disputing State Parties. In any case, the period shall not exceed 6
months from the date of adoption of the panel report.
2.
The provisions of paragraph 1 and Article 21 shall apply mutatis
mutandis to decisions taken by the Tribunal pursuant to Article 17.
ARTICLE 20
Compensation and Suspension of Concessions
1.
Compensation and the suspension of concessions or other obligations
are temporary measures available in the event that the
recommendations of the panel, as adopted, or the decisions of the
tribunal in terms of Article 17, as the case may be are not implemented
within a reasonable period of time determined in accordance with Article
19. Full implementation of the panel recommendations or the decisions
of the Tribunal in terms of Article 17, as the case may be, to bring a
measure into conformity with this Protocol shall always be preferred.
2.
If the State Party complained against fails to bring the measure found to
be inconsistent with this Protocol into compliance within the reasonable
period of time determined in accordance with Article 19, it shall enter
into negotiations with the complaining State Party with a view to
developing a mutually satisfactory solution. If no satisfactory solution
has been agreed within 20 days after the expiry of the reasonable
period of time determined in accordance with Article 19, the complaining
State Party may request authorization from the CMT, through the
Registrar of the Tribunal, to suspend concessions or other obligations of
equivalent effect to the level of the nullification or impairment.
3.
Unless the CMT decides by consensus otherwise within 20 days from
the date of receipt of the request for authorization to suspend
concessions or obligations, such authorization shall be granted.
4.
In considering what benefits to suspend, a complaining State Party shall
first seek to suspend benefits in the same sector or sectors as that
affected by the measure or other matter that the panel has found to be
inconsistent with the obligations of this Protocol. A complaining State
Party that considers it is not practicable or effective to suspend benefits
in the same sector or sectors may suspend benefits in other sectors.
5.
If the State Party complained against objects to the level of suspension
proposed, the matter shall as far as possible be referred for arbitration
to the orig.inal panel. Should the original panel not be available, the
Executive Secretary of the SADC shall appoint a panellist. The original
panel or panellist, as the case may be, shall be appointed within 10
days from the date of receipt of the request for arbitration. The
arbitration shall be completed within 30 days after ·the date of
appointment of the original panel or panellist, as the case may be.
Concessions or other obligations may not be suspended during the
course of arbitration.
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