Energy Charter Treaty

83 Energy Charter Treaty direct that a higher proportion of the costs be paid by one of the Contracting Parties parties to the dispute; (k) Unless the Contracting Parties parties to the dispute agree otherwise, the tribunal shall sit in The Hague, and use the premises and facilities of the Permanent Court of Arbitration; (l) A copy of the award shall be deposited with the Secretariat which shall make it generally available. Article 28: Non-Application of Article 27 to Certain Disputes A dispute between Contracting Parties with respect to the application or interpretation of Article 5 or 29 shall not be settled under Article 27 unless the Contracting Parties parties to the dispute so agree. Part VI: Transitional Provisions Article 29: Interim Provisions on Trade-Related Matters 76 [CHAIRMAN’S CONCLUSION ON THE IMPLEMENTATION OF TRADE-RELATED RULES: The Chairman concluded with respect to the future implementation of trade-related rules that there was a consensus among delegations that the Secretariat was to be invited to develop the elements for one implementation system based on the regime in the Trade Amendment. In particular, where the Trade Amendment foresees notification requirements and procedures, including with regard to Understanding 2 to the Amendment, 77 they would follow WTO practice, provided that duplication of notifications with the WTO did not occur. ... 78 Finally, whenever necessary to maintain the principle of harmonious implementation of trade-related rules based on WTO practice, appropriate rules of procedure should include the elements necessary to achieve that aim.] 79 76 As amended by Art. 1 of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty. 77 Referring to Article 29(7). 78 Referring to Annex D. 79 Editor’s note: Document CS (98) 338 CC 124, point 13, of 24 May 1998 (not published). The Conclusion was drawn by the Chairman to the first Energy Charter Conference on 24 April 1998. The Conference agreed without objection to this conclusion.

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