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(ii) restitution of property, in which case the award shall provide that the disputing Party may pay monetary damages and any applicable interest in lieu of restitution. 24. The award rendered in accordance with paragraph 23 shall be final and binding upon the disputing parties. The disputing Party shall execute without delay any such award and provide in the disputing Party for the enforcement of such award in accordance with its relevant laws and regulations. Costs 25. Costs may also be awarded in accordance with the applicable arbitration rules. 26. Neither Party shall, in respect of a dispute which one of its investors shall have submitted to arbitration in accordance with paragraph 8, give diplomatic protection, or bring an international claim before another forum, unless the other party shall have failed to abide by and comply with the award in such dispute. Diplomatic protection, for the purposes of this paragraph, shall not include informal diplomatic exchanges for the sole purpose of facilitating a settlement of the dispute. Article 10.15 Other Obligations If the legislation of either Party or international obligations existing at present or established hereafter <strong>between</strong> the Parties in addition to this Agreement, result in a position entitling investments by investors of the other Party to treatment more favourable than is provided for by this Agreement, such position shall not be affected by this Agreement. Article 10.16 Duration and Termination In the event that this Agreement is terminated, the provisions of this Chapter, the provisions in Chapter 14 (Dispute Settlement), and other provisions in the Agreement necessary for or consequential to the application of this Chapter, except Articles 10.4 (National Treatment), and 10.12 (Reservations), shall continue in effect with respect to investments made or acquired before the date of termination of this Agreement for a further period of ten years after the date of termination and without prejudice to the application thereafter of the rules of general international law. Article 10.17 Work Programme 1. The Parties shall enter into negotiations on Schedules of Reservations in Annexes 10-2 and 10-3 within three months of entry into force of this Agreement, unless the Parties otherwise agree. 2. The Parties shall conclude the negotiations referred to in paragraph 1, no later than six months from the date of entry into force of this Agreement, unless the 79
Parties otherwise agree. These discussions shall be overseen by the Sub- Committee on Investment established under Article 15.2 (Sub-Committees). 3. Schedules of Reservations referred to in paragraph 1 shall enter into force by exchange of notes on a date agreed to by the Parties. 4. Articles 10.4 (National Treatment) and 10.12 (Reservations) shall not apply until the Parties’ Schedules of Reservations have entered into force in accordance with paragraph 3. Article 10.18 Implementation The Sub-Committee on Investment established under Article 15.2 (Sub- Committees) shall consider matters relating to the implementation of this Chapter. Article 10.19 Access to Courts of Justice Each Party shall within its territory accord to investors of the other Party treatment no less favourable than the treatment, which it accords in like circumstances to its own investors, with respect to access to its courts of justice and administrative tribunals and agencies in all degrees of jurisdiction both in pursuit and in defence of such investors’ rights. Article 10.20 Measures in Public Interest Nothing in this Chapter shall be construed to prevent: (a) a Party or its regulatory bodies from adopting, maintaining or enforcing any measure, on a non-discriminatory basis; or (b) the judicial bodies of a Party from taking any measures, consistent with this Chapter that is in the public interest, including measures to meet health, safety or environmental concerns. 80
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COMPREHENSIVE ECONOMIC COOPERATION
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List of Annexes Annex 2-1 Schedules
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CHAPTER 1 INITIAL PROVISIONS AND GE
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(CC) any area extending beyond the
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Article 2.7 Administrative Fees and
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For the purposes of this Chapter: C
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(g) goods of sea-fishing and other
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(b) for goods falling within Chapte
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(iii) the goods have not undergone
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CHAPTER 4 CUSTOMS COOPERATION Artic
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(b) provide for advance electronic
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(a) whether goods imported into the
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For the purposes of this Section: C
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9. On the termination of a bilatera
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5. A Party proposing to apply or ex
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Page 35 and 36: areas are, and are likely to remain
Page 37 and 38: (b) in the event that the checks re
Page 39 and 40: Article 6.16 Exchange of Informatio
Page 41 and 42: (a) technical specifications prepar
Page 43 and 44: 2. The Parties shall cooperate with
Page 45 and 46: 3. The Parties shall seek to ensure
Page 47 and 48: the other Party, a Party may consul
Page 49 and 50: technical consultations within thir
Page 51 and 52: 5. New services shall be considered
Page 53 and 54: (i) is a citizen of that other Part
Page 55 and 56: numerical units in the form of quot
Page 57 and 58: Article 8.8 Review The Parties shal
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Page 61 and 62: consultations with that Party on su
Page 63 and 64: CHAPTER 9 MOVEMENT OF NATURAL PERSO
Page 65 and 66: (ii) a goods seller, being a natura
Page 67 and 68: (ii) is employed by a juridical per
Page 69 and 70: 4. Each Party shall maintain or ins
Page 71 and 72: (b) enterprise of a Party means any
Page 73 and 74: Article 10.5 Minimum Standard of Tr
Page 75 and 76: (f) payments arising out of the set
Page 77 and 78: Article 10.12 Reservations 1. Artic
Page 79 and 80: Treatment), Article 10.6 (Compensat
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Page 85 and 86: (e) Tourism; (f) Small and Medium E
Page 87 and 88: CHAPTER 12 GENERAL EXCEPTIONS Artic
Page 89 and 90: of restrictions to ensure, inter al
Page 91 and 92: (b) such persons are afforded a rea
Page 93 and 94: CHAPTER 14 DISPUTE SETTLEMENT Artic
Page 95 and 96: 2. If the Parties agree, good offic
Page 97 and 98: Article 14.10 Proceedings of Arbitr
Page 99 and 100: Article 14.13 Time Frame All time f
Page 101 and 102: (b) the complaining Party may suspe
Page 103 and 104: (f) consult third parties on any ma
Page 105 and 106: (f) develop conditions and provisio
Page 107 and 108: 2. Each Party shall provide to the
Page 109 and 110: Article 16.6 Confidentiality Where
Page 111 and 112: Annex 2-1 Schedules of Tariff Commi
Page 113 and 114: (i) Category 1: reduction of applie
Page 115 and 116: 3. For tariff lines subject to spec
Page 117 and 118: Schedule of Tariff Commitments Mala
Page 119 and 120: “RVC(XX)” means that the good m
Page 121 and 122: Column 1 Column 2 Column 3 Column 4
Page 123 and 124: (CC) factory security (DD) insuranc
Page 125 and 126: (c) the other statements of the CO
Page 127 and 128: (b) For multiple goods declared und
Page 129 and 130: (v) the Issuing Authority receiving
Page 131 and 132: (ii) the exporter has sold the good
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OVERLEAF NOTES Original /Duplicate
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Annex 6-1 (List of Products for Req
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Annex 7-2 Mutual Recognition Agreem
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Modes of supply: 1) Cross-border su
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- the capability of implementing in
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Annex 8-1 Schedule of Malaysia Expl
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(d) cost-oriented rates means based
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3. Access to and Use of Public Tele
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4.3 Each Party shall endeavour to e
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(b) Options for Interconnecting wit
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links and submarine cable capacity
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services, unless the requirement is
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Business Visitors ANNEX 9-1 (a) Mal
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(ii) documentation demonstrating th
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Annex 12-1 Security Exceptions The
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