Common use of Implementation of the Final Report Clause in Contracts

Implementation of the Final Report. 1. If, in its final report, the arbitration panel determines that the Party complained against has not conformed to its obligations under the relevant provisions of this Agreement or that a Party’s measure is causing nullification or impairment in the sense of Article 20.2.1(c), unless the Parties otherwise agree, the Party complained against shall eliminate the non-conformity or the nullification or impairment immediately, or if this is not practicable, within a reasonable period of time. 2. The reasonable period of time referred to in paragraph 1 shall be mutually agreed by the Parties. Where the Parties fail to agree on the reasonable period of time within 45 days of the date of the issuance of the final report of the arbitration panel, either Party may refer the matter to the original arbitration panel, which shall determine the reasonable period of time. 3. The Party complained against shall notify to the complaining Party of the implementing measures that it has taken to comply with the determinations of the arbitration panel before the expiry of the reasonable period of time agreed by the Parties or determined by the original arbitration panel in accordance with paragraph 2. Where there is disagreement between the Parties as to whether the Party complained against has eliminated the non- conformity or the nullification, or impairment within the reasonable period of time as determined pursuant to paragraph 2, either Party may refer the matter to the original arbitration panel. 4. The arbitration panel that is established for purposes of this Article shall, wherever possible, have, as its arbitrators, the arbitrators of the original arbitration panel. If this is not possible, then the arbitrators of the arbitration panel that is established for purposes of this Article shall be appointed pursuant to Article 20. 9. The arbitration panel shall issue its report to the Parties within 20 days on the reasonable period of time and 45 days on the other issues after the date when the matter is referred to it. When the arbitration panel considers that it cannot issue its report within the aforementioned periods, the relevant period may be extended by the arbitration panel for a maximum of 30 days with the consent of the Parties. The report shall be binding on the Parties.

Implementation of the Final Report. 1. IfThe findings, in its rulings and recommendations of the panel shall be final report, and binding on the arbitration Parties to the dispute. The Responding Party shall: (a) if the panel determines makes a ruling that the measure at issue is not in conformity with the obligations of this Agreement, bring the measure into conformity; or (b) if the panel makes a ruling that the Responding Party complained against has not conformed otherwise failed to carry out its obligations under this Agreement, carry out those obligations 2. Within 30 days of the relevant provisions date of this Agreement or that a Partythe presentation of the panel’s measure is causing nullification or impairment final report to (a) of its intentions with respect to implementation, including an indication of possible actions it may take to comply with the obligation in paragraph 1; (b) whether such implementation can take place immediately; and (c) if such implementation cannot take place immediately, of the reasonable period of time the Responding Party would need to implement the findings and recommendations contained in the sense of Article 20.2.1(c)final report. 3. If the Responding Party makes a notification under paragraph 2 (c) that it is impracticable for it to comply immediately with the obligation in paragraph 1, unless the Parties otherwise agree, the Party complained against it shall eliminate the non-conformity or the nullification or impairment immediately, or if this is not practicable, within have a reasonable period of timetime to comply with that obligation. 24. The If a reasonable period of time referred to in paragraph 1 shall is required, it shall, whenever possible, be mutually agreed by the PartiesParties to the dispute. Where the Parties fail to the dispute are unable to agree on the reasonable period of time within 45 days of after the date of the issuance presentation of the panel’s final report to the Parties to the dispute, any Party to the dispute may request that the chair of the arbitration panel, either Party may refer the matter to the original arbitration panel, which shall panel determine the reasonable period of time, by means of a notice addressed to the chair and the other party to the dispute. Unless the Parties to the dispute otherwise agree, a request to determine the reasonable period of time shall be made no later than 60 days from the date of the presentation of the panel’s final report to the Parties to the dispute. 35. The Party complained against Where a request is made pursuant to paragraph 4, the chair of the panel shall notify present the Parties to the complaining Party of the implementing measures that it has taken to comply dispute with the determinations of the arbitration panel before the expiry a report containing a determination of the reasonable period of time agreed and the reasons for such determination within 45 days after the date of receipt by the Parties or determined by chair of the original arbitration panel in accordance with paragraph 2the request. 6. Where there is disagreement between the Parties as to whether the Party complained against has eliminated the non- conformity or the nullificationAs a guideline, or impairment within the reasonable period of time as determined pursuant to paragraph 2, either Party may refer by the matter to the original arbitration panel. 4. The arbitration panel that is established for purposes of this Article shall, wherever possible, have, as its arbitrators, the arbitrators chair of the original arbitration panel. If this is panel should not possible, then exceed 15 months from the arbitrators date of the arbitration panel that is established for purposes presentation of this Article shall be appointed pursuant to Article 20. 9. The arbitration panel shall issue its the panel’s final report to the Parties within 20 days on to the dispute. However, such reasonable period of time and 45 days on the other issues after the date when the matter is referred to it. When the arbitration panel considers that it cannot issue its report within the aforementioned periods, the relevant period may be extended by shorter or longer, depending upon the arbitration panel for a maximum of 30 days with the consent of the Parties. The report shall be binding on the Partiesparticular circumstances.

Implementation of the Final Report. 1. IfThe findings, in its rulings and recommendations of the panel shall be final report, and binding on the arbitration Parties to the dispute. The Responding Party shall: (a) if the panel determines makes a ruling that the measure at issue is not in conformity with the obligations of this Agreement, bring the measure into conformity; or (b) if the panel makes a ruling that the Responding Party complained against has not conformed otherwise failed to carry out its obligations under this Agreement, carry out those obligations 2. Within 30 days of the relevant provisions date of this Agreement or that a the presentation of the panel’s final report to the Parties to the dispute, the Responding Party shall notify the Complaining Party’s measure is causing nullification or impairment : (a) of its intentions with respect to implementation, including an indication of possible actions it may take to comply with the obligation in paragraph 1; (b) whether such implementation can take place immediately; and (c) if such implementation cannot take place immediately, of the reasonable period of time the Responding Party would need to implement the findings and recommendations contained in the sense of Article 20.2.1(c)final report. 3. If the Responding Party makes a notification under paragraph 2 (c) that it is impracticable for it to comply immediately with the obligation in paragraph 1, unless the Parties otherwise agree, the Party complained against it shall eliminate the non-conformity or the nullification or impairment immediately, or if this is not practicable, within have a reasonable period of timetime to comply with that obligation. 24. The If a reasonable period of time referred to in paragraph 1 shall is required, it shall, whenever possible, be mutually agreed by the PartiesParties to the dispute. Where the Parties fail to the dispute are unable to agree on the reasonable period of time within 45 days of after the date of the issuance presentation of the panel’s final report to the Parties to the dispute, any Party to the dispute may request that the chair of the arbitration panel, either Party may refer the matter to the original arbitration panel, which shall panel determine the reasonable period of time, by means of a notice addressed to the chair and the other party to the dispute. Unless the Parties to the dispute otherwise agree, a request to determine the reasonable period of time shall be made no later than 60 days from the date of the presentation of the panel’s final report to the Parties to the dispute. 35. The Party complained against Where a request is made pursuant to paragraph 4, the chair of the panel shall notify present the Parties to the complaining Party of the implementing measures that it has taken to comply dispute with the determinations of the arbitration panel before the expiry a report containing a determination of the reasonable period of time agreed and the reasons for such determination within 45 days after the date of receipt by the Parties or determined by chair of the original arbitration panel in accordance with paragraph 2the request. 6. Where there is disagreement between the Parties as to whether the Party complained against has eliminated the non- conformity or the nullificationAs a guideline, or impairment within the reasonable period of time as determined pursuant to paragraph 2, either Party may refer by the matter to the original arbitration panel. 4. The arbitration panel that is established for purposes of this Article shall, wherever possible, have, as its arbitrators, the arbitrators chair of the original arbitration panel. If this is panel should not possible, then exceed 15 months from the arbitrators date of the arbitration panel that is established for purposes presentation of this Article shall be appointed pursuant to Article 20. 9. The arbitration panel shall issue its the panel’s final report to the Parties within 20 days on to the dispute. However, such reasonable period of time and 45 days on the other issues after the date when the matter is referred to it. When the arbitration panel considers that it cannot issue its report within the aforementioned periods, the relevant period may be extended by shorter or longer, depending upon the arbitration panel for a maximum of 30 days with the consent of the Parties. The report shall be binding on the Partiesparticular circumstances.

Implementation of the Final Report. 1. IfThe findings, in its rulings and recommendations of the panel shall be final report, and binding on the arbitration Parties to the dispute. The Responding Party shall: (a) if the panel determines makes a ruling that the measure at issue is not in conformity with the obligations of this Agreement, bring the measure into conformity; or (b) if the panel makes a ruling that the Responding Party complained against has not conformed otherwise failed to carry out its obligations under this Agreement, carry out those obligations 2. Within 30 days of the relevant provisions date of this Agreement or that a the presentation of the panel's final report to the Parties to the dispute, the Responding Party shall notify the Complaining Party’s measure is causing nullification or impairment : (a) of its intentions with respect to implementation, including an indication of possible actions it may take to comply with the obligation in paragraph 1; (b) â whether such implementation can take place immediately; and (c) â if such implementation cannot take place immediately, of the reasonable period of time the Responding Party would need to implement the findings and recommendations contained in the sense of Article 20.2.1(c)final report. 3. If the Responding Party makes a notification under paragraph 2 (c) that it is impracticable for it to comply immediately with the obligation in paragraph 1, unless the Parties otherwise agree, the Party complained against it shall eliminate the non-conformity or the nullification or impairment immediately, or if this is not practicable, within have a reasonable period of time.time to comply with that obligation. Page 77 of 409 24. The If a reasonable period of time referred to in paragraph 1 shall is required, it shall, whenever possible, be mutually agreed by the PartiesParties to the dispute. Where the Parties fail to the dispute are unable to agree on the reasonable period of time within 45 days of after the date of the issuance presentation of the panel's final report to the Parties to the dispute, any Party to the dispute may request that the chair of the arbitration panel, either Party may refer the matter to the original arbitration panel, which shall panel determine the reasonable period of time, by means of a notice addressed to the chair and the other party to the dispute. Unless the Parties to the dispute otherwise agree, a request to determine the reasonable period of time shall be made no later than 60 days from the date of the presentation of the panel's final report to the Parties to the dispute. 35. The Party complained against Where a request is made pursuant to paragraph 4, the chair of the panel shall notify present the Parties to the complaining Party of the implementing measures that it has taken to comply dispute with the determinations of the arbitration panel before the expiry a report containing a determination of the reasonable period of time agreed and the reasons for such determination within 45 days after the date of receipt by the Parties or determined by chair of the original arbitration panel in accordance with paragraph 2the request. 6. Where there is disagreement between the Parties as to whether the Party complained against has eliminated the non- conformity or the nullificationAs a guideline, or impairment within the reasonable period of time as determined pursuant to paragraph 2, either Party may refer by the matter to the original arbitration panel. 4. The arbitration panel that is established for purposes of this Article shall, wherever possible, have, as its arbitrators, the arbitrators chair of the original arbitration panel. If this is panel should not possible, then exceed 15 months from the arbitrators date of the arbitration panel that is established for purposes presentation of this Article shall be appointed pursuant to Article 20. 9. The arbitration panel shall issue its the panel's final report to the Parties within 20 days on to the dispute. However, such reasonable period of time and 45 days on the other issues after the date when the matter is referred to it. When the arbitration panel considers that it cannot issue its report within the aforementioned periods, the relevant period may be extended by shorter or longer, depending upon the arbitration panel for a maximum of 30 days with the consent of the Parties. The report shall be binding on the Partiesparticular circumstances.