Common use of Arbitration Panel Report Clause in Contracts

Arbitration Panel Report. 1. The arbitration panel shall issue to the Parties an interim report setting out the findings of facts, the applicability of the relevant provisions and the basic rationale behind any findings within 90 days of the date of establishment of the arbitration panel. If the Parties agree, the interim report may also contain recommendations. Where the arbitration panel considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the Joint Committee in writing, stating the reasons for the delay and the date on which the panel plans to issue its interim report. Under no circumstances should the interim report be issued later than 120 days after the date of the establishment of the arbitration panel. 2. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 14 days of the issuance of the interim report. After considering any written comments by the Parties on the interim report, the arbitration panel may modify its report and make any further examination it considers appropriate. 3. The arbitration panel shall issue its final report to the Parties and to the Joint Committee within 120 days of the date of the establishment of the arbitration panel. Where the arbitration panel considers that this deadline cannot be met, the chairperson of the arbitration panel shall notify the Parties and the Joint Committee in writing, stating the reasons for the delay and the date on which the panel plans to issue its ruling. Under no circumstances should the ruling be issued later than 150 days after the date of the establishment of the arbitration panel. 4. The report of the arbitration panel shall be drafted without the presence of the Parties. The arbitration panel shall base its report on the relevant provisions of the Korea- Turkey FTA, and the submissions and arguments of the Parties, and may take into account any other relevant information provided to the arbitration panel. 5. Arbitration panels shall interpret the Korea-Turkey FTA, in accordance with customary rules of interpretation of public international law and due account being taken of the fact that the Parties shall perform the Korea-Turkey FTA, in good faith and avoid circumvention of their obligations. 6. On matters of urgency, including those regarding perishable goods, the arbitration panel shall make every effort to issue its interim and final reports to the Parties within half of the respective time periods under paragraphs 1 and 3. The arbitration panel may issue a preliminary report on whether a case is urgent. 7. The report of the arbitration panel shall be final and binding on the Parties. 8. The report of the arbitration panel shall contain both the descriptive part summarizing the submissions and arguments of the Parties and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its report. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided in the Korea-Turkey FTA.

Arbitration Panel Report. 1. The arbitration panel reports of the Arbitration Panel shall be drafted without the presence of the Parties. The Arbitration Panel shall base its reports on the relevant provisions of this Agreement and the submissions and arguments of the Parties, and may take into account any other relevant information provided to the Arbitration Panel in accordance with paragraph 8 of Article 12.9 (Functions and Proceedings of the Arbitration Panel). 2. The Arbitration Panel shall issue to the Parties an interim initial report setting out the findings of facts, the applicability of the relevant provisions and provisions, the basic rationale behind any findings and its conclusions within 90 days of the date of establishment of the arbitration panel. If the Parties agree, the interim report may also contain recommendationsArbitration Panel. Where the arbitration panel Arbitration Panel considers that this deadline it cannot be metissue its initial report within 90 days, the chairperson of the arbitration panel must notify it shall inform the Parties and the Joint Committee in writing, stating writing of the reasons for the delay and together with an estimate of the date on period within which the panel plans to it will issue its interim report. Under no circumstances should the interim initial report be issued later than 120 days after the date of the establishment of the arbitration panelArbitration Panel. 23. Any Party may submit a written request for comments to the arbitration panel to review precise aspects of the interim Arbitration Panel on its initial report within 14 days of the issuance of the interim reportits issuance. After considering any written comments by the Parties on the interim initial report, the arbitration panel Arbitration Panel may modify reconsider its report and make any further examination it considers appropriate. 34. The arbitration panel Arbitration Panel shall issue its final report to the Parties and to the Joint Committee within 120 days of the date of the establishment of the arbitration panelArbitration Panel. Where the arbitration panel Arbitration Panel considers that this deadline it cannot be metissue its final report within 120 days, the chairperson of the arbitration panel it shall notify inform the Parties and the Joint Committee in writing, stating writing of the reasons for the delay and together with an estimate of the date on period within which the panel plans to it will issue its rulingreport. Under no circumstances should the ruling be issued later than 150 days after the date of the establishment of the arbitration panelArbitration Panel. 45. The final report of shall contain: (a) the arbitration panel shall be drafted without the presence of the Parties. The arbitration panel shall base its report on the relevant provisions of the Korea- Turkey FTA, and descriptive part summarising the submissions and arguments of the Parties, and may take into account any other relevant information provided to ; (b) the arbitration panel. 5. Arbitration panels shall interpret the Korea-Turkey FTA, in accordance with customary rules of interpretation of public international law and due account being taken findings of the fact fact; (c) the applicability of relevant provisions and the basic rationale behind any findings; (d) recommendation that the Party complained against bring the measure into conformity with the obligations under this Agreement; and (e) recommendations, if the Parties shall perform agree, on the Korea-Turkey FTA, in good faith and avoid circumvention of their obligationsmeans to resolve the dispute. 6. The report of the Arbitration Panel shall be final and binding on the Parties. 7. The findings and determinations of the Arbitration Panel and, if applicable, any recommendations cannot add to or diminish the rights and obligations of the Parties provided in this Agreement. 8. On matters of urgency, including those regarding perishable goods, the arbitration panel Arbitration Panel shall make every effort to issue its interim and final reports to the Parties within half of the respective time periods under paragraphs 1 2 and 34. The arbitration panel Arbitration Panel may issue give a preliminary report on whether a case is urgent. 7. The report of the arbitration panel shall be final and binding on the Parties. 8. The report of the arbitration panel shall contain both the descriptive part summarizing the submissions and arguments of the Parties and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its report. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided in the Korea-Turkey FTA.

Arbitration Panel Report. 1. The arbitration panel shall issue notify an interim report to the Parties an interim report setting out the findings of factsfact, the applicability of the relevant provisions and the basic rationale behind any findings within and recommendations that it makes, no later than 90 days of after the date of establishment of the arbitration panel. If the Parties agree, the interim report may also contain recommendations. Where the arbitration panel it considers that this deadline cannot be met, the chairperson of the arbitration panel must shall notify the Parties and the Joint Association Committee in Trade configuration, as set out in Article 408(4) of this Agreement, in writing, stating the reasons for the delay and the date on which the panel plans to issue notify its interim report. Under no circumstances should the interim report be issued notified later than 120 days after the date of the establishment of the arbitration panel. The interim report shall not be made public. 2. Any A Party may submit a written request for to the arbitration panel to review precise aspects of the interim report within 14 days of its notification. 3. In cases of urgency, including those involving perishable goods or seasonal goods or services, the issuance arbitration panel shall make every effort to notify its interim report within 45 days and, in any case, no later than 60 days after the date of establishment of the arbitration panel. A Party may submit a written request to the arbitration panel to review precise aspects of the interim report, within 7 days of the notification of the interim report. 4. After considering any written comments by the Parties on the interim report, the arbitration panel may modify its report and make any further examination it considers appropriate. The findings of the final panel ruling shall include a sufficient discussion of the arguments made at the interim review stage, and shall answer clearly to the questions and observations of the two Parties. 35. The arbitration panel In respect of a dispute concerning Chapter 11 (Trade-related energy) of Title IV (Trade and Trade-related Matters) of this Agreement which a Party considers to be urgent because of an interruption, in full or in part, of any transport of natural gas, oil or electricity or a threat thereof, between the Parties, the interim report shall issue its final report to the Parties and to the Joint Committee within 120 be notified 20 days of after the date of the establishment of the arbitration panel. Where the arbitration panel considers that , and any request pursuant to paragraph 2 of this deadline cannot Article shall be met, the chairperson made within five days of the arbitration panel shall notify the Parties and the Joint Committee in writing, stating the reasons for the delay and the date on which the panel plans to issue its ruling. Under no circumstances should the ruling be issued later than 150 days after the date notification of the establishment of the arbitration panel. 4. The report of the arbitration panel shall be drafted without the presence of the Parties. The arbitration panel shall base its report on the relevant provisions of the Korea- Turkey FTA, and the submissions and arguments of the Parties, and may take into account any other relevant information provided to the arbitration panel. 5. Arbitration panels shall interpret the Korea-Turkey FTA, in accordance with customary rules of interpretation of public international law and due account being taken of the fact that the Parties shall perform the Korea-Turkey FTA, in good faith and avoid circumvention of their obligations. 6. On matters of urgency, including those regarding perishable goods, the arbitration panel shall make every effort to issue its interim and final reports to the Parties within half of the respective time periods under paragraphs 1 and 3written report. The arbitration panel may issue a preliminary report on whether a case is urgentalso decide to dispense with the interim report. 7. The report of the arbitration panel shall be final and binding on the Parties. 8. The report of the arbitration panel shall contain both the descriptive part summarizing the submissions and arguments of the Parties and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its report. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided in the Korea-Turkey FTA.

Arbitration Panel Report. 1. The arbitration panel reports of the Arbitration Panel shall be drafted without the presence of the Parties. The Arbitration Panel shall base its reports on the relevant provisions of this Agreement and the submissions and arguments of the Parties, and may take into account any other relevant information provided to the Arbitration Panel in accordance with paragraph 8 of Article 12.9 (Functions and Proceedings of the Arbitration Panel). 2. The Arbitration Panel shall issue to the Parties an interim initial report setting out the findings of facts, the applicability of the relevant provisions and provisions, the basic rationale behind any findings and its conclusions within 90 days of the date of establishment of the arbitration panel. If the Parties agree, the interim report may also contain recommendationsArbitration Panel. Where the arbitration panel Arbitration Panel considers that this deadline it cannot be metissue its initial report within 90 days, the chairperson of the arbitration panel must notify it shall inform the Parties and the Joint Committee in writing, stating writing of the reasons for the delay and together with an estimate of the date on period within which the panel plans to it will issue its interim report. Under no circumstances should the interim initial report be issued later than 120 days after the date of the establishment of the arbitration panelArbitration Panel. 23. Any Party may submit a written request for comments to the arbitration panel to review precise aspects of the interim Arbitration Panel on its initial report within 14 days of the issuance of the interim reportits issuance. After considering any written comments by the Parties on the interim initial report, the arbitration panel Arbitration Panel may modify reconsider its report and make any further examination it considers appropriate. 34. The arbitration panel Arbitration Panel shall issue its final report to the Parties and to the Joint Committee within 120 days of the date of the establishment of the arbitration panelArbitration Panel. Where the arbitration panel Arbitration Panel considers that this deadline it cannot be metissue its final report within 120 days, the chairperson of the arbitration panel it shall notify inform the Parties and the Joint Committee in writing, stating writing of the reasons for the delay and together with an estimate of the date on period within which the panel plans to it will issue its rulingreport. Under no circumstances should the ruling be issued later than 150 days after the date of the establishment of the arbitration panelArbitration Panel. 45. The final report of shall contain: (a) the arbitration panel shall be drafted without the presence of the Parties. The arbitration panel shall base its report on the relevant provisions of the Korea- Turkey FTA, and descriptive part summarising the submissions and arguments of the Parties, and may take into account any other relevant information provided to ; (b) the arbitration panel. 5. Arbitration panels shall interpret the Korea-Turkey FTA, in accordance with customary rules of interpretation of public international law and due account being taken findings of the fact fact; (c) the applicability of relevant provisions and the basic rationale behind any findings; (d) recommendation that the Parties shall perform Party complained against bring the Korea-Turkey FTAmeasure into conformity with the obligations under this Agreement; and (e) recommendations, in good faith and avoid circumvention of their obligations. 6. On matters of urgency, including those regarding perishable goods, the arbitration panel shall make every effort to issue its interim and final reports to if the Parties within half of agree, on the respective time periods under paragraphs 1 and 3means to resolve the dispute. The arbitration panel may issue a preliminary report on whether a case is urgent. 76. The report of the arbitration panel Arbitration Panel shall be final and binding on the Parties. 8. The report of the arbitration panel shall contain both the descriptive part summarizing the submissions and arguments of the Parties and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its report. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided in the Korea-Turkey FTA.

Arbitration Panel Report. 1. The arbitration panel shall issue to the Parties an interim report setting out the findings of facts, the applicability of the relevant provisions and the basic rationale behind any findings within 90 days of the date of establishment of the arbitration panel. If the Parties agree, the interim report may also contain recommendations. Where the arbitration panel considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the Joint Committee in writing, stating the reasons for the delay and the date on which the panel plans to issue its interim report. Under no circumstances should the interim report be issued later than 120 days after the date of the establishment of the arbitration panel. 2. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 14 days of the issuance of the interim report. After considering any written comments by the Parties on the interim report, the arbitration panel may modify its report and make any further examination it considers appropriate. 3. The arbitration panel shall issue its final report to the Parties and to the Joint Committee within 120 days of the date of the establishment of the arbitration panel. Where the arbitration panel considers that this deadline cannot be met, the chairperson of the arbitration panel shall notify the Parties and the Joint Committee in writing, stating the reasons for the delay and the date on which the panel plans to issue its ruling. Under no circumstances should the ruling be issued later than 150 days after the date of the establishment of the arbitration panel. 4. The report of the arbitration panel shall be drafted without the presence of the Parties. The arbitration panel shall base its report on the relevant provisions of the Korea- Turkey Turkey-Korea FTA, and the submissions and arguments of the Parties, and may take into account any other relevant information provided to the arbitration panel. 5. Arbitration panels shall interpret the KoreaTurkey-Turkey Korea FTA, in accordance with customary rules of interpretation of public international law and due account being taken of the fact that the Parties shall perform the KoreaTurkey-Turkey Korea FTA, in good faith and avoid circumvention of their obligations. 6. On matters of urgency, including those regarding perishable goods, the arbitration panel shall make every effort to issue its interim and final reports to the Parties within half of the respective time periods under paragraphs 1 and 3. The arbitration panel may issue a preliminary report on whether a case is urgent. 7. The report of the arbitration panel shall be final and binding on the Parties. 8. The report of the arbitration panel shall contain both the descriptive part summarizing the submissions and arguments of the Parties and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its report. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided in the KoreaTurkey-Turkey Korea FTA.

Arbitration Panel Report. 1. The arbitration panel shall issue to the Parties an interim report setting out the findings of facts, the applicability of the relevant provisions and the basic rationale behind any findings within 90 days of the date of establishment of the arbitration panel. If the Parties agree, the interim report may also contain recommendations. Where the arbitration panel considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the Joint Committee in writing, stating the reasons for the delay and the date on which the panel plans to issue its interim report. Under no circumstances should the interim report be issued later than 120 days after the date of the establishment of the arbitration panel. 2. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 14 days of the issuance of the interim report. After considering any written comments by the Parties on the interim report, the arbitration panel may modify its report and make any further examination it considers appropriate. 3. The arbitration panel shall issue its final report to the Parties and to the Joint Committee within 120 days of the date of the establishment of the arbitration panel. Where the arbitration panel considers that this deadline cannot be met, the chairperson of the arbitration panel shall notify the Parties and the Joint Committee in writing, stating the reasons for the delay and the date on which the panel plans to issue its ruling. Under no circumstances should the ruling be issued later than 150 days after the date of the establishment of the arbitration panel. 4. The report of the arbitration panel shall be drafted without the presence of the Parties. The arbitration panel shall base its report on the relevant provisions of the Korea- Turkey Turkey- Korea FTA, and the submissions and arguments of the Parties, and may take into account any other relevant information provided to the arbitration panel. 5. Arbitration panels shall interpret the KoreaTurkey-Turkey Korea FTA, in accordance with customary rules of interpretation of public international law and due account being taken of the fact that the Parties shall perform the KoreaTurkey-Turkey Korea FTA, in good faith and avoid circumvention of their obligations. 6. On matters of urgency, including those regarding perishable goods, the arbitration panel shall make every effort to issue its interim and final reports to the Parties within half of the respective time periods under paragraphs 1 and 3. The arbitration panel may issue a preliminary report on whether a case is urgent. 7. The report of the arbitration panel shall be final and binding on the Parties. 8. The report of the arbitration panel shall contain both the descriptive part summarizing the submissions and arguments of the Parties and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its report. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided in the KoreaTurkey-Turkey Korea FTA.

Arbitration Panel Report. 1. The arbitration panel shall issue an interim report to the Parties an interim report setting out out: (a) a summary of the submissions and arguments of the Parties; (b) the findings of factsfact, together with reasons; (c) its determination as to the applicability interpretation or application of the relevant provisions and of this Agreement or whether a measure at issue is inconsistent with the basic rationale behind provisions of this Agreement or whether a Party has failed to carry out its obligations under the provisions of this Agreement, or any findings within other determination requested in the terms of reference; and (d) if there is a determination of inconsistency, its recommendation that the Party complained against bring the measure into conformity with the obligations under this Agreement and, if the Parties agree, on the means to resolve the dispute, not later than 90 days of from the date of establishment of the arbitration panel. If the Parties agree, the interim report may also contain recommendations. Where the arbitration panel it considers that this deadline cannot be met, the chairperson of the arbitration panel must notify the Parties and the Joint Committee in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its interim report. Under no circumstances should the arbitration panel issue its interim report be issued later than 120 days after the date of the establishment of the arbitration panelits establishment. 2. Any Party may submit a written request for the arbitration panel to review precise aspects of the interim report within 14 30 days of the issuance of the interim reportits notification. 3. After considering any written comments by the Parties on the interim report, the arbitration panel may modify its report and make any further examination it considers appropriate. The final report shall set out the matters listed in paragraph 1, include a sufficient discussion of the arguments made at the interim review stage, and answer clearly to the written comments of the two Parties. 34. The arbitration panel shall issue its final report to the Parties and to the Joint Committee within 120 150 days of from the date of the establishment of the arbitration panel. Where the arbitration panel it considers that this deadline cannot be met, the chairperson of the arbitration panel shall notify the Parties and the Joint Committee in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue its rulingfinal report. Under no circumstances should the ruling be issued arbitration panel issue its final report later than 150 180 days after the date of the establishment of the arbitration panel. 4. The report of the arbitration panel shall be drafted without the presence of the Parties. The arbitration panel shall base its report on the relevant provisions of the Korea- Turkey FTA, and the submissions and arguments of the Parties, and may take into account any other relevant information provided to the arbitration panelestablishment. 5. Arbitration panels shall interpret the Korea-Turkey FTA, in accordance with customary rules of interpretation of public international law and due account being taken of the fact that the Parties shall perform the Korea-Turkey FTA, in good faith and avoid circumvention of their obligations. 6. On matters In cases of urgency, including those regarding involving perishable goods, : (a) the arbitration panel shall make every effort to issue its interim and final reports to the Parties within half of the respective time periods under paragraphs 1 and 34. The Under no circumstances should the arbitration panel issue its final report later than 90 days after the date of its establishment; (b) any Party may issue submit a preliminary written request for the arbitration panel to review precise aspects of the interim report on whether a case is urgentwithin half of the time period under paragraph 2. 76. The Any findings, determinations and recommendations in the final report of the arbitration panel shall be final and binding on the Parties. 8, and shall not create any rights or obligations to any person. The For greater certainty, nothing in the final report of the arbitration panel shall contain both the descriptive part summarizing the submissions and arguments of the Parties and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its report. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided in the Korea-Turkey FTAunder this Agreement.

Arbitration Panel Report. 1. The arbitration panel shall issue notify an interim report to the Parties an interim report setting out the findings of factsfact, the applicability of the relevant provisions and the basic rationale behind any findings within and recommendations that it makes, not later than 90 days of after the date of establishment of the arbitration panel. If the Parties agree, the interim report may also contain recommendations. Where the arbitration panel it considers that this that deadline cannot be met, the chairperson of the arbitration panel must shall notify the Parties and the Joint Committee Political and Strategic Dialogue in Trade configuration, as set out in Article 375(3) of this Agreement, in writing, stating the reasons for the delay and the date on which the arbitration panel plans to issue notify its interim report. Under no circumstances should the interim report be issued notified later than 120 days after the date of the establishment of the arbitration panel. 2. Any A Party may submit a written request for to the arbitration panel to review precise aspects of the interim report within 14 days of its notification. 3. In cases of urgency, including those involving perishable goods or seasonal goods or services, the issuance arbitration panel shall make every effort to notify its interim report within 45 days and, in any case, no later than 60 days after the date of establishment of the arbitration panel. A Party may submit a written request to the arbitration panel to review precise aspects of the interim report, within 7 days of the notification of the interim report. 4. After considering any written comments by the Parties on the interim report, the arbitration panel may modify its report and make any further examination it considers appropriate. The findings of the final panel ruling shall include a sufficient discussion of the arguments made at the interim review stage, and shall answer clearly to the questions and observations of the Parties. 35. The arbitration panel In respect of a dispute concerning Chapter 11 (Trade-related Energy) of Title V (Trade and Trade-related Matters) of this Agreement which a Party considers to be urgent because of an interruption, in full or in part, of any transport of natural gas, oil or electricity or a threat thereof between the Parties, the interim report shall issue its final report to the Parties and to the Joint Committee within 120 be notified 20 days of after the date of the establishment of the arbitration panel. Where the arbitration panel considers that , and any request pursuant to paragraph 2 of this deadline cannot Article shall be met, the chairperson made within five days of the arbitration panel shall notify the Parties and the Joint Committee in writing, stating the reasons for the delay and the date on which the panel plans to issue its ruling. Under no circumstances should the ruling be issued later than 150 days after the date notification of the establishment of the arbitration panel. 4. The report of the arbitration panel shall be drafted without the presence of the Parties. The arbitration panel shall base its report on the relevant provisions of the Korea- Turkey FTA, and the submissions and arguments of the Parties, and may take into account any other relevant information provided to the arbitration panel. 5. Arbitration panels shall interpret the Korea-Turkey FTA, in accordance with customary rules of interpretation of public international law and due account being taken of the fact that the Parties shall perform the Korea-Turkey FTA, in good faith and avoid circumvention of their obligations. 6. On matters of urgency, including those regarding perishable goods, the arbitration panel shall make every effort to issue its interim and final reports to the Parties within half of the respective time periods under paragraphs 1 and 3written report. The arbitration panel may issue a preliminary report on whether a case is urgentalso decide to dispense with the interim report. 7. The report of the arbitration panel shall be final and binding on the Parties. 8. The report of the arbitration panel shall contain both the descriptive part summarizing the submissions and arguments of the Parties and the findings and determinations of the arbitration panel. If the Parties agree, the arbitration panel may make recommendations for resolution of the dispute in its report. The findings and determinations and, if applicable, any recommendations of the arbitration panel cannot add to or diminish the rights and obligations of the Parties provided in the Korea-Turkey FTA.