Common use of Implementation of the Final Report Clause in Contracts

Implementation of the Final Report. 1. The final report of an arbitral panel shall be binding on the parties to the dispute and shall not be subject to appeal. 2. If, in its final report, the arbitral panel determines that the party complained against has not conformed to its obligations under the relevant covered agreement, or that the party’s measure has caused nullification or impairment, the means to implement the recommendations shall be to eliminate the non-conformity, or the nullification or impairment. 3. The parties to the dispute, shall, within twenty (20) days upon presentation of the final report of an arbitral panel, agree on: (a) the means to implement the recommendations of the arbitral panel; and (b) the reasonable period of time which is necessary to implement the recommendations of the arbitral panel. 4. If the parties to the dispute fail to agree, a party to the dispute may refer the matter to the original arbitral panel. The party complained against shall, within fifteen (15) days after the date of referral of the matter to the arbitral panel, propose the means to implement the recommendations of the original arbitral panel. The arbitral panel shall determine the consistency of the means proposed by the party complained against with the recommendations and/or the reasonable period of time. The arbitral panel shall present its report to the parties to the dispute within thirty (30) days after the date of the referral of the matter to it. No measure can be taken under Article 15 without any determination by the arbitral panel under this paragraph. 5. Where there is disagreement as to the existence or consistency of measures taken with the recommendation of the arbitral panel within the reasonable period of time, such dispute shall be referred to the original arbitral panel. The arbitral panel shall present its report within thirty (30) days after the date of referral of the matter to it.

Implementation of the Final Report. 1. The final report of an arbitral panel shall be binding on the parties to the dispute and shall not be subject to appeal. 2. If, in its final report, the arbitral panel determines that the party complained against has not conformed to its obligations under the relevant covered agreement, or that the party’s measure has caused nullification or impairment, the means to implement the recommendations shall be to eliminate the non-non conformity, or the nullification or impairment. 3. The parties to the dispute, shall, within twenty (20) days upon presentation of the final report of an arbitral panel, agree on: (a) the means to implement the recommendations of the arbitral panel; and (b) the reasonable period of time which is necessary to implement the recommendations of the arbitral panel. 4. If the parties to the dispute fail to agree, a party to the dispute may refer the matter to the original arbitral panel. The party complained against shall, within fifteen (15) days after the date of referral of the matter to the arbitral panel, propose the means to implement the recommendations of the original arbitral panel. The arbitral panel shall determine the consistency of the means proposed by the party complained against with the recommendations and/or the reasonable period of time. The arbitral panel shall present its report to the parties to the dispute within thirty (30) days after the date of the referral of the matter to it. No measure can be taken under Article 15 without any determination by the arbitral panel under this paragraph. 5. Where there is disagreement as to the existence or consistency of measures taken with the recommendation of the arbitral panel within the reasonable period of time, such dispute shall be referred to the original arbitral panel. The arbitral panel shall present its report within thirty (30) days after the date of referral of the matter to it.