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ARTICLES

LEGAL RESOURSES

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    • Article 1135: Final Award

    1. Where a Tribunal makes a final award against a Party, the Tribunal may award, separately or in combination, only:

  • Monetary damages and any applicable interest;

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  • 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.

    • A tribunal may also award costs in accordance with the applicable arbitration rules.

    2. Subject to paragraph 1, where a claim is made under Article 1117(1) (TLCAN: Art. 1117):

  • An award of restitution of property shall provide that restitution be made to the enterprise;

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  • An award of monetary damages and any applicable interest shall provide that the sum be paid to the enterprise; and

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  • The award shall provide that it is made without prejudice to any right that any person may have in the relief under applicable domestic law.

    • 3. A Tribunal may not order a Party to pay punitive damages.