29.06.2013 Views

Interim Agreement with a View to an - Official Documents

Interim Agreement with a View to an - Official Documents

Interim Agreement with a View to an - Official Documents

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

as arbitra<strong>to</strong>rs. Each of the Parties shall select five individuals <strong>to</strong> serve as arbitra<strong>to</strong>rs.<br />

The two Parties shall also agree on five individuals who are not nationals of either<br />

Party <strong>an</strong>d who may be called upon <strong>to</strong> act as chairperson <strong>to</strong> the arbitration p<strong>an</strong>el.<br />

The EPA Committee shall ensure that a full list is always maintained.<br />

2. Arbitra<strong>to</strong>rs shall have specialised knowledge or experience of law <strong>an</strong>d<br />

international trade. They shall be independent, serve in their individual capacities<br />

<strong>an</strong>d not take instructions from <strong>an</strong>y org<strong>an</strong>isation or government or be affiliated <strong>with</strong><br />

the government of <strong>an</strong>y of the Parties, <strong>an</strong>d shall comply <strong>with</strong> the code of conduct<br />

adopted by the EPA Committee.<br />

3. The EPA Committee may draw up <strong>an</strong> additional list of 15 individuals <strong>with</strong><br />

sec<strong>to</strong>ral expertise in specific matters covered by the <strong>Agreement</strong>. Where recourse is<br />

made <strong>to</strong> the selection procedure under Article 71(2), the chairperson of the EPA<br />

Committee may use this type of sec<strong>to</strong>ral list <strong>with</strong> the agreement of both Parties.<br />

ARTICLE 86<br />

Relationship <strong>to</strong> WTO obligations<br />

1. Arbitration bodies set up under this <strong>Agreement</strong> shall not adjudicate disputes<br />

concerning each Party's rights <strong>an</strong>d obligations under the <strong>Agreement</strong> establishing<br />

the World Trade Org<strong>an</strong>isation (WTO).<br />

2. Recourse <strong>to</strong> the dispute settlement provisions of this <strong>Agreement</strong> shall be<br />

<strong>with</strong>out prejudice <strong>to</strong> <strong>an</strong>y action in the WTO framework, including dispute<br />

settlement action. However, where a Party or, as appropriate, the signa<strong>to</strong>ry Central<br />

Afric<strong>an</strong> States has/have instituted a dispute settlement proceeding <strong>with</strong> regard <strong>to</strong> a<br />

particular measure, either under Article 70(1) of this Title or under the WTO<br />

<strong>Agreement</strong>, it/they may not institute a dispute settlement proceeding <strong>with</strong> regard <strong>to</strong><br />

the same measure in the other forum until the first proceeding has ended. For the<br />

purposes of this paragraph, dispute settlement proceedings under the WTO<br />

<strong>Agreement</strong> shall be deemed <strong>to</strong> be initiated by the request of a Party or, as<br />

appropriate, of the signa<strong>to</strong>ry Central Afric<strong>an</strong> States for the establishment of a p<strong>an</strong>el<br />

under Article 6 of the Underst<strong>an</strong>ding on Rules <strong>an</strong>d Procedures Governing the<br />

Settlement of Disputes of the WTO.<br />

3. Nothing in this <strong>Agreement</strong> shall preclude a Party or, as appropriate, the<br />

signa<strong>to</strong>ry Central Afric<strong>an</strong> States from implementing the suspension of obligations<br />

authorised by the Dispute Settlement Body of the WTO.<br />

55

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!