Common use of Implementation of Final Report Clause in Contracts

Implementation of Final Report. 1. The final report of an arbitral panel shall be binding on the Parties and shall not be subject to appeal. The Party concerned shall implement the decision contained in the final report of the arbitral panel in the manner and within the time-frame that it recommends, unless the Parties decide otherwise. 2. If, at any time up to thirty (30) days prior to the deadline for implementation determined under paragraph 1, the Party concerned considers that it will require further time to comply with the final report of the arbitral panel, it may inform the complaining Party of the extra period that it requires, and simultaneously shall enter into negotiations with a view to developing a mutually acceptable compensation for this additional period until it comes into compliance with the final report. The Parties may agree to extend the deadline for implementation determined under paragraph 1, any time within twenty (20) days prior to the expiry of the deadline for implementation determined previously. 3. Notwithstanding paragraph 2, where the final report of the arbitral panel states that a measure is not in compliance with this Agreement, the responding Party shall bring its measure in conformity with the provisions of the Agreement. 4. Where there is disagreement as to the existence or consistency with this Agreement of measures taken within the reasonable period of time to comply with the decision of the arbitral panel, such dispute shall be decided through recourse to the dispute settlement procedures in this Annex, including wherever possible by resorting to the original arbitral panel. 5. The arbitral panel shall provide its report to the Parties within 60 days after the date of the referral of the matter to it. When the arbitral panel considers that it cannot provide its report within this timeframe, it shall inform the Parties in writing of the reasons for such delay together with an estimate of the period within which it will submit its report. Any delay shall not exceed a further period of 30 days unless the Parties otherwise agree.

Implementation of Final Report. 1. The On receipt of the final report of an arbitral panel, the Parties shall agree on the resolution of the dispute. 2. If in its final report the arbitral panel concludes that a Party has not conformed with its obligations under this Agreement, the resolu- tion, whenever possible, shall be binding on to eliminate the non-conformity. 3. Unless the Parties and shall not be subject to appeal. The Party concerned decide otherwise, they shall implement the decision recommendations contained in the final report of the arbitral panel in within a reasonable period of time if it is not practicable to comply immediately. 4. The reasonable period of time shall be mutually determined by the manner and within the time-frame that it recommendsParties, unless or where the Parties decide otherwise. 2. If, at any fail to agree on the reasonable period of time up to thirty (30) within 45 days prior to of the deadline for implementation determined under paragraph 1, the Party concerned considers that it will require further time to comply with the final report release of the arbitral panel’s report, it may inform either Party may, to the complaining Party extent possible, refer the matter to the original arbitral panel, which shall determine the reasonable period of the extra period that it requires, and simultaneously shall enter into negotiations with a view to developing a mutually acceptable compensation for this additional period until it comes into compliance time following consultation with the final report. The Parties may agree to extend the deadline for implementation determined under paragraph 1, any time within twenty (20) days prior to the expiry of the deadline for implementation determined previouslyParties. 3. Notwithstanding paragraph 2, where the final report of the arbitral panel states that a measure is not in compliance with this Agreement, the responding Party shall bring its measure in conformity with the provisions of the Agreement. 45. Where there is disagreement as to the existence or consistency consis- tency with this Agreement of measures taken within the reasonable reason- able period of time to comply with the decision recommendations of the arbitral panel, such dispute shall be decided through recourse referred to the dispute settlement procedures in this Annexan arbitral panel proceeding, including wherever possible by resorting resort to the original arbitral panel. 56. The arbitral panel shall provide its report to the Parties within 60 days after the date of the referral of the matter to it. When the arbitral panel considers that it cannot provide its report within this timeframe, it shall inform the Parties in writing of the reasons for such the delay together with an estimate of the period within which it will submit its report. Any delay shall not exceed a further period of 30 days unless the Parties otherwise agree.