arbitral tribunal shall accord adequate opportunity to the Parties to review the entirety of its draft report prior to its finalisation and shall include a discussion of any comments by the Parties in its final report.
8. The arbitral tribunal shall release to the Parties its final report within one hundred and twenty (120) days from the date of its composition. In cases of urgency, including those relating to perishable goods, the arbitral tribunal shall aim to issue its report to the Parties within sixty (60) days from the date of its composition. When the arbitral tribunal considers that it cannot release its final report within one hundred and twenty (120) days, or within sixty (60) days in cases of urgency, it shall inform the Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its report. In no case should the period from the composition of an arbitral tribunal to the release of the report to Parties exceed one hundred and eighty (180) days.
9. The final report of the arbitral tribunal shall become a public document within ten (10) days after its release to the Parties.
Article 100. Suspension and Termination of Proceedings
1. Where the Parties agree, the arbitral tribunal may suspend its work at any time for a period not exceeding twelve (12) months from the date of such agreement. Upon the request of either Party, the arbitral proceeding shall be resumed after such suspension. If the work of the arbitral tribunal has been suspended for more than twelve (12) months, the authority for establishment of the arbitral tribunal shall lapse unless the Parties agree otherwise.
2. The Parties may agree to terminate the proceedings of an arbitral tribunal established under this Agreement before the release of the final report to them, in the event that a mutually satisfactory solution to the dispute has been found.
3. Before the arbitral tribunal makes its decision, it may at any stage of the proceedings propose to the Parties that the dispute be settled amicably.
Article 101. Implementation
1. The Party complained against shall inform the complaining Party of its intention in respect of implementation of the recommendations and rulings of the arbitral tribunal.
2. If it is impracticable to comply immediately with the recommendations and rulings of the arbitral tribunal, the Party complained against shall have a reasonable period of time in which to do so. The reasonable period of time shall be mutually determined by the Parties or, where the Parties fail to agree on the reasonable period of time within thirty (30) days of the release of the arbitral tribunal's final report, either Party may refer the matter to the original arbitral tribunal (to the extent this is possible), which shall, following consultations with the Parties, determine the reasonable period of time within thirty (30) days after the date of the referral of the matter to it. When the arbitral tribunal considers that it cannot provide its report within this timeframe, it shall inform the Parties in writing of the reasons for the delay and shall submit its report no later than forty-five (45) days after the date of the referral of the matter to it.
3. Where there is disagreement as to the existence or consistency with this Agreement of measures taken within the reasonable period of time referred to in paragraph 2 to comply with the recommendations of the arbitral tribunal, such dispute shall be referred to the original arbitral tribunal, wherever possible. The arbitral tribunal shall provide its report to the Parties within sixty (60) days after the date of the referral of the matter to it. When the arbitral tribunal considers that it cannot provide its report within this timeframe, it shall inform the Parties in writing of the reasons for the delay and shall submit its report no later than seventy-five (75) days after the date of the referral of the matter to it.
Article 102. Compensation and Suspension of Concessions or Benefits
1. Compensation and the suspension of concessions or benefits are temporary measures available in the event that the recommendations and rulings are not implemented within a reasonable period of time. However, neither compensation nor the suspension of concessions or benefits is preferred to full implementation of a recommendation to bring a measure into conformity with this Agreement. Compensation is voluntary and, if granted, shall be consistent with this Agreement.
2. If the Party complained against fails to bring the measure found to be inconsistent with this Agreement into compliance with the recommendations of the arbitral tribunal within the reasonable period of time determined pursuant to paragraph 2 of Article 101 (Implementation), that Party shall, if so requested, enter into negotiations with the complaining Party with a view to reaching a mutually satisfactory agreement on any necessary compensatory adjustment.
3. If no mutually satisfactory agreement on compensation has been reached within twenty (20) days after the request of the complaining Party to enter into negotiations on compensatory adjustment, the complaining Party may request the original arbitral tribunal to determine the appropriate level of any suspension of concessions or benefits conferred on the Party which has failed to bring the measure found to be inconsistent with this Agreement into compliance with the recommendations of the arbitral tribunal. The arbitral tribunal shall provide its report to the Parties within thirty (30) days after the date of the referral of the matter to it. When the arbitral tribunal considers that it cannot provide its report within this timeframe, it shall inform the Parties concerned in writing of the reasons for the delay and shall submit its report no later than forty-five (45) days after the date of the referral of the matter to it. Concessions or benefits shall not be suspended during the course of the arbitral proceedings.
4. Any suspension of concessions or benefits shall be restricted to those accruing under this Agreement to the Party which has failed to bring the measure found to be inconsistent with this Agreement into compliance with the recommendations of the arbitral tribunal.
5. In considering what concessions or benefits to suspend:
(a) the complaining Party should first seek to suspend concessions or benefits in the same sector or sectors as those affected by the measure or other matter that the arbitral tribunal has found to be inconsistent with this Agreement or to have caused nullification or impairment; and
(b) the complaining Party may suspend concessions or benefits in other sectors if it considers that it is not practicable or effective to suspend concessions or benefits in the same sector or sectors.
6. The suspension of concessions or benefits shall be temporary and shall only be applied until such time as the measure found to be inconsistent with this Agreement has been removed, or the Party that must implement the arbitral tribunal's recommendations has done so, or a mutually satisfactory solution is reached.