Статья 14.12. Выполнение отчета Арбитражной комиссии / Article 14.12. Implementation of the Arbitration Panel Report

Article 14.12
Implementation of the Arbitration Panel Report

1. Each disputing Party shall take any measure necessary to comply in good faith with the final report of the arbitration panel. If, in its final report, the arbitration panel determines that a measure at issue is inconsistent with the obligations under this Agreement, or that the Party complained against has otherwise failed to carry out its obligations under this Agreement, the Party complained against shall, whenever possible, eliminate the non-conformity with this Agreement.

2. No later than thirty (30) days after the issuance of the final report of the arbitration panel, the Party complained against shall notify the complaining Party of the time it will require for compliance with the final report (hereinafter referred to as "reasonable period of time"), if immediate compliance is not practicable. The disputing Parties shall endeavour to agree on the reasonable period of time.

3. If the disputing Parties fail to agree on the reasonable period of time within a period of forty-five (45) days after the issuance of the final report of the arbitration panel, the complaining Party may, no later than fifty (50) days after the issuance of the final report, request in writing the original arbitration panel to determine the length of the reasonable period of time. Such request shall be notified simultaneously to the other disputing Party. The original arbitration panel shall issue to the disputing Parties its determination on the length of the reasonable period of time no later than twenty (20) days after the date of the submission of the request.

4. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 14.8 (Composition and Establishment of the Arbitration Panel) shall apply. The time limit for issuing the determination on the length of the reasonable period of time shall be no later than thirty-five (35) days ²¹ after the date of the submission of the request referred to in paragraph 3.

5. The Party complained against shall notify the complaining Party before the end of the reasonable period of time of any measure that it has taken to comply with the final report of the arbitration panel. The reasonable period of time may be extended by mutual agreement of the disputing Parties at any time before its expiry.

6. In the event that there is disagreement between the disputing Parties concerning the existence or the consistency of any measure notified under paragraph 5 with the provisions of this Agreement, the complaining Party may request in writing that the original arbitration panel make a determination on the matter. Such request shall be notified simultaneously to the other Party, and shall identify any specific measure at issue and the provisions referred to in Article 14.3 (Scope) that it considers the measure to be inconsistent with, in a manner sufficient to present the disagreement clearly. The original arbitration panel shall issue to the disputing Parties its determination no later than forty-five (45) days after the date of the submission of the request.

7. In the event that any member of the original arbitration panel is no longer available, the procedures set out in Article 14.8 (Composition and Establishment of the Arbitration Panel) shall apply. The time limit for issuing the determination shall be no later than sixty (60) days ²² after the date of the submission of the request referred to in paragraph 6.