Functions of Panels Sample Clauses
The 'Functions of Panels' clause defines the roles and responsibilities assigned to panels within an agreement or organizational context. Typically, this clause outlines the specific tasks panels are authorized to perform, such as reviewing disputes, making recommendations, or issuing binding decisions on certain matters. By clearly delineating the scope of a panel's authority and duties, this clause ensures that all parties understand the panel's purpose and helps prevent confusion or disputes regarding its function.
Functions of Panels. 1. A panel shall make an objective assessment of the matter before it, including an objective assessment of:
(a) the facts of the case;
(b) the applicability of the relevant provisions of this Agreement cited by the Parties; and
(c) whether:
(i) the measure at issue is inconsistent with the obligations of this Agreement;
(ii) a Party has otherwise failed to carry out its obligations under this Agreement; or
(iii) the measure at issue is causing nullification or impairment in the sense of Article 20.2(c).
2. Unless the Parties otherwise agree within 20 days of the date of the delivery of the request for the establishment of the panel, the panel’s terms of reference shall be: “To examine, in the light of the relevant provisions of this Agreement cited by the Parties, the matter referenced in the request for the establishment of the panel, to make findings, determinations, and, if applicable, recommendations as provided in Articles 20.11.1 and 20.11.2 and to present the written reports referred to in Articles 20.11.1 and 20.11.4.”
3. This Article shall not apply to a panel reconvened under Article 20.13.4, 20.14.5, 20.14.6 or 20.15.1.
Functions of Panels. 1. The Panel shall consult the Parties to the dispute, as appropriate, and provide adequate opportunities for the development of a mutually satisfactory solution.
2. The Panel shall make an objective assessment of the dispute before it, including an objective assessment of:
(a) The facts of the case;
(b) The applicability of the provisions of this Agreement cited by the Parties to the dispute;
Functions of Panels. The panel shall make an objective assessment of the matter before it, including an objective assessment of: the facts of the case; the applicability of the provisions of this Agreement cited by the Parties to the dispute; and whether: the measure at issue is not in conformity with the obligations under this Agreement; or the Responding Party has otherwise failed to carry out its obligations under this Agreement. The panel shall have the following terms of reference unless the Parties to the dispute agree otherwise within 20 days of the date of the establishment of the panel: “To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of a panel made pursuant to paragraph 1 of Article 19.8 (Request for Establishment of a Panel), and to make findings and determinations as provided for in this Agreement.” The panel shall set out in its report: a descriptive section summarising the arguments of the Parties to the dispute and Third Parties; its findings on the facts of the case and on the applicability of the provisions of this Agreement; its determinations as to whether: the measure at issue is not in conformity with the obligations under this Agreement; or the Responding Party has otherwise failed to carry out its obligations under this Agreement; and the reasons for its findings and determinations referred to in subparagraphs (b) and (c). In addition to paragraph 3, a panel shall include in its report any other findings and determinations pertaining to the dispute which have been jointly requested by the Parties to the dispute or provided for in its terms of reference. The panel may suggest ways in which the Responding Party could implement the findings and determinations. Unless the Parties to the dispute agree otherwise, a panel shall base its report on the relevant provisions of this Agreement, the submissions and arguments of the Parties to the dispute, and any information or technical advice it has received in accordance with paragraphs 12 and 13 of Article 19.13 (Panel Procedures). A panel shall only make the findings, determinations, and suggestions provided for in this Agreement. Each Third Party’s submission shall be reflected in the report of the panel. The findings and determinations of the panel cannot add to or diminish the rights and obligations under this Agreement. The panel shall consult regularly with the Parties to the dispute and provide adequate opportunities for the...
Functions of Panels. 1. The arbitral panels shall make an objective assessment of the matter before it, including an objective assessment of:
(a) the facts of the case;
(b) the applicability of and conformity with the provisions of this Agreement that are relevant to the matter before the panel;
(c) whether the measure of the Responding Party is inconsistent with its obligations under this Agreement; and
(d) whether the Responding Party has otherwise failed to carry out its obligations under this Agreement.
2. The arbitral panel shall make the findings, determinations, and, if applicable, recommendations as referred to in the Terms of Reference and necessary for the resolution of the dispute.
3. The arbitral panel shall make the findings, determinations, and, when applicable, recommendations, in accordance with this Agreement.
4. The arbitral panel shall make its findings, determinations, and, when applicable, recommendations, including its report, by consensus. If a panel is unable to reach consensus, it may make its findings, determinations, and, when applicable, recommendations, including its report, by majority vote.
Functions of Panels. 1. The panels shall make an objective assessment of the matter before it, which includes:
(a) the facts of the case; (b) the applicability of, and conformity with, this Agreement that are relevant to the matter before the panel, and (c) whether the measure of the responding Party is inconsistent with its obligations under this Agreement or whether the responding Party has otherwise failed to carry out its obligations under this Agreement, as appropriate.
2. The panel shall make the findings, determinations and recommendations as are called for in its Terms of Reference and necessary for the resolution of the dispute. 3. A panel shall take its decisions by consensus, except that, if a panel is unable to reach consensus, it may take its decisions by majority vote. 4. A panel established under this Chapter shall interpret this Agreement in accordance with the customary rules of treaty interpretation of public international law. With respect to any provision of the WTO Agreement that has been incorporated into this Agreement, the panel may also consider relevant interpretations in reports of WTO panels and the Appellate Body adopted by the WTO Dispute Settlement Body. 5. The findings, determinations and, if applicable, any recommendations of the panel shall not add to or diminish the rights and obligations of the Parties under this Agreement.