DECISION OF THE PANEL Sample Clauses

DECISION OF THE PANEL. The deliberation of the panel shall take place in closed session. The panel shall have the authority to adopt, reject, or modify the reclassification request. Two (2) of the three (3) panel members must agree for a reclassification to be adopted or rejected. All panel members shall sign the decision. No dissenting opinion shall be issued. The decision of the panel shall be binding and shall be effective on the July first following the decision.
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DECISION OF THE PANEL. The decisions of the Panel are final and binding but not precedent setting If the grievance procedure has not been followed as outlined in the contract, then the Panel shall dismiss the case or refer it back to the parties. Preliminary objections regarding the qualifications or eligibility of the employee or his grievance to be before the Panel are left to the discretion of the Panel. A preliminary objection to the of a grievance must be provided in writing to the other party prior to the hearing.
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DECISION OF THE PANEL. The Panel therefore decides, in the case under consideration, that:
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DECISION OF THE PANEL. The decisions of the Panel and Arbitrator are final and binding but not precedent setting. C BACKGROUND TO THE DISPUTE
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DECISION OF THE PANEL. 25. In its electronic message to the parties on 11 October 2005, the Panel indicated that it would simply take note of the amicable settlement of the dispute if the parties reached an agreement. On 19 October 2005, the parties informed the Panel that they had reached a mutually acceptable solution. Nevertheless, Xxxxxxx did not withdraw its request for an independent review, as it could have done according to paragraph 11.1 of the Rules of Procedure for the Operation of Independent Reviews under Article 4 of the WTO Agreement on Preshipment Inspection. In an electronic message dated 19 October 2005, Xxxxxxx asked that the parties' agreement be endorsed by the Panel and that the latter indicate to each party the action to be taken for the purpose of practical implementation of the Panel's decision. In reply to this message, on 20 October 2005 in an electronic mail, the SGS indicated that it wished to uphold the position taken by the Panel in its communication to the parties dated 11 October. The SGS added that, in its view, the direct conciliation procedure between the parties suggested by the Panel and accepted by Alcatel and the SGS could in no way be confused with the procedure before the Independent Entity, which had been suspended until Wednesday, 19 October. 26. The Panel wishes to reaffirm its communication of 11 October, on the basis of which the parties agreed to seek an amicable settlement. The Panel notes that the parties themselves had specified the elements of their agreement in their exchange of electronic mail on 19 October. In accordance with the indications given to the parties, the Panel takes note of the terms of agreement as set out in the communications from the parties dated 19 October 2005. 27. In particular, the Panel notes the following: (a) The information transmitted to the SGS by Xxxxxxx CIT in connection with the amicable settlement procedure initiated on 11 October 2005, according to the SGS, removes the reasonable doubts that previously existed in the opinion of the SGS on the transaction value proposed by Alcatel CIT; (b) consequently, the SGS will accept the values defined contractually between Alcatel and Mauritel Mobiles as the legal basis for its determination of the customs import value; (c) accordingly, the SGS will amend its technical opinion sent to the Mauritanian Customs Administration; (d) the SGS will contact Mauritel Mobiles without delay in order to amend the verification attestations relating to the present pro...
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Related to DECISION OF THE PANEL

  • Decision of the Board The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chairperson shall be the decision of the Board. The decision of the Board of Arbitration shall be final, binding and enforceable on all parties, and may not be changed. The Board of Arbitration shall not have the power to change this Agreement or to alter, modify or amend any of its provisions. However, the Board shall have the power to dispose of a grievance by any arrangement which it deems just and equitable.

  • Decision of the Arbitrator The decision of the arbitrator shall be final, binding, and enforceable on the Parties. The arbitrator shall have the power to dispose of a grievance by any arrangement deemed just and equitable. However, the arbitrator shall not have the power to change this Agreement by altering, modifying, or amending any provision.

  • Decision of Board ‌ The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chair shall be the decision of the Board. The decision of the Arbitration Board shall be final, binding, and enforceable on the parties. The Board shall have the power to dispose of a discharge or discipline grievance by any arrangement which it deems just and equitable. However, the Board shall not have the power to change this agreement or to alter, modify, or amend any of its provisions.

  • Role of the panel 1. The role of the Panel shall be to make an objective assessment of the dispute under its consideration, including an examination of the facts of the case and the applicability of and conformity with this Agreement, incorporating necessary findings for settling the dispute. 2. The report of the Panel shall be binding on the disputing Parties. 3. The Panel shall take its decisions by consensus. However, if the Panel is unable to reach consensus, it may take its decisions by majority vote. 4. Where a Panel concludes that a measure is inconsistent with this Agreement, it shall recommend that the Party complained against bring the measure into conformity with this Agreement. In addition to these recommendations, the Panel will be entitled to suggest ways in which the Party complained against could implement the recommendations. 5. The Panel, in its findings and recommendations, may not add to or diminish the rights and obligations provided in this Agreement. 1. The procedure before the Panel shall be conducted in accordance with the Model Rules of Procedure set out in Annex 12 (Model Rules of Procedure). Exceptionally, the disputing Parties may agree on different rules to be applied by the Panel. 2. The Model Rules of Procedure are necessary for the good development of all the steps in this Chapter. In addition, these rules shall regulate the development of the procedure, pursuant to the following principles: (a) the procedures shall ensure the right to at least one hearing before the Panel, as well as the opportunity for each disputing Party to provide initial and rebuttal written submissions, and allow the use of any technological means to ensure its authenticity; and (b) the hearings before the Panel, the deliberations, as well as all the submissions and communications submitted during the hearings, shall be confidential.

  • Relation of the Parties No Beneficiary. No term, provision or requirement, whether express or implied, of any Loan Document, or actions taken or to be taken by any party thereunder, shall be construed to create a partnership, association, or joint venture between such parties or any of them. No term or provision of any Loan Document shall be construed to confer a benefit upon, or grant a right or privilege to, any Person other than the parties hereto.

  • Decision of Arbitrator The decision of the Arbitrator will be final, binding and enforceable on the parties. The Arbitrator will have the power to dispose of a dismissal, discharge or discipline grievance by any arrangement which they deem just and equitable. However, the Arbitrator will not have the power to change this agreement or to alter, modify or amend any of its provisions.

  • Selection of the Arbitrator a) Arbitration shall be by a single arbitrator. b) The central parties shall select a mutually agreed upon arbitrator. c) The central parties may refer multiple grievances to a single arbitrator. d) Where the central parties are unable to agree upon an arbitrator within 10 days of referral to arbitration, either central party may request that the Minister of Labour appoint an arbitrator. e) The remuneration and expenses of the arbitrator shall be shared equally between the central parties.

  • Decision Making The Joint Development Committee and Joint Commercialization Committee shall each act by unanimous agreement of its members, with each Party having one vote. If the Joint Development Committee or Joint Commercialization Committee, after [* * *] (or such other period as the Parties may otherwise agree) of good faith efforts to reach a unanimous decision on an issue, fails to reach such a unanimous decision, then either Party may refer such issue to the Executive Officers. Such Executive Officers shall meet promptly thereafter and shall negotiate in good faith to resolve the issues. If Executive Officers cannot resolve such issue within [* * *] of referral of such issue to the Executive Officers, the resolution of such issue shall be as follows: (a) if such issue properly originated at the Joint Development Committee, determined by the Developing Party of the relevant Licensed Compound or Licensed Product at issue; provided that, notwithstanding the foregoing: (i) if Acceleron is the Developing Party and such issue relates to (x) the approval of an Additional Development Disease, or (y) matters under Section 5.6.3(d), then such issue shall be determined by [* * *]; (ii) regardless of which Party is the Developing Party, such issue shall be determined by [* * *] following the earliest of: (x) [* * *], and (y) the Joint Development Committee’s decision to go forward with a Phase 3 Clinical Trial of the relevant Licensed Compound or Licensed Product; provided that [* * *] shall continue to determine any issues that relate to the budget for and the conduct of the [* * *]; and (iii) regardless of which Party is the Developing Party, such issue shall be determined by [* * *] following the earliest of: (x) [* * *], and (y) the occurrence of any [* * *]; and (b) if such issue properly originated at the Joint Commercialization Committee, determined by Celgene. Notwithstanding the foregoing, none of Acceleron, Celgene, the Joint Development Committee or the Joint Commercialization Committee may make any decision inconsistent with the express terms of this Agreement without the prior written consent of each Party.

  • Report of the panel 1. Unless the Parties otherwise agree, the Panel shall base its report on the relevant provisions of this Agreement, the submissions and arguments of the disputing Parties, and on any information received by it pursuant to Article 181 (Model 2. Unless the Parties otherwise agree, the Panel shall present the report to the disputing Parties, within 120 days, or 90 days in the event of urgent matters, after the last Panelist is selected. 3. Only in exceptional cases, if the Panel considers it cannot release its report within 120 days or 90 days in the event of urgent matters, it shall inform the Parties in writing of the justifying reasons for the delay together with an estimate of the period within which it will release its report. Any delay shall not exceed a further period of 30 days unless the Parties otherwise agree. 4. The report shall contain: (a) the finding along with its factual and legal basis; (b) the determination as to whether a Party has not conformed with its obligations under this Agreement or any other determination requested in the terms of reference; and (c) its recommendations for the implementation of the decision pursuant to paragraph 4 of Article 180 (Role of the Panel). 5. The Panelists may furnish separate opinions on matters not unanimously agreed. 6. No Panel may disclose which Panelists are associated with majority or minority opinions. 7. Unless the Parties agree otherwise, the report shall be available to the public within 30 days thereafter, subject to the protection of confidential information.

  • Decision The decision by the arbitrator shall be rendered within thirty (30) days after the close of the hearing. Decisions by the arbitrator in cases properly before him shall be final and binding upon the parties, subject, however, to the limitations of arbitration decisions as provided by the P.E.L.R.A.

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