Common use of Implementation of the Final Report and Compensation Clause in Contracts

Implementation of the Final Report and Compensation. 1. The rulings of the panel on the matters referred to in subparagraphs 3 (a) and (d) of Article 12.13 (Report of the Panel) shall be final and binding for the disputing Parties. 2. The Party complained against shall within 30 days following the issuance of the final report notify the other Party when and how it will comply with the ruling. The Party complained against shall comply with the ruling immediately or, if impracticable, within a reasonable period of time, unless the panel report sets a period of time for the implementation of the ruling pursuant to subparagraph 3 (d) of Article 12.13 (Report of the Panel) or the disputing Parties agree on a different period of time. The Party complained against shall take into account any recommendation of the panel for the resolution of the dispute and the implementation of the ruling. 3. The Party complained against may also notify the complaining Party within 30 days following the issuance of the final report that it considers it impracticable to comply with the ruling and offer compensation. If the complaining Party considers the proposed compensation to be unacceptable or not sufficiently detailed to asses properly, it may request consultation with the aim of reaching an agreement on compensation. If there is no agreement on compensation within 30 days following the date of the receipt of the request, the Party complained against must comply with the ruling of the original panel pursuant to paragraph 2.