Common use of Interpretation of Annexes Clause in Contracts

Interpretation of Annexes. (1) Where a respondent asserts as a defense that the measure alleged to be a breach is within the scope of an excluded sector in Annex C or is a non-conforming measure set out in Annex D, the tribunal shall, on request of a State Party that is a disputing party request the interpretation of the home and host state on the issue. The home and host state shall submit in writing any decision declaring its interpre- tation under this Article the tribunal within 60 days of delivery of the request. A decision issued under Paragraph (A) shall be binding on the tribunal, and any award must be con- sistent with that decision. If the home and host state fails to issue such a decision within 60 days, the tribunal shall decide the issue.