Hiệp định TPP - Chương 28: Giải quyết tranh chấp

CHAPTER 28

DISPUTE SETTLEMENT Section A: Dispute Settlement

Article 28.1:  Definitions

For the purposes of this Chapter:

complaining Party means a Party that requests the establishment of a panel under

Article 28.7.1 (Establishment of a Panel);

consulting Party means a Party that requests consultations under Article 28.5.1 (Consultations) or the Party to which the request for consultations is made;

disputing Party means a complaining Party or a responding Party;

panel means a panel established under Article 28.7 (Establishment of a Panel);

perishable goods means perishable agricultural and fish goods classified in HS Chapters 1 through 24;

responding Party means a Party that has been complained against under Article

28.7 (Establishment of a Panel);

Rules of Procedure means the rules referred to in Article 28.13 (Rules of Procedure for Panels) and established in accordance with Article 27.2.1(f) (Functions of the Commission); and

third Party means a Party, other than a disputing Party, that delivers a written notice in accordance with Article 28.14 (Third Party Participation).

Article 28.2:  Cooperation

The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation or application.

Article 28.3:  Scope

1.         Unless  otherwise  provided  in  this  Agreement,  the  dispute  settlement provisions of this Chapter shall apply:

 (a)       with respect to the avoidance or settlement of all disputes between the Parties regarding the interpretation or application of this Agreement;

 (b)       when  a  Party considers  that  an  actual  or  proposed  measure  of another Party is or would be inconsistent with an obligation of this Agreement or that another Party has otherwise failed to carry out an obligation under this Agreement; or

 (c)       when a Party considers that a benefit it could reasonably have expected to accrue to it under Chapter 2 (National Treatment and Market Access for Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Textile and Apparel Goods), Chapter 5 (Customs Administration and Trade Facilitation), Chapter 8 (Technical Barriers to Trade), Chapter 10 (Cross-Border Trade in Services) or Chapter 15 (Government Procurement), is being nullified or impaired as a result of the application of a measure of another Party that is not inconsistent with this Agreement.

2.         No later than six months after the effective date that Members of the WTO have the right to initiate non-violation nullification or impairment complaints under Article 64 of the TRIPS Agreement, the Parties shall consider whether to amend paragraph 1(c) to include Chapter 18 (Intellectual Property).

3.         An instrument entered into by two or more Parties in connection with the conclusion of this Agreement:

 (a)       does not constitute an instrument related to this Agreement within the meaning of paragraph 2(b) of Article 31 of the Vienna Convention on the Law of Treaties, done at Vienna on May 23,

1969  and  shall  not  affect  the  rights  and  obligations  under  this

Agreement of Parties which are not party to the instrument; and

 (b)       may be subject  to  the dispute settlement  procedures  under this Chapter for any matter arising under the instrument if that instrument so provides.

Article 28.4:  Choice of Forum

1.         If a dispute regarding any matter arises under this Agreement and under another international trade agreement to which the disputing Parties are party,

including the WTO Agreement, the complaining Party may select the forum in which to settle the dispute.

2.         Once a complaining Party has requested the establishment of, or referred a matter to, a panel or other tribunal under an agreement referred to in paragraph 1, the forum selected shall be used to the exclusion of other fora.

Article 28.5:  Consultations

1.         Any Party may request consultations with any other Party with respect to any matter described in Article 28.3 (Scope).  The Party making the request for consultations shall do so in writing, and shall set out the reasons for the request, including identification of the actual or proposed measure1 or other matter at issue and an indication of the legal basis for the complaint.  The requesting Party shall

circulate the request concurrently to the other Parties through the overall contact points designated under Article 27.5.1 (Contact Points).

2.         The Party to which a request for consultations is made shall, unless the consulting Parties agree otherwise, reply in writing to the request no later than seven days after the date of its receipt of the request.2   That Party shall circulate its reply concurrently to the other Parties through the overall contact points and enter into consultations in good faith.

3.         A Party other than a consulting Party that considers it has a substantial interest in the matter may participate in the consultations by notifying the other Parties in writing no later than seven days after the date of circulation of the request for consultations.  The Party shall include in its notice an explanation of its substantial interest in the matter.

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