Implementation of the Final Report Clause Samples

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. Where the arbitral tribunal makes a finding that a measure is inconsistent with this Agreement, or that a Party has otherwise failed to carry out its obligations under this Agreement, the Party complained against shall bring the measure into conformity with this Agreement. 2. Within 30 days of the presentation of the final report of the arbitral tribunal to the Parties, the Party complained against shall inform the complaining Party of its intentions with respect to implementation of the findings of the arbitral tribunal. If it is impracticable to comply immediately with the findings, the Party complained against shall have a reasonable period of time in which to do so.

Implementation of the Final Report. 1. The determinations of the final report of the arbitration panel shall be final and binding on the Parties and shall not be subject to appeal. 2. 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, unless the Parties otherwise agree, the Party complained against shall eliminate the non- conformity immediately, or if this is not practicable, within a reasonable period of time. 3. The reasonable period of time referred to in paragraph 2 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 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. 4. The Party complained against shall notify to the complaining Party 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 3. Where there is disagreement between the Parties as to whether the Party complained against has eliminated the non- conformity as determined in the final report of the arbitration panel within the reasonable period of time as determined pursuant to paragraph 3, either Party may refer the matter to the original arbitration panel.

Implementation of the Final Report. 1. The responding Party shall promptly comply with the ruling in the final report. If it is impracticable to comply immediately, the disputing parties shall endeavour to agree on a reasonable period of time to do so. In the absence of such agreement within 45 days of the issuance of the final report, either disputing party may request the original arbitration panel to determine the length of the reasonable period of time, in light of the particular circumstances of the case. The ruling of the arbitration panel shall be given no later than 45 days after receipt of that request. 2. The responding Party shall notify the complaining Party and the Joint Commission of the measure adopted in order to comply with the ruling in the final report, including the date the measure comes into effect, as well as provide a detailed description of how the measure ensures compliance sufficient to allow the complaining Party to assess the measure. 3. In case of disagreement between the disputing parties as to the existence of a measure complying with the ruling in the final report or to the consistency of that measure with the ruling, such disagreement shall be decided by the same arbitration panel upon the request of either disputing party. A copy of this request shall be communicated to the other Parties. The Party making the request shall at the same time notify the other Parties in writing of the request. The ruling of the arbitration panel shall be rendered no later than 90 days after receipt of that request.

Implementation of the Final Report. 1. The final report of the arbitral panel shall be compulsory for the disputing Parties to implement under the terms and conditions specified in it. The term of implementation shall not exceed six (6) months from the date on which the final report was notified to the disputing Parties, unless the disputing Parties otherwise agree. 2. When the final report of the arbitral panel determines that a measure has not conformed to a disputing Party's obligations under this Agreement, the Party complained against shall be prevented from implementing the measure or shall eliminate the non-conformity. 3. When the final report of the arbitral panel determines that a measure is causing nullification or impairment in the sense of Annex 15.02, it shall indicate the level of nullification or impairment and may suggest mutually satisfactory adjustments for the disputing Parties.

Implementation of the Final Report. 1. The findings, rulings and recommendations of the panel shall be final and binding on the Parties to the dispute. The Responding Party shall: (a) if the panel 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 has otherwise failed to carry out its obligations under this Agreement, carry out those obligations 2. Within 30 days of the date of the presentation of the panel’s final report to the Parties to the dispute, the Responding Party shall notify the Complaining Party: (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 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, it shall have a reasonable period of time to comply with that obligation. 4. If a reasonable period of time is required, it shall, whenever possible, be mutually agreed by the Parties to the dispute. Where the Parties to the dispute are unable to agree on the reasonable period of time within 45 days after the date of the 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 original 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. 5. Where a request is made pursuant to paragraph 4, the chair of the panel shall present the Parties to the dispute with a report containing a determination of the reasonable period of time and the reasons for such determination within 45 days after the date of receipt by the chair of the panel the request. 6. As a guideline, the reasonable period of time determined by the chair of the panel should not exceed 15 months from the date of the presentation of the panel’s ...

Implementation of the Final Report. 1. The final report of the arbitral tribunal shall be final and binding on the parties and shall not be subject to appeal. 2. Unless the parties agree otherwise, they shall immediately implement the decision of the arbitral tribunal contained in the final report. 3. If the respondent fails to comply immediately, it shall do so within a reasonable period of time. The reasonable period of time may be set by the arbitral tribunal at the request of either of the parties together with comments referred to in article 13.11.7, taking into account the complexity of the de facto and de jure issues implied and the nature of the final report. in the absence of agreement between the parties and in the absence of a prior determination by the arbitral tribunal, either party within 30 days following the public disclosure of the final report, it may refer the matter to the arbitral tribunal, which shall in consultation with the parties, determine the reasonable period of time within 30 days of the request. the reasonable period of time should not exceed 90 days.

Implementation of the Final Report. 1. The Party complained against shall promptly comply with the ruling in the final report. If it is impracticable to comply immediately, the parties to the dispute shall endeavour to agree on a reasonable period of time to do so. In the absence of such agreement within 30 days from the date of the issuance of the final report, either party to the dispute may request the original arbitration panel to determine the length of the reasonable period of time, in light of the particular circumstances of the case. The ruling of the arbitration panel shall normally be given within 40 days from the date of receipt of that request. 2. The Party complained against shall notify the other party to the dispute of the measure adopted in order to comply with the ruling in the final report, as well as provide a detailed description of how the measure ensures compliance sufficient to allow the other party to the dispute to assess the measure. 3. In case of disagreement as to the existence of a measure complying with the ruling in the final report or to the consistency of that measure with the ruling, such disagreement shall be decided by the same arbitration panel upon the request of either party to the dispute before compensation can be sought or suspension of benefits can be applied in accordance with Article 12.

Implementation of the Final Report. 1. On receipt of the final report of a panel, the Parties shall agree on the resolution of the dispute, which, unless the Parties agree otherwise, shall be in conformity with the determinations and recommendations, if any, of the panel. 2. Wherever possible, the resolution shall be the removal of a measure not conforming to this Agreement or the removal of nullification or impairment in the sense of Annex 21-A. If the Parties fail to agree on the resolution of the dispute, the Parties may agree to compensation in lieu of the removal of a measure or of the removal of nullification or impairment. 3. If the Parties do not agree on a resolution pursuant to paragraph 1 within 30 days of the issuance of the final report of the panel, or within 10 days in cases of motor vehicles, or within another period as the Parties may agree, the Party complained against shall, at the request of the complaining Party, enter into negotiations with a view to agreeing on compensation referred to in paragraph 2.