Common use of Implementation of the Final Report Clause in Contracts

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 final report to the Parties to the dispute. However, such reasonable period of time may be shorter or longer, depending upon the particular circumstances.

Implementation of the Final Report. 1. The findingsIf, rulings and recommendations of in its final report, the arbitration panel shall be final and binding on the Parties to the dispute. The Responding Party shall: (a) if the panel makes a ruling determines that the measure at issue is Party complained against has 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 conformed to carry out its obligations under the relevant provisions of this AgreementAgreement or that a Party’s measure is causing nullification or impairment in the sense of Article 20.2.1(c), carry out those obligationsunless 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. 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 The reasonable period of time the Responding Party would need referred 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 1 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 disputeParties. Where the Parties to the dispute are unable fail to agree on the reasonable period of time within 45 days after of the date of the presentation issuance of the panel’s final report of the arbitration panel, either Party may refer the matter to the Parties to the disputeoriginal arbitration panel, any Party to the dispute may request that the chair of the original panel which shall determine the reasonable period of time, by means of a notice addressed . 3. The Party complained against shall notify 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 complaining Party of the presentation implementing measures that it has taken to comply with the determinations of the panel’s final report to arbitration panel before 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 expiry of the reasonable period of time and the reasons for such determination within 45 days after the date of receipt agreed by the chair of Parties or determined by the original arbitration panel in accordance with paragraph 2. Where there is disagreement between the request. 6. As a guidelineParties 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 by pursuant to paragraph 2, either Party may refer the chair 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 panel should original arbitration panel. If this is not exceed 15 months from possible, then the date arbitrators of the presentation arbitration panel that is established for purposes of the panel’s final this Article shall be appointed pursuant to Article 20. 9. The arbitration panel shall issue its report to the Parties to within 20 days on 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 shorter or longer, depending upon extended by the particular circumstancesarbitration 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. 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 '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) 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 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.. Page 77 of 409 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 '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 '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 's final report to the Parties to the dispute. However, such reasonable period of time may be shorter or longer, depending upon the particular circumstances.

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: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 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 final report to the Parties to the dispute. However, such reasonable period of time may be shorter or longer, depending upon the particular circumstances.