Dispute Settlement  
     
 

The consultation and dispute settlement shall not apply to disputes arising from sanitary and phytosanitary measures, electronic commerce, economic cooperation and competition. The Party requesting for consultation should provide reasons, including identification of the measures at issue and an indication of the legal basis for the complaint.

The Parties shall make every effort to reach a mutually satisfactory solution through consultations. The disputing Parties shall:

(a) Provide full information to enable full examination of the measures;
(b) Treat confidential or proprietary information on the same basis as the Party providing the information; and
(c) Make available consulting personnel who have the responsibility or expertise.

Proceedings involving good offices, conciliation and mediation by the Parties shall be confidential and without prejudice to the rights of any Parties.

The Complaining Party may request the establishment of an arbitral tribunal to consider the matter if the Responding Party does not enter into consultation or fail to resolve the dispute.

Where more than one Party requests the establishment of an arbitral tribunal related to the same matter, a single arbitral tribunal may be established to examine these complaints if all of the Parties to the disputes agree.

The arbitral tribunal shall consist of three arbitrators. An arbitral tribunal shall make an objective assessment of the matter before it, including an objective assessment of:

(a) the facts of the case;
(b) the applicability of the provisions of this Agreement; and
(c) whether the Responding Party has failed to carry out its obligations under this Agreement.

The arbitral tribunal shall provide its final report to all other Parties seven days after the report is presented to the Parties to the dispute.

Compensation and the suspension of concessions or other obligations are temporary measures available in the event that the Responding Party does not comply with its obligation. However, neither compensation nor the suspension of concessions or other obligations is preferred to compliance with the obligation. Compensation is voluntary and, if granted, shall be consistent with this Agreement.