Статья 14.11. Промежуточный и окончательный отчет Арбитражной комиссии / Article 14.11. Interim and Final Arbitration Panel Report

Article 14.11
Interim and Final Arbitration Panel Report

1. The arbitration panel shall issue an interim report to the disputing Parties setting out:

(a) a summary of the submissions and arguments of the disputing Parties;

(b) the findings of fact, together with reasons;

(c) its determination as to the interpretation or application of the provisions of this Agreement, and whether

(i) a measure at issue is inconsistent with the obligations of this Agreement; or

(ii) a Party complained against has otherwise failed to carry out its obligations under this Agreement;

(d) any other determination requested in the terms of reference; and

(e) if there is a determination of inconsistency, its recommendation that the Party complained against bring the measure into conformity with the obligations under this Agreement and, if the disputing Parties agree, on the means to resolve the dispute,

no later than ninety (90) days, or sixty (60) days in case of urgency, after the date of establishment of the arbitration panel. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the disputing Parties in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its interim report. Under no circumstances should the arbitration panel issue its interim report later than one hundred and twenty (120) days after the date of its establishment.

2. Any disputing Party may submit a written request for the arbitration panel to review precise aspects of the interim report within thirty (30) days of its issuance. The arbitration panel shall consider any written comments on the interim report by the disputing Parties within fifteen (15) days from the date of receipt of the written comments. After considering any such written comments by the disputing Parties, the arbitration panel may modify its report and make any further examination it considers appropriate.

3. The arbitration panel shall issue its final report to the disputing Parties no later than forty-five (45) days, or thirty (30) days in case of urgency, after the issuance of the interim report. Where it considers that this deadline cannot be met, the chairperson of the arbitration panel shall notify the disputing Parties in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its final report. Under no circumstances should the arbitration panel issue its final report later than one hundred and eighty (180) days after the date of its establishment. The final report shall set out the matters listed in paragraph 1, include a sufficient discussion of the arguments made at the interim review stage and address clearly the written comments of the disputing Parties.

4. The final report of the arbitration panel shall be unconditionally accepted by the disputing Parties with regard to a particular dispute. In its findings and recommendations, the arbitration panel cannot add to or diminish the rights and obligations provided in this Agreement.