Common use of Panel Report Clause in Contracts

Panel Report. 1. Unless the Parties otherwise agree, the panel shall, within 90 days after the chair is appointed, present to the Parties an initial report containing findings of fact and its determination as to: (a) (i) whether the measure at issue is inconsistent with the obligations of this Agreement; (ii) whether a Party has otherwise failed to carry out its obligations under this Agreement; or (iii) whether the measure at issue is causing nullification or impairment in the sense of Article 20.2.1(c); and (b) any other matter that the Parties have jointly requested that the panel address, as well as the reasons for its findings and determinations. 2. The panel shall base its report on the relevant provisions of this Agreement and the submissions and arguments of the Parties. The panel shall consider this Agreement in accordance with customary rules of interpretation of public international law, such as the ones established in the Vienna Convention on the Law of Treaties (1969). The panel may, at the request of the Parties, make recommendations for the resolution of the dispute. 3. Each Party may submit written comments to the panel on its initial report within 14 days of the presentation of the report. After considering any written comments by the Parties on the initial report, the panel may modify its report and make any further examination it considers appropriate. 4. The panel shall present a final report to the Parties within 30 days of the presentation of the initial report, unless the Parties otherwise agree. The Parties shall make the final report available to the public within 15 days thereafter, subject to the protection of confidential information.