Common use of OF THE FINAL REPORT Clause in Contracts

OF THE FINAL REPORT. 1. Where the final report of a panel contains: (a) a determination that the measure at issue is inconsistent with the obligations of this Agreement, or that the Party complained against has otherwise failed to carry out its obligations under this Agreement, the Party complained against has an obligation to bring the measure into conformity with this Agreement; or (b) a determination of non-violation nullification or impairment in the sense of Article 20.2(c), the Party complained against has an obligation to eliminate the nullification or impairment or reach a mutually satisfactory solution with the complaining Party. 2. Within 20 days of the issuance of the final report of the panel, the Party complained against 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 paragraph 1; (b) whether such implementation can take place immediately; and (c) if such implementation cannot take place immediately, the reasonable period of time the Party complained against would need to implement. 3. If a reasonable period of time is required, it shall, whenever possible, be mutually determined by the Parties. Where the Parties are unable to agree on the reasonable period of time within 30 days of the issuance of the final report, either Party may request the panel to determine the reasonable period of time. Unless the Parties otherwise agree, such requests shall be made within 120 days of the issuance of the final report. 4. Where a request is made in accordance with paragraph 3, the panel shall present to the Parties a report containing a determination of the reasonable period of time and the reasons for such determination within 45 days of the date of the request. Prior to making this determination, the panel shall seek written submissions from the Parties, and if requested by either Party, hold a meeting with the Parties where each Party will be given an opportunity to present its submission. As a guideline, the reasonable period of time determined by the panel should not exceed 15 months from the date of the issuance of the panel’s final report. However, such reasonable period of time may be shorter or longer, depending upon the particular circumstances. Unless the Parties otherwise agree, the principles applied in arbitrations under Article 21.3(c) of the DSU shall apply mutatis mutandis.

OF THE FINAL REPORT. ‌ 1. Where The findings, rulings and recommendations of the panel shall be final report of a panel containsand binding on the Parties to the dispute. The Responding Party shall: (a) if the panel makes a determination ruling that the measure at issue is inconsistent not in conformity with the obligations of this Agreement, or bring the measure into conformity; or (b) if the panel makes a ruling that the Responding Party complained against has otherwise failed to carry out its obligations under this Agreement, the Party complained against has an obligation to bring the measure into conformity with this Agreement; or (b) a determination of non-violation nullification or impairment in the sense of Article 20.2(c), the Party complained against has an obligation to eliminate the nullification or impairment or reach a mutually satisfactory solution with the complaining Party.carry out those obligations 2. Within 20 30 days of the issuance date of the final report presentation of the panel’s final report to the Parties to the dispute, the Responding Party complained against shall notify the complaining 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 complained against would need to implementimplement 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 determined agreed by the PartiesParties to the dispute. Where the Parties to the dispute are unable to agree on the reasonable period of time within 30 45 days after the date of the issuance presentation of the panel’s final reportreport to the Parties to the dispute, either 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. Unless the Parties otherwise agree, such requests time shall be made within 120 no later than 60 days from the date of the issuance presentation of the panel’s final reportreport to the Parties to the dispute. 45. Where a request is made in accordance with pursuant to paragraph 34, the chair of the panel shall present the Parties to the Parties dispute with a report containing a determination of the reasonable period of time and the reasons for such determination within 45 days of after the date of receipt by the chair of the panel the request. Prior to making this determination, the panel shall seek written submissions from the Parties, and if requested by either Party, hold a meeting with the Parties where each Party will be given an opportunity to present its submission. 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 issuance presentation of the panel’s final reportreport to the Parties to the dispute. However, such reasonable period of time may be shorter or longer, depending upon the particular circumstances. Unless the Parties otherwise agree, the principles applied in arbitrations under Article 21.3(c) of the DSU shall apply mutatis mutandis.