advisors agree in writing not to disclose to any other person any information received during the course of

the arbitration proceedings from either competent authority or the arbitration panel. The mutual agreement

procedure under the Covered Tax Agreement, as well as the arbitration proceeding under this Part, with

respect to the case shall terminate if, at any time after a request for arbitration has been made and before the

arbitration panel has delivered its decision to the competent authorities of the Contracting Jurisdictions, a

person that presented the case or one of that person’s advisors materially breaches that agreement.

6. Notwithstanding paragraph 4, a Party that does not choose to apply paragraph 5 may reserve the right for paragraph 5 not to apply with respect to one or more identified Covered Tax Agreements or with respect

to all of its Covered Tax Agreements.

7. A Party that chooses to apply paragraph 5 may reserve the right for this Part not to apply with respect to all Covered Tax Agreements for which the other Contracting Jurisdiction makes a reservation pursuant to

paragraph 6.

Article 24 – Agreement on a Different Resolution

1. For purposes of applying this Part with respect to its Covered Tax Agreements, a Party may choose to apply paragraph 2 and shall notify the Depositary accordingly. Paragraph 2 shall apply in relation to two

Contracting Jurisdictions with respect to a Covered Tax Agreement only where both Contracting

Jurisdictions have made such a notification.

2. Notwithstanding paragraph 4 of Article 19 (Mandatory Binding Arbitration), an arbitration decision pursuant to this Part shall not be binding on the Contracting Jurisdictions to a Covered Tax Agreement and

shall not be implemented if the competent authorities of the Contracting Jurisdictions agree on a different

resolution of all unresolved issues within three calendar months after the arbitration decision has been

delivered to them.

3. A Party that chooses to apply paragraph 2 may reserve the right for paragraph 2 to apply only with respect to its Covered Tax Agreements for which paragraph 2 of Article 23 (Type of Arbitration Process)

applies.

Article 25 – Costs of Arbitration Proceedings

In an arbitration proceeding under this Part, the fees and expenses of the members of the arbitration panel,

as well as any costs incurred in connection with the arbitration proceedings by the Contracting Jurisdictions,

shall be borne by the Contracting Jurisdictions in a manner to be settled by mutual agreement between the

competent authorities of the Contracting Jurisdictions. In the absence of such agreement, each Contracting

Jurisdiction shall bear its own expenses and those of its appointed panel member. The cost of the chair of the

arbitration panel and other expenses associated with the conduct of the arbitration proceedings shall be borne

by the Contracting Jurisdictions in equal shares.

Article 26 – Compatibility

1. Subject to Article 18 (Choice to Apply Part VI), the provisions of this Part shall apply in place of or in the absence of provisions of a Covered Tax Agreement that provide for arbitration of unresolved issues

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