Art. 50
(SAA Article 130)
In vigore dal 29 apr 2008
Article 50
(SAA Article 130)
1. When a dispute arises between the Parties concerning the interpretation or the implementation of this Agreement, any Party shall notify to the other Party and the Interim Committee a formal request that the matter in dispute be resolved.
Where a Party considers that a measure adopted by the other Party, or a failure of the other Party to act, constitutes a breach of its obligations under this Agreement, the formal request that the dispute be resolved shall give the reasons for this opinion and indicate, as the case may be, that the Party may adopt measures as provided for in Article 49, paragraph 4.
2. The Parties shall endeavour to resolve the dispute by entering into good faith consultations within the Interim Committee and other bodies as provided in paragraph 3, with the aim of reaching as soon as possible a mutually acceptable solution.
3. The Parties shall provide the Interim Committee with all relevant information required for a thorough examination of the situation.
As long as the dispute is not resolved, it shall be discussed at every meeting of the Interim Committee, unless the arbitration procedure as provided for in Protocol 6 has been initiated. A dispute shall be deemed to be resolved when the Interim Committee has taken a binding decision to settle the matter as provided for in Article 49, paragraph 3, or when it has declared that there is no dispute anymore.
Consultations on a dispute can also be held at any meeting of the Interim Committee or any other relevant committee or body set up on the basis of Article 45, as agreed between the Parties or at the request of any of the Parties. Consultations may also be held in writing.
All information disclosed during the consultations shall remain confidential.
4. For matters within the scope of application of Protocol 6, any Party may submit the matter in dispute for settlement through arbitration in accordance with that Protocol, when the Parties have failed to resolve the dispute within two months after the initiation of the dispute settlement procedure in accordance with paragraph 1.
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Proeli:dec:2010:36(1):oj#art-50