Common use of Panel Report Clause in Contracts

Panel Report. 1. Unless the Parties otherwise agree, a panel shall, within 120 days after the last panelist is appointed, issue to the Parties an interim report. 2. In exceptional cases, if the panel considers it cannot issue its interim report within the period of 120 days, it shall inform the Parties in writing of the 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. 3. 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, including those codified in the Vienna Convention on the Law of Treaties (1969). 4. Each Party may submit written comments to the panel on its interim report within 15 days of the presentation of the report. After considering any written comments by the Parties on the interim report, the panel may modify its report and make any further examination it considers appropriate. 5. The panel shall present a final report to the Parties within 45 days of the presentation of the interim report, unless the Parties otherwise agree. The Parties shall make the final report available to the public within 15 days after the issuance of the final report, subject to the protection of confidential information, unless the Parties decide not to do so. 6. The panel shall make every effort to take its decision by consensus. If the panel is unable to reach consensus, it may take its decision by majority vote. Panelists may furnish dissenting or separate opinions on matters not unanimously agreed. All opinions expressed in the panel report by individual panelists shall be anonymous. 7. The final report of the panel shall be final and binding on the Parties for the dispute and shall not create any rights or obligations for persons. The final report shall set out the findings of fact, the applicability of the relevant provisions of this Agreement and the basic rationale behind any findings and conclusions that the panel makes.

Panel Report. 1. Unless the Parties to the dispute otherwise agree, a the panel shall, within 120 90 days after the last panelist chair is appointed, issue present to the Parties to the dispute an interim reportinitial report containing findings of fact and its determination as to: (i) whether the measure at issue is inconsistent with the obligations of this Agreement; (ii) whether a Party to the dispute 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 22.2.1(c); and (b) any other matter that the Parties to the dispute have jointly requested that the panel address, as well as the reasons for its findings and determinations. 2. In exceptional cases, if When the panel considers that it cannot issue provide its interim report within the period of 120 90 days, it shall inform the Parties to the dispute in writing of the reasons for the delay together with an estimate of the period within which it will release provide its report. Any delay In no case should the period to provide the report exceed 120 days. The panel shall not exceed a further period of 30 days unless inform the Parties otherwise agreeto the dispute of any determination under this paragraph no later than seven days after the initial written submission of the complaining Party or Parties and shall adjust the remainder of the schedule accordingly. 3. 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, including those codified such as the ones established in the Vienna Convention on the Law of Treaties (1969). The panel may, at the request of the Parties to the dispute, make recommendations for the resolution of the dispute. 4. Each Party to the dispute may submit written comments to the panel on its interim initial report within 15 14 days of the presentation of the report. After considering any written comments by the Parties to the dispute on the interim initial report, the panel may modify its report and make any further examination it considers appropriate. 5. The panel shall present a final report to the Parties within 45 30 days of the presentation of the interim initial report, unless the Parties to the dispute otherwise agree. The Parties shall make the final report available to the public within 15 days after the issuance of the final reportthereafter, subject to the protection of confidential information, unless the Parties decide not to do so. 6. The panel shall make every effort to take its decision by consensus. If the panel is unable to reach consensus, it may take its decision by majority vote. Panelists may furnish dissenting or separate opinions on matters not unanimously agreed. All opinions expressed in the panel report by individual panelists shall be anonymous. 7. The final report of the a panel shall be final and binding on unless the Parties for to the dispute and shall not create any rights or obligations for personsotherwise agree. The final report of the panel shall set out the findings of fact, the applicability of the relevant provisions of this Agreement and the basic rationale behind any findings and conclusions that the panel it makes.

Panel Report. 1. Unless the Parties otherwise agreeagree otherwise, a the panel shallshall base its report on the relevant provisions of this Agreement, within 120 days after the last panelist is appointedsubmissions and arguments of the Parties, issue or any information received by the panel pursuant to the Parties an interim reportArticle 18.10. 2. In Unless the Parties agree otherwise, the panel shall submit the initial report to the Parties within 90 days, or 60 days in urgent cases, of the appointment of the last panelist. 3. Only in exceptional cases, if the panel considers that it cannot issue its interim initial report within the period of 120 days90 days or 60 days in urgent cases, it shall inform the Parties in writing of the reasons for the delay delay, together with an estimate of the period time within which it will release issue its report. Any delay shall not exceed a further period of an additional 30 days days, unless the Parties otherwise agree. 3. 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, including those codified in the Vienna Convention on the Law of Treaties (1969)agree otherwise. 4. Each The report shall contain: (a) findings of fact and conclusions of law; (b) determinations as to whether or not a Party may submit written comments to has complied with its obligations under this Agreement and any other determinations requested in the panel on terms of reference; and (c) its interim report within 15 days recommendations for the implementation of the presentation of the report. After considering any written comments by the Parties on the interim reportdecision, the panel may modify its report and make any further examination it considers appropriatewhere either Party so requests. 5. The panel shall present a not disclose confidential information in any of its reports, but may state findings derived from such information. 6. A Party to the dispute may submit written comments or request clarification in writing on the initial report to the panel within 15 days of the submission of the initial report, or within any other period of time established by the panel. After considering such comments and requests, the panel shall endeavor to respond to such comments and requests and, to the extent it deems appropriate, shall develop additional analysis. For this purpose, the panel may, on its own motion or at the request of any Party: (a) request observations from any Party; (b) conduct any due diligence it considers appropriate; or (c) reconsider the initial report. 7. The Panel shall submit the final report to the Parties within 45 30 days of the presentation submission of the interim initial report, unless the Parties otherwise agreeagree on a different time period. 8. The Unless the Parties agree otherwise, the Parties shall make the final report publicly available to the public within 15 days after of its submission to the issuance of the final reportParties, subject to the protection of confidential information, unless the Parties decide not to do so. 6. The panel shall make every effort to take its decision by consensus. If the panel is unable to reach consensus, it may take its decision by majority vote. Panelists may furnish dissenting or separate opinions on matters not unanimously agreed. All opinions expressed in the panel report by individual panelists shall be anonymous. 7. The final report of the panel shall be final and binding on the Parties for the dispute and shall not create any rights or obligations for persons. The final report shall set out the findings of fact, the applicability of the relevant provisions of this Agreement and the basic rationale behind any findings and conclusions that the panel makes.