Dispute Settlement  
     
 

A Party may request in writing consultations with the other Party on any matter affecting the implementation, interpretation or application of the KSFTA or whenever a party considers that any measure or any other matter that is inconsistent with the obligations of this Agreement. This could have led to nullification or impairment of any benefit accruing to it directly or indirectly under the following chapters:

(a) Chapter 3 (National Treatment and Market Access for Goods),
(b) Chapter 4 (Rules of Origin), and
(c) Chapter 9 (Cross Border Trade in Services).

If a request for consultation is made, the Party to which the request is made shall reply to the request within 10 days after the date of its receipt and shall enter into consultations within a period of no more than 20 days after the date of receipt of the request, with a view to reaching a mutually satisfactory solution.

The Parties shall make every effort to reach a mutually satisfactory resolution of any matter through consultations. To this end, the Parties shall provide sufficient information to enable a full examination of how the measure might affect the operation of the Agreement.

The Parties may at any time agree to conciliation or mediation. They may begin at any time and be terminated by either Party at any time. A Party may request in writing for the establishment of an arbitral panel if the matter has not been resolved. The arbitral panel shall present a final report to the Parties, within 30 days of presentation of the initial report, unless the Parties otherwise agree.

Upon receiving the final report of an arbitral panel, the Parties shall agree on the means to resolve the dispute, which normally shall conform with the recommendations, if any, and the reasonable period of time which is necessary in order to implement the means to resolve the dispute.