4. (i) as regards products, agreements listed as a whole in Annex 1A to the WTO Agreement and plurilateral trade agreements, in so far as the parties to the dispute concerned are parties to those agreements; 1. The Dispute Settlement Body shall establish a permanent Appellate Body. The Appellate Body decides on panel complaints. It is composed of seven people, three of whom are active in a case. Persons who are members of the Appellate Body sit alternately. This rotation is determined in the appellate body`s working procedures. 7. The arbitrator acting in accordance with subsection 6 (16) shall not consider the nature of the concessions or other obligations to be suspended, but shall determine whether the level of suspension is equivalent to the degree of cancellation or impairment. The arbitrator may also determine whether the proposed suspension of concessions or other obligations is permissible under the covered agreement. However, if the case submitted to arbitration contains an allegation that the principles and procedures referred to in paragraph 3 have not been followed, the arbitrator shall consider that request. If the arbitrator finds that these principles and procedures have not been complied with, the complaining party shall apply them in accordance with paragraph 3.
The parties accept the arbitrator`s decision as final and the parties concerned may not request a second arbitration. The dispute settlement body shall be informed without delay of the arbitrator`s decision and, upon request, shall grant permission to suspend concessions or other obligations if the request is consistent with the arbitrator`s decision, unless the dispute settlement body decides by mutual agreement to reject the request. (b) where it has been established that a measure nullifies or impairs the benefits of the covered agreement concerned or impedes the achievement of the objectives of the covered agreement in question without infringing them, there is no obligation to withdraw the measure. However, in such cases, the panel or appellate body shall recommend that the Member concerned make a mutually satisfactory adjustment; (g) For the purposes of this paragraph, “agreement” means: 3. The Secretariat shall provide interested members with specific training on such dispute settlement procedures and practices in order to better inform members` experts in this regard. As mentioned above, an MSA under RESPA can be legal if it is structured and consistently implemented as an agreement for the provision of actual marketing services and if payments under the MSA are proportional to the value of the services provided. 12 USC § 2607(c)(2); 12 CFR § 1024.14(g)(1)(iv) and (g)(2). Paragraph 8(b) of respA prohibits unearned fee agreements related to federal mortgages. Section 8(b) of the RESPA prohibits the disclosure and acceptance of any part, allocation or percentage of the fees charged or received for the real estate settlement services business, except in the case of services actually provided. 12 USC § 2607 (b).
7. If, within 20 days of the date of establishment of a panel, there is no agreement on the members of the panel, the Director-General, at the request of either party, in consultation with the Chair of the Dispute Settlement Body and the Chair of the relevant Council or Committee, shall determine the composition of the panel by appointing the panel members to be appointed by the Director-General in accordance with any special or additional rules or procedures relevant to the panel or additional to the General Assembly Panel. the best suited. the agreement or agreements at issue in the dispute, after consultation with the parties to the dispute. The Chairperson of the Dispute Settlement Body shall inform the members of the composition of the body so constituted no later than 10 days after receipt of such a request by the Chairperson. The function of panels shall be to assist the Dispute Settlement Body in carrying out its tasks under this Agreement and the covered agreements. Accordingly, a panel should make an objective assessment of the matter before it, including an objective assessment of the facts and of the applicability and conformity with the relevant covered agreements, and draw other conclusions to assist the dispute settlement body in making the recommendations or taking the decisions provided for in the covered agreements. The bodies should consult regularly with the parties to the dispute and give them ample opportunity to find a mutually satisfactory solution. (i) trade in the sector or under the agreement under which the panel or appellate body has established an infringement or other avoidance or effect and the significance of such trade to that Party; The applicability of this Agreement to plurilateral trade agreements shall be subject to the adoption of a decision of the Parties to each Agreement setting out the conditions for the application of the Arrangement to the individual Agreement, including any special or additional rules or procedures to be included in Annex 2 notified to the Dispute Settlement Body. .
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