Common use of Post Suspension Clause in Contracts

Post Suspension. 1. Without prejudice to the procedures provided for in Article 13.17 (Suspension of Concessions or Other Obligations), if the Party complained against considers that it has complied with the final report of the arbitral tribunal, it may notify the complaining Party in writing to request the termination of the suspension of concessions or other obligations. 2. If the complaining Party agrees, it shall reinstate any suspended concessions or other obligations pursuant to Article 13.17 (Suspension of Concessions or Other Obligations). If the complaining Party does not agree, it may refer the matter to the original arbitral tribunal within 60 days after receipt of such written notice. Otherwise, the complaining Party shall promptly stop the suspension of concessions or other obligations. 3. The arbitral tribunal shall issue its report within 60 days of the referral of the matter by the complaining Party pursuant to paragraph 1. If the arbitral tribunal finds that the Party complained against has eliminated the non-conformity, the complaining Party shall promptly cease the suspension of concessions or other obligations.

Post Suspension. 1. Without prejudice to the procedures provided for in Article 13.17 15.15 (Compensation and Suspension of Concessions or Other other Obligations), if the responding Party complained against considers that it has complied with eliminated the final report of non-conformity that the arbitral tribunaltribunal has found, it may notify provide written notice to the complaining Party in writing to request with a description of how the termination of the suspension of concessions or other obligations. 2non- conformity has been removed. If the complaining Party agrees, it shall reinstate any suspended concessions or other obligations pursuant to Article 13.17 (Suspension of Concessions or Other Obligations). If the complaining Party does not agreedisagrees, it may refer the matter to the original arbitral tribunal within 60 days after receipt of such a written notice. Otherwise, the complaining Party shall promptly stop the suspension of concessions or other obligations. 32. If the arbitral tribunal under paragraph 1 cannot be established with its original members, it shall be composed in accordance with the procedures set out in Article 15.7 (Composition of an Arbitral Tribunal). The arbitral tribunal shall issue its report within 60 days of after the referral of the matter by the complaining Party pursuant to paragraph 1. If the arbitral tribunal finds concludes that the responding Party complained against has eliminated the non-conformity, the complaining Party shall promptly cease stop the suspension of concessions or other obligations.