1 DRBs may assist the Parties in avoiding Disagreements, in resolving them through informal assistance, and by issuing Conclusions with respect to Disputes upon formal referral. In formal referrals, DRBs render Recommendations with respect to Disputes.
2 Upon receipt of a Recommendation, the Parties may comply with it voluntarily but are not required to do so.
3 The Parties agree that if no Party has given a written notice to the other Party and the DRB expressing its dissatisfaction with a Recommendation within 30 days of receiving it, the Recommendation shall become final and binding on the Parties. The Parties shall comply without delay with a Recommendation that has become final and binding and agree not to contest that Recommendation, unless such agreement is prohibited by applicable law.
4 If any Party fails to comply with a Recommendation when required to do so pursuant to this Article 4, the other Party may refer the failure itself, without having to refer it to the DRB first, either to arbitration, if the Parties have so agreed, or, if not, to any court of competent jurisdiction. A Party that has failed to comply with a Recommendation, when required to do so, shall not raise any issue as to the merits of the Recommendation as a defence to its failure to comply without delay with the Recommendation.
5 Any Party that is dissatisfied with a Recommendation shall, within 30 days of receiving it, give written notice expressing its dissatisfaction to the other Party and the DRB. Such notice may specify the reasons for the Party’s dissatisfaction, in the absence of which the DRB may request the Party to provide the DRB and the other Party with brief reasons for its dissatisfaction. 6 If any Party gives such a written notice expressing its dissatisfaction with a Recommendation, or if the DRB does not render its Recommendation within the time limit prescribed in Article 22, or if the DRB is disbanded pursuant to the Rules before a Recommendation regarding a Dispute has been rendered, the Dispute in question shall be finally settled by arbitration, if the parties have so agreed, or, if not, by any court of competent jurisdiction.
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