Implementation of the Report. 1. The Panel report shall be final and binding on the disputing Parties.
2. If the report issued by the Panel determines that a Party has not conformed with its obligations under this Agreement, the Party complained against shall eliminate the non- conformity. 3. The Party complained against shall comply with the recommendation of the Panel promptly or, if not practicable, within a reasonable period of time. The Parties shall agree on reasonable period of time within 30 days of the notification of the report of the Panel. In any case, such reasonable period of time shall not exceed 300 calendar days after the release of the report.
Implementation of the Report. 1. The panel report shall be final and binding unless the Parties otherwise agree.
2. If the report determines that the measure is not conforming to the obligations under this Agreement, the Party complained against shall eliminate the non- conformity.
3. The Parties shall agree on the means to resolve the dispute and on a reasonable period of time to implement them, which normally shall conform to the recommendations of the panel, within 15 days following the receipt of the report of the panel. If the Parties fail to agree on the means to resolve the dispute, the Party complained against shall comply with the recommendations of the panel. If the Parties fail to agree on the reasonable period of time to implement the means, the Party complained against shall comply with the period established in the report.
Implementation of the Report. 1. Unless the Parties agree otherwise, the Party complained against shall eliminate the non-conformity as determined in the report of the arbitral panel immediately, or if this is not practicable, within a reasonable period of time.
2. The Parties shall continue to consult at all times on the possible development of a mutually satisfactory resolution.
3. The reasonable period of time referred to in paragraph 1 shall be mutually determined by the Parties. Where the Parties fail to agree on the reasonable period of time within forty five (45) days after the date of issuance of the report of the arbitral panel referred to in Article 14.12, either Party may refer the matter to an arbitral panel as provided for in Article 14.14.7, which shall determine the reasonable period of time.
4. Where there is disagreement between the Parties as to whether the Party complained against eliminated the non-conformity, as determined in the report of the arbitral panel, within the reasonable period of time as determined pursuant to paragraph 3, either Party may refer the matter to an arbitral panel as provided for in Article 14.14.7.
Implementation of the Report. 1. Unless the Parties agree otherwise, the Party complained against shall eliminate the non-conformity or the nullification or impairment in the sense of Article 21.1
Implementation of the Report. 1. Unless the Parties agree otherwise, the Party complained against shall eliminate the non-conformity as determined in the report of the arbitration panel, 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 determined by the Parties. Where the Parties fail to agree on the reasonable period of time within 45 days after the date of issuance of the report of the arbitration panel referred to in Article 46, either Party may refer the matter to an arbitration panel, which shall determine the reasonable period of time.
3. The Party complained against shall notify to the complaining Party the implementing measures adopted in order to put an end to the violation of its obligations under this Agreement, before the expiry of the reasonable period of time agreed by the Parties or determined in accordance with paragraph 2. Where there is disagreement between the Parties as to whether the Party complained against eliminated the non-conformity as determined in the report of the arbitration panel within the reasonable period of time as determined pursuant to paragraph 2, either Party may refer the matter to an arbitration panel as provided for in Article 48.
Implementation of the Report. 1. The responding Party shall promptly comply with the final report of an Arbitral Panel, or, if this is not practicable, within a reasonable period of time.
2. Unless the Parties agree otherwise, within 30 days after the date of receipt of the final report, the responding Party shall notify the complaining Party in writing of actions it proposes to take to implement the final report of the Arbitral Panel.
3. If the responding Party considers that prompt compliance with the final report of the Arbitral Panel is impracticable, the Parties shall immediately enter into consultations with a view to mutually determining a reasonable period of time to implement the final report.
4. Where the Parties fail to agree on the reasonable period of time within 45 days after the date of issuance of the final report of the Arbitral Panel, either Party may request in writing the original Arbitral Panel to determine such matter. Such request shall be notified to the other Party.
5. Unless the Parties agree otherwise, the Arbitral Panel shall issue its determination on the extent of the reasonable period of time for compliance to the Parties within 40 days after the date of the submission of the request.
6. In the event that any member of the original Arbitral Panel is no longer available, the procedures set out in Articles 13.5 (Establishment of an Arbitral Panel) and 13.7 (Composition of Arbitral Panels) shall apply.
7. The reasonable period of time may only be extended by mutual agreement of the Parties.
Implementation of the Report. 1. Unless the Parties agree otherwise, the Responding Party shall eliminate the non-conformity with this Agreement, as determined in the final report, immediately, or if this is not practicable, within a reasonable period of time.
2. If a reasonable period of time is required, it shall, whenever possible, be agreed between the Parties. If the Parties are unable to agree on the reasonable period of time within 45 days of the date of issuance of the final report to the Parties, either Party may request an arbitral panel as provided for in Article 12.16.7 to determine the reasonable period of time. Unless the Parties agree otherwise, such request shall be made no later than 120 days after the date of the issuance of the final report.
3. Any other detailed provision on this Article shall be provided for under the Rules of Procedure referred to in Article 12.17.
Implementation of the Report. 1. On receipt of the final report of the Panel, the Parties shall agree on the resolution of the dispute, which shall normally comply with the determinations and recommendations, ifany, ofthe Panel.
2. If the Panel determines that a Party has not conformed to its obligations under this Agreement, the resolution, whenever possible, shall be to eliminate the nonconformity, unless otherwise agreed by the Parties.
3. Nothing in this Article shall prevent the Parties from, at any time, agreeing to resolve the dispute ina manner that departs fromany findings, determinations or recommendations ofthe panel.
Implementation of the Report. 1. Unless the Parties otherwise agree, the Party complained against shall immediately eliminate the non-conformity as determined in the report of the panel, or if this is not practicable, within a reasonable period of time.
2. The Parties shall continue to consult at all times on the possible development of a mutually satisfactory resolution.
3. The reasonable period of time referred to in paragraph 1 shall be mutually determined by the Parties. Where the Parties fail to agree on the reasonable period of time within 45 days after the date of issuance of the report of the panel referred to in Article 12.10 (Report), either Party may refer the matter to a panel as provided for in paragraph 7 of Article 12.13 (Non- Implementation - Compensation and Suspension of Concessions or other Obligations), which shall determine the reasonable period of time. As a guideline, the reasonable period of time should not exceed 15 months following the date of issuance of the panel’s report.
4. Where there is disagreement between the Parties as to whether the Party complained against has eliminated the non-conformity as determined in the report of the panel within the reasonable period of time as determined pursuant to paragraph 3, either Party may refer the matter to a panel as provided for in paragraph 7 of Article 12.13 (Non-Implementation - Compensation and Suspension of Concessions or other Obligations).
Implementation of the Report. 1. Unless the Parties otherwise agree, the Party complained against shall immediately eliminate the non-conformity as determined in the report of the arbitral tribunal, or if this is not practicable, within a reasonable period of time.
2. The Parties shall continue to consult at all times on the possible development of a mutually satisfactory resolution. 3. The reasonable period of time referred to in paragraph 1 shall be mutually determined by the Parties. Where the Parties fail to agree on the reasonable period of time within forty five (45) days after the date of issuance of the report of the arbitral tribunal referred to in Article 12.10, either Party may refer the matter to an arbitral tribunal as provided for in Article 12.13(7), which shall determine the reasonable period of time.
