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If the Party complained against does not comply with the ruling of the Arbitral Panel where practicable immediately or within the reasonable period of time determined pursuant to Article 15 of this Annex or: (a) fails to deliver a notification of any measure taken to comply within the deadline referred to in Article 14 of this Annex or before the date of expiry of the reasonable period of time; (b) notifies the complaining Party that it does not intend to comply with the ruling of the Arbitral Panel; and/or (c) if the original Arbitral Panel determines that the Party complained against did not comply with the ruling of the Arbitral Panel in accordance with Article 14 of this Annex the Party complained against shall, if so requested by the complaining Party, enter into consultations with a view to agreeing on a mutually acceptable temporary compensation. If no such agreement has been reached within twenty (20) days 13 from the receipt of the request, the complaining Party shall be entitled, upon written notification to the Party complained against, to suspend concessions or other benefits granted under this Agreement in respect of the Party complained against but only equivalent to those affected by the measure that the Arbitral Panel has found not to be in conformity with this Agreement. Such notification shall be made at least thirty (30) days before the date on which the suspension is due to take effect. The Joint Committee shall be informed of such notification. 2. In considering which benefits to suspend, the complaining Party should first seek to suspend concessions or other obligations granted under this Agreement in the same sector or sectors as that affected by the measure that the Arbitral Panel has found not to be in conformity with this Agreement. If the complaining Party considers that it is not practicable or effective to suspend concessions or other obligations granted under this Agreement in the same sector or sectors it may suspend concessions or other obligations granted under this Agreement in other sectors. 3. Within fifteen (15) days from the receipt of such notification, the Party complaint against may request the original Arbitral Panel to rule on whether the concessions or other benefits granted under this Agreement which the complaining Party intends to suspend are equivalent to those affected by the measure found not to be in conformity with this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2 of this Article. The ruling of the Arbitral Panel shall be given within thirty (30) days from the receipt of such request and shall be accepted unconditionally by the Parties. Benefits shall not be suspended until the Arbitral Panel has issued its ruling. 4. The suspension of the concessions or other obligations granted under this Agreement shall be temporary and be applied by the complaining Party, only until: (a) any measure taken to comply which the final report of the Arbitral Panel has found to be inconsistent with the covered provisions has been withdrawn or amended so as to bring the Party complained against into conformity with those provisions; (b) the Arbitral Panel decides that the compliance measure is compatible with the award and with the provisions of this Agreement; or (c) the Parties have otherwise settled the dispute or reached mutually agreed solution. 5.
Upon request of a disputing Party, the original Arbitral Panel shall rule on the conformity with its final report of any implementing measure adopted after the suspension of concessions or other obligations granted under this Agreement and, in light of such rulings, whether the suspension of benefits should be terminated 14 or modified. The rulings of the Arbitral Panel shall be made within thirty (30) days from the date of the receipt of such request. Article 18 General Provisions All notifications, requests and replies made pursuant to this Annex shall be in writing. Article 19 Mutually Agreed Solution 1. The disputing Parties may reach a mutually agreed solution at any time with respect to any dispute referred to in Article 3 of this Annex. 2. If a mutually agreed solution is reached during the Arbitral Panel or mediation procedure, the disputing Parties shall jointly notify that solution Chair of the Arbitral Panel or the mediator, respectively and the Joint Committee shall be informed on such notification. Upon such notification, the Arbitral Panel or the mediation procedure shall be terminated. 3. Each Party shall take measures necessary to implement the mutually agreed solution within the agreed time period. 4. No later than at the expiry of the agreed time period the implementing Party shall inform the other Party, in writing, of any measure that it has taken to implement the mutually agreed solution. Article 20 Time Limits All time limits laid down in this Annex, shall be counted in calendar days, from the day (when a notice, notification, communication or proposal is received) following the act or fact to which they refer unless otherwise specified. If the last day of such period is an official holiday or a non-work day in the Party of the addressee, the period is extended until the first work day which follows. Official holidays or non-work days occurring during the running of the period of time are included in calculating the period. Any time limit referred to in this Annex may be modified by mutual agreement of the disputing Parties. The Arbitral Panel may at any time propose to the disputing Parties to modify any time limit referred to in this Annex, stating the reasons for the proposal. 15 Article 21 Remuneration and Expenses 1. Unless the disputing Parties agree otherwise: (a) each disputing Party shall bear the costs of its appointed arbitrator, its own expenses and legal costs derived from the participation in the Arbitral Panel or mediation procedure; and (b) the costs of the Chair of the Arbitral Panel, the mediator and other expenses associated with the conduct of the Arbitral Panel proceedings shall be borne in equal parts by the disputing Parties. 2. Upon request of a disputing Party, the Arbitral Panel may decide on the expenses referred to in subparagraph (b) of paragraph 1 of this Article taking into account the particular circumstances of the case. Article 22 Language 1. All proceedings pursuant to this Annex shall be conducted in the English language. 2. Any documents submitted for use in the proceedings pursuant to this Annex shall be in the English language. If any original document is not in the English language, the disputing Party submitting it shall provide an English language translation of such document.