Статья 22

Конфиденциальная информация 1. Каждая Сторона обязуется в соответствии со своими законами и иными нормативными правовыми актами обеспечивать конфиденциальность информации, предоставленной другой Стороной в качестве конфиденциальной в рамках настоящего Соглашения. 2. Ничто в настоящем Соглашении не обязывает Сторону предоставлять или разрешать доступ к информации, раскрытие которой могло бы воспрепятствовать применению законодательства, или же запрещено или ограничено ее законами и иными нормативными правовыми актами, или иным образом могло бы вступить в противоречие с общественными интересами или ущемить законные интересны (любого хозяйствующего субъекта) отдельных предприятий, частных или государственных. Незначительные расхождения Если происхождение товара не вызывает сомнений, обнаружение незначительных расхождений между информацией, содержащейся в документе о происхождении товара, и информацией, содержащейся в документах, представленных таможенному органу импортирующей Стороны, не должно само по себе являться основанием для признания документа о происхождении товара недействительным, если сведения, указанные в нем, фактически соответствуют представленным товарам. Если в документе о происхождении товара заявлено несколько товаров, то возникновение проблемы с одним из таких товаров, не должно повлиять на предоставление тарифных преференций или отложить их предоставление в отношении остальных товаров, указанных в таком документе о происхождении товара. Язык Все разбирательства по настоящему Приложению проходят и составляются на английском языке. Любой документ, предоставленный в целях использования в рамках разбирательств по настоящему Приложению, составляется на английском языке. Если оригинал любого документа составлен на языке, отличном от английского, то Сторона спора, предоставляющая такой документ, должна предоставить перевод такого документа на английский язык. ANNEX 4 DISPUTE SETTLEMENT Article 1 Objectives The objective of this Annex is to provide for an effective, efficient and transparent mechanism for the settlement of disputes arising under this Agreement with a view to arriving at, where possible, a mutually agreed solution. Article 2 Definitions For the purposes of this Annex: “Arbitral Panel” means an Arbitral Panel established pursuant to Article 8 of this Annex; “disputing Parties” means both the complaining Party and the Party complained against. The Member States of the Eurasian Economic Union and the Eurasian Economic Union may act jointly or individually as a disputing Party. In the latter case if a measure is taken by a Member State of the Eurasian Economic Union, such Member State of the Eurasian Economic Union shall be a disputing Party, and if a measure is taken by the Eurasian Economic Union, it shall be a disputing Party; “complaining Party” means a Party making a claim; “Party complained against” means a Party against which a claim is made; “arbitrator” means a member of an Arbitral Panel established under Article 8 of this Annex; “Chair” means the arbitrator who serves as the Chair of the Arbitral Panel; “assistant” means a person who, under the terms of appointment of an arbitrator, conducts, researches or provides assistance to the arbitrator; “days” means calendar days, including weekends and holidays. Article 3 Scope of Application Unless this Agreement provides otherwise the provisions of this Annex shall apply to any disputes between the Parties arising from interpretation and/or application of the provisions of this Agreement whenever a Party considers that a measure of the other Party is inconsistent with an obligation under the provisions of this Agreement or the other Party has failed to carry out its obligations under this Agreement. Article 4 Information Exchange The distribution among the Member States of the Eurasian Economic Union and the Eurasian Economic Union of any procedural document relating to any dispute arising under this Agreement shall not be viewed as a violation of the provisions on confidentiality under this Agreement and/or the WTO Agreement. Article 5 Consultations The disputing Parties shall make every attempt to settle any dispute with respect to any matter referred to in Article 3 of this Annex through consultations in order to reach a mutually agreed solution. A request for consultations shall be submitted in writing to the Party complained against through its contact point designated in accordance with Article 27 (Contact Points) of this Agreement and shall give the reasons for the request, including identification of any measure or other matter at issue and an indication of the factual and legal basis for the complaint. The Joint Committee should be informed on the submission of such a request. If a request for consultations has been submitted in accordance with paragraph 2 of this Article, the Party complained against shall promptly reply to the request in writing within ten (10) days from the date of its receipt and shall enter into consultations with the complaining Party in good faith within thirty (30) days from the date of receipt of the request in order to reach a mutually acceptable solution. Consultations in cases of urgency, including those regarding perishable goods, shall be held within fifteen (15) days from the date of receipt of the request. Periods of time specified in paragraphs 3 and 4 of this Article may be changed by agreement of the disputing Parties. During consultations each disputing Party shall provide sufficient factual information so as to allow a complete examination of the manner in which the measure in force or proposed, or any other issue, could affect the operation and application of this Agreement. The consultations, in particular all information disclosed and positions taken by the disputing Parties during these proceedings, shall be confidential and without prejudice to the rights of either disputing Party in any further proceeding. The disputing Parties shall treat any confidential or proprietary information exchanged in the course of consultations on the same basis as the Party providing the information. During consultations under this Article, each disputing Party shall ensure the participation of personnel of their competent governmental authorities or other regulatory bodies with the relevant knowledge/expertise in the matter subject to the consultations. Consultations shall take place, unless the disputing Parties agree otherwise, on the territory of the Party complained against. Upon agreement of the disputing Parties, the consultations may take place by any technological means available. Article 6 Good Offices, Conciliation or Mediation The Parties may at any stage of any dispute settlement procedure under this Annex have recourse to good offices, conciliation or mediation. Good offices, conciliation or mediation may begin at any time and be suspended or terminated by either Party at any time. 2. Proceedings involving good offices, conciliation and mediation, and in particular positions taken by the disputing Parties during those proceedings, shall be confidential and without prejudice to the rights of either disputing Party in any further proceeding. Article 7 Request for Establishment of an Arbitral Panel The complaining Party that made a request for consultations under Article 5 of this Annex or mediation as provided for in Article 6 of this Annex may request in writing the establishment of an Arbitral Panel if: the Party complained against does not comply with the periods of time in accordance with paragraph 3 or 4 of Article 5 of this Annex; the disputing Parties jointly consider that consultations under Article 5 of this Annex have failed to settle the dispute within seventy five (75) days or in cases of urgency, including those regarding perishable goods within thirty (30) days, from the date of receipt of the request for consultations referred to in paragraph 3 of Article 5 of this Annex; or the Party complained against fails to comply with the mutually agreed solution elaborated during consultations under Article 5 of this Annex. The request for the establishment of an Arbitral Panel shall be made in writing to the Party complained against through its contact point designated in accordance with Article 27 (Contact Points) of this Agreement and the Joint Committee should be informed on the submission of such a request. The complaining Party shall identify in its request the specific measure at issue and explain how such measure constitutes a breach of the covered provisions in a manner sufficient to present the factual and legal basis for the complaint clearly. The Party complained against shall immediately acknowledge receipt of the request by way of notification to the complaining Party indicating the date on which the request was received and the Joint Committee should be informed on the receipt of such a request. Unless the disputing Parties agree otherwise within twenty (20) days from the date of receipt of the request for the establishment of an Arbitral Panel, the terms of reference of an Arbitral Panel shall be: “To examine, in the light of the relevant provisions of the Interim Trade Agreement between the Eurasian Economic Union and its Member States, of the one part, and Mongolia, of the other part, the matter referred to in the request for the establishment of an Arbitral Panel pursuant to Article 7 of Annex 4 to this Agreement, to rule on the conformity of the measure in question with the provisions referred to in Article 3 of Annex 4 to this Agreement and to make findings of facts, the applicability of relevant provisions and the basic rationale for any findings and recommendations and to deliver a report in accordance with Article 12 of Annex 4 to this Agreement”. If the disputing Parties agree on other terms of reference of an Arbitral Panel, they shall notify the agreed terms of reference to an Arbitral Panel within the time period set out in this paragraph. In cases of urgency, including those concerning perishable goods, the disputing Parties shall make every effort to accelerate the establishment of an Arbitral Panel to the greatest extent possible. Article 8 Composition and Establishment of an Arbitral Panel An Arbitral Panel shall consist of three (3) arbitrators. 2. Within sixty (60) days from the receipt of the request to establish an Arbitral Panel by the Party complained against each disputing Party shall appoint an arbitrator. All arbitrators shall: have expertise and/or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements; be chosen strictly on the basis of objectivity, impartiality, reliability and sound judgment; be independent of, and not be affiliated with or take instructions from any disputing Party; serve in their individual capacities and not take instructions from any organisation or government, or be affiliated with the government of any of the disputing Parties; disclose to the disputing Parties any information which may give rise to justifiable doubts as to their independence or impartiality inter alia direct or indirect conflicts of interest in respect of the matter at hand; be nationals of states having diplomatic relations both with Mongolia and the Member States of the Eurasian Economic Union; and not have dealt with the dispute previously in any capacity, including in accordance with Article 6 of this Annex. 3. Within fifteen (15) days of the appointment of the second arbitrator, the appointed arbitrators shall choose by mutual agreement the Chair of an Arbitral Panel who shall not fall under any of the following disqualifying criteria: being a national of a Member State of the Eurasian Economic Union or Mongolia; or having permanent place of residence in the territory of a Member State of the Eurasian Economic Union or Mongolia. 4. If the necessary appointments have not been made within the periods of time specified in paragraph 2 of this Article, either disputing Party may, unless otherwise agreed by the disputing Parties, invite the President of the International Court of Justice (hereinafter referred to as "ICJ") to be the appointing authority. In case the President of the ICJ is a national of a Member State of the Eurasian Economic Union or Mongolia or is incapable to realize this appointing function, the Vice-President of the ICJ or the officer next in seniority who is not a national of a Member State of the Eurasian Economic Union or Mongolia and who is capable to realize this appointing function shall be requested to make the necessary appointments. 5. If an arbitrator appointed under this Article during dispute settlement procedures, resigns or becomes unable to act, a successor arbitrator shall be appointed within fifteen (15) days in accordance with the procedure prescribed for in paragraph 2 of this Article and the successor shall have all the powers and duties of the original arbitrator. Any period of time applicable to the proceeding shall be suspended beginning on the date when the arbitrator resigns or becomes unable to act and ending on the date when a replacement is selected. The date of establishment of the Arbitral Panel shall be the date on which the Chair of the Arbitral Panel accepted the appointment. Article 9 Functions of an Arbitral Panel The function of an Arbitral Panel established pursuant to Article 8 of this Annex shall be the following: to make an objective assessment of the matter before it, including an objective examination of the facts of the case, the applicability of the provisions of this Agreement cited by the disputing Parties and whether the Party complained against has failed to carry out its obligations under this Agreement; to set out, in its decisions and reports, the findings of facts, the basic rationale behind any findings and rulings necessary for the resolution of the dispute referred to it as it deems appropriate; to consult the disputing Parties regularly and provide adequate opportunities for the development of a mutually agreed solution to the dispute; to determine at the request of a disputing Party the conformity of any implementing measures and/or relevant suspension of benefits with its final report. An Arbitral Panel established under this Annex shall interpret the provisions of this Agreement in accordance with customary rules of interpretation of public international law. The reports and rulings of the Arbitration Panel cannot add to or diminish the rights and obligations of the Parties provided in the provisions referred to in this Agreement. Article 10 Proceedings of an Arbitral Panel An Arbitral Panel proceedings shall be conducted in accordance with the provisions of this Article. Subject to paragraph 1 of this Article, an Arbitral Panel shall regulate its own rules, and procedures in relation to the rights of the disputing Parties to be heard and its deliberations, in consultation with the disputing Parties. On the request of the disputing Parties or on its own initiative an Arbitral Panel may, after consultation with the disputing Parties, adopt additional rules and procedures which do not conflict with the provisions of this Article. After consulting with the disputing Parties, an Arbitral Panel shall within ten (10) days after its establishment fix the timetable for an Arbitral Panel proceedings. In cases of urgency, including those involving perishable goods that rapidly lose their trade value, an Arbitral Panel and the Parties shall make every effort to accelerate the proceedings to the greatest extent possible. The timetable shall include precise deadlines for written submissions by the disputing Parties. Modifications to such timetable may be made by an Arbitral Panel in consultation with the disputing Parties. Upon request of a disputing Party or on its own initiative, an Arbitral Panel may, at its discretion, seek information and/or advice on any scientific or technical matter from any person or body which it deems appropriate. Before an Arbitral Panel seeks such information and/or advice, it shall inform the disputing Parties. Any information and/or advice so obtained shall be submitted to the disputing Parties for comment. Where an Arbitral Panel takes the information and/or advice into account in the preparation of its report, it shall also take into account any comment by the disputing Parties on the information and/or advice. The information and/or advice shall be non-binding. An Arbitral Panel shall make every effort to draft its procedural decisions, findings and rulings by consensus, provided that where an Arbitral Panel is unable to reach consensus such procedural decisions, findings and rulings may be made by majority vote. An Arbitral Panel shall indicate the different opinions of the arbitrators on matters not unanimously agreed in its report not disclosing which arbitrators are associated with majority or minority opinions. The hearings of an Arbitral Panel shall be closed to the public, unless the disputing Parties agree otherwise. The disputing Parties shall be given the opportunity to attend any of the presentations, statements or rebuttals in the proceedings. Any information provided or written submission made by a disputing Party to an Arbitral Panel, including any comment on the descriptive part of the initial report and response to the questions put by an Arbitral Panel, shall be made available to the other disputing Party. The deliberations of an Arbitral Panel and the documents submitted to it shall be kept confidential. For its internal deliberations, an Arbitral Panel shall meet in closed session where only arbitrators take part. An Arbitral Panel may also permit its assistants to be present at its deliberations. The disputing Parties shall be present at the meetings only when invited by an Arbitral Panel to appear before it. Nothing in this Annex shall preclude a disputing Party from disclosing statements of its own positions to the public. A disputing Party shall treat as confidential information submitted by the other disputing Party to an Arbitral Panel which that other disputing Party has designated as confidential. A disputing Party shall also, upon request of a Party, provide a non-confidential summary of the information contained in its written submissions that could be disclosed to the public. The venue for hearings shall be decided by mutual agreement of the disputing Parties. If there is no agreement, the venue shall alternate between the capitals of the disputing Parties with the first hearing to be held in the capital of the Party complained against. If the Eurasian Economic Union acts as a disputing Party in accordance with the provisions of this Annex, the respective alternate hearings shall be held in Moscow, Russian Federation. Article 11 Suspension and Termination of Proceedings The Arbitral Panel shall, upon the joint request of the disputing Parties, suspend its work at any time for a period not exceeding twelve (12) consecutive months from the date of receipt of such joint request. In such event, the disputing Parties shall jointly notify, in writing, the Chair of the Arbitral Panel and the Joint Committee shall be informed on such notification. Within this period, either disputing Party may authorize the Arbitral Panel to resume its work by notifying, in writing, the Chair of the Arbitral Panel and the other disputing Party. If the work of the Arbitral Panel has been continuously suspended for more than twelve (12) months, the authority for the establishment of the Arbitral Panel shall lapse (and the dispute settlement procedure shall be terminated) unless the disputing Parties otherwise agree. In the event of a suspension of the work of the Arbitral Panel, the relevant time periods under this Annex shall be extended by the same period of time for which the work of the Arbitral Panel was suspended. The Arbitral Panel proceedings shall be terminated upon the joint request of the disputing Parties at any time before the issuance of the final report of the Arbitration Panel. In such event, the disputing Parties shall jointly notify the Chair of the Arbitral Panel and the Joint Committee shall be informed on such notification. Article 12 Reports of the Arbitral Panel The reports of the Arbitral Panel shall be drafted without the presence of the disputing Parties and shall be based on the relevant provisions of this Agreement, the submissions and arguments of the disputing Parties and any information and/or advice provided to it in accordance with paragraph 4 of Article 10 of this Annex. The Arbitral Panel shall issue its initial report within ninety (90) days, or sixty (60) days in cases of urgency, including those concerning perishable goods, from the date of establishment of the Arbitral Panel. The initial report shall contain, inter alia, both the descriptive sections and the Arbitral Panel’s findings of facts, the applicability of the relevant provisions, the basic rationale behind any findings, recommendations that it makes and conclusions. In exceptional circumstances, if the Arbitral Panel considers it cannot issue its initial report within the periods of time specified in paragraph 2 of this Article, the Chair of the Arbitral Panel shall notify, in writing, the disputing Parties of the reasons for the delay together with an estimate of the period within which it will issue its initial report and the Joint Committee shall be informed on such notification. Any delay shall not exceed a further period of thirty (30) days unless the disputing Parties agree otherwise. Any disputing Party may submit written comment on the initial report to the Arbitral Panel within fifteen (15) days of its receipt unless the disputing Parties agree otherwise. Such written comment may be subject for comments of the other disputing Party that shall be provided within six (6) days of its receipt. If no comments are received from any disputing Party within the comment period, the interim report shall be considered as the final report. After considering any written comment submitted by the disputing Parties on the initial report and making any further examination, the Arbitral Panel shall present to the disputing Parties its final report containing a ruling on the dispute and an original award within thirty (30) days of issuance of the initial report, unless the disputing Parties agree otherwise. In cases of urgency, including those involving perishable goods, the Arbitral Panel shall make every effort to present its final report within fifteen (15) days of issuance of the initial report, unless the disputing Parties agree otherwise. When the Arbitral Panel considers that this deadline cannot be met, the Chair of the Arbitral Panel shall notify the disputing Parties in writing, stating the reasons for the delay and the date on which the Arbitral Panel plans to deliver its final report. The Arbitral Panel shall, under no circumstances, deliver its final report later than one hundred fifty (150) days or eighty (80) days in cases of urgency, including those concerning perishable goods, from the date of establishment of the Arbitral Panel. If in its final report, the Arbitral Panel finds that a measure of Party complained against does not conform with this Agreement, it shall include in its findings and ruling a recommendation to remove the non-conformity. The disputing Parties shall publicly release the final report of the Arbitral Panel within fifteen (15) days from the date of its receipt, subject to the protection of confidential information, unless any disputing Party objects. In this case the final report shall still be released for all Parties to this Agreement seven (7) days after the report is presented to the disputing Parties. 9. The decisions and reports of the Arbitral Panel shall be accepted unconditionally by the Parties. They shall not create any rights or obligations with respect to natural or legal persons. The ruling of the Arbitral Panel is without appeal. Article 13 Request for Clarifications Within ten (10) days after the date of receipt of the final report, a disputing Party may submit a written request to the Arbitral Panel for clarification of any determinations or recommendations in the final report that the disputing Party considers ambiguous. The Arbitral Panel shall respond to the request within ten (10) days after the date of receipt of such request. The submission of a request pursuant to paragraph 1 of this Article shall not affect the time periods referred to in Article 14 and Article 17 of this Annex unless the Arbitral Panel decides otherwise. Article 14 Implementation of the Ruling The disputing Parties shall take all necessary measures to comply with the ruling of the Arbitral Panel without undue delay. Within thirty (30) days from the receipt of the final report of the Arbitral Panel, the Party complained against shall notify the complaining Party of the following: the measures it intends to implement in order to comply with obligation stipulated in paragraph 1 of this Article; and the period of time required to comply with the final ruling of the Arbitral Panel. The Joint Committee shall be informed on such notification. Article 15 Reasonable Period of Time If immediate compliance with the ruling of the Arbitral Panel is not possible, the disputing Parties shall endeavor to mutually agree on the length of the reasonable period of time to comply with the final report of the Arbitral Panel. In case of disagreements between the disputing Parties on the proposed period of time for compliance pursuant to paragraph 2 (b) of Article 14 of this Annex, either disputing Party may request in writing the original Arbitral Panel to determine the length of the reasonable time period to comply with the ruling. Such request shall be notified simultaneously to the other disputing Party and the Joint Committee shall be informed on such request. The Arbitral Panel shall deliver its decision containing a determination of the reasonable period of time and the reasons for such determination to the disputing Parties within thirty (30) days from the date of receipt of the request. When the Arbitral Panel considers that it cannot determine the reasonable period of time within the timeframe set in paragraph 2 of this Article, it shall inform the disputing Parties in writing of the reasons for the delay together with an estimate of the period within which it will issue its decision. Any delay shall not exceed a further period of thirty (30) days unless the disputing Parties agree otherwise. The disputing Parties may at all times continue to seek mutually satisfactory resolution on the implementation of the final report of the Arbitral Panel. The Party complained against shall notify the complaining Party in writing of any measure adopted to put an end to the non-compliance of its obligations under this Agreement and to comply with the Arbitral Panel ruling at least thirty (30) days before the expiry of the reasonable period of time. The Joint Committee shall be informed on such notification. The disputing Parties may agree to extend the reasonable period of time. Article 16 Compliance Review In the event that there is a disagreement between the disputing Parties concerning consistency of any measure taken to comply with the final report of the Arbitral Panel where practicable immediately or within the reasonable period of time as determined pursuant to Article 15 of this Annex the complaining Party may request in writing the original Arbitral Panel to rule on the matter. The request to the Arbitral Panel under paragraph 1 of this Article may only be made after the earlier of: the expiry of the reasonable period of time as determined under Article 15 of this Annex; or a notification to the complaining Party by the Party complained against that it has complied with the obligation under paragraph 1 of Article 14 of this Annex, including a description of how the Party complained against has complied with such obligation. The request shall identify any measure at issue and shall explain how that measure constitutes a breach of the covered provisions in a manner sufficient to present the legal basis for the complaint clearly. The Arbitral Panel shall make an objective assessment of the matter before it, including an objective assessment of: the factual aspects of any implementation action taken by the Party complained against; and whether the Party complained against has complied with the obligation under paragraph 1 of Article 14 of this Annex. The Arbitral Panel shall deliver its decision to the disputing Parties within thirty (30) days of the date of receipt of the request under paragraph 1 of this Article. The report shall contain the determination of the Arbitral Panel and the reasons for its determination. When the Arbitral Panel considers that it cannot provide its report within time frame specified in paragraph 4 of this Article, it shall inform the disputing Parties in writing of the reasons for the delay together with an estimate of the period within which it will submit its report. Any delay shall not exceed a further period of thirty (30) days unless the disputing Parties agree otherwise. In the event that any arbitrator of the original Arbitral Panel is no longer available, the procedures set out in Article 8 of this Annex shall apply. Article 17 Temporary Remedies in Case of Non-Compliance 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: 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; notifies the complaining Party that it does not intend to comply with the ruling of the Arbitral Panel; and/or 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 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. 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. 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. The suspension of the concessions or other obligations granted under this Agreement shall be temporary and be applied by the complaining Party, only until: 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; the Arbitral Panel decides that the compliance measure is compatible with the award and with the provisions of this Agreement; or the Parties have otherwise settled the dispute or reached mutually agreed solution. 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 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 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. 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. Each Party shall take measures necessary to implement the mutually agreed solution within the agreed time period. 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. Article 21 Remuneration and Expenses Unless the disputing Parties agree otherwise: 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 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. 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 All proceedings pursuant to this Annex shall be conducted in the English language. 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.