Common use of Panel Reports Clause in Contracts

Panel Reports. 1. The arbitration panel shall draft its reports in line with the relevant provisions of this Chapter and based on the request for its establishment, the relevant provisions of this Agreement, as well as the submissions and arguments of the Parties. 2. The arbitration panel should, as a general rule, submit an initial report containing its findings and conclusions to the Parties no later than 90 days after the last panelist is selected. In urgent matters the arbitration panel should submit the initial report no later than 60 days from the date the last panelist is selected. Each Party may submit written comments to the arbitration panel on its initial report within 14 days of receipt of the report. 3. In exceptional cases, if the arbitration panel considers it cannot release its initial report within 90 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. 4. The arbitration panel shall present to the Parties a final report within 30 days, or 20 days in relation to urgent matters, after the submission of the initial report. 5. The final report, as well as any report under Articles 15.9 and 15.10, shall be communicated to the Parties. The reports shall be available to the public, unless the Parties decide otherwise, subject to the protection of confidential information. 6. The ruling of the arbitration panel on the consistency of the measure specified in the terms of reference with this Agreement (hereinafter referred to as “the ruling”) shall be final and binding upon the Parties.

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Panel Reports. 1. The arbitration panel shall draft its reports in line with the relevant provisions of this Chapter and based on the request for its establishment, the relevant provisions of this Agreement, as well as the submissions and arguments of the Parties. 2. The arbitration panel should, as a general rule, submit an initial report containing its findings and conclusions to the Parties no later than 90 days after the last panelist is selected. In urgent matters the arbitration panel should submit the initial report no later than 60 days from the date the last panelist is selected. Each Party may submit written comments to the arbitration panel on its initial report within 14 within14 days of receipt of the report. 3. In exceptional cases, ,if the arbitration panel considers it cannot release its initial report within 90 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 of30 days unless the Parties otherwise agree. 4. The arbitration panel shall present to the Parties a final report within 30 days, or 20 days in relation to urgent matters, after the submission of the initial report. 5. The final report, as well as any report under Articles 15.9 and 15.10, shall be communicated to the Parties. The reports shall be available to the public, unless the Parties decide otherwise, subject to the protection of confidential information. 6. The ruling of the arbitration panel on the consistency of the measure specified in the terms of reference with this Agreement (hereinafter referred to as "the ruling") shall be final and binding upon the Parties.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

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Panel Reports. 1. The arbitration Unless the Parties otherwise agree, the panel shall draft its issue reports in line accordance with the relevant provisions of this Chapter and based Chapter. 2. The panel shall base its reports on the request for its establishment, the relevant provisions of this AgreementAgreement applied and interpreted in accordance with the rules of interpretation of public international law, as well as the submissions and arguments of the PartiesParties and on any information and technical advice put before it pursuant to the provisions of this Chapter. 23. The arbitration panel should, as a general rule, submit shall present to the Parties an initial report containing its findings and conclusions to the Parties no later than within 90 days after the last panelist is selected. In urgent matters The report shall contain: (a) findings of fact; (b) determinations as to whether or not a Party has conformed with its obligations under this Agreement and any other finding or determination requested in the arbitration panel should submit terms of reference; and (c) recommendations for resolution of the dispute, if requested by a Party. 4. Notwithstanding the provisions of Article 2109, the initial report no later than 60 days from of the date the last panelist is selectedpanel shall be confidential. 5. Each A Party may submit written comments to the arbitration panel on its initial report within 14 days report, subject to time limits that may be set by the panel. After considering any such comments, the panel, on its own initiative or on the request of receipt a Party, may: (a) request the views of the a Party; (b) reconsider its report; or (c) make any further examination that it considers appropriate. 3. In exceptional cases, if the arbitration panel considers it cannot release its initial report within 90 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. 46. The arbitration panel shall present to the Parties a final report within 30 days, or 20 days in relation to urgent matters, after the submission of presentation of the initial report. 57. The final report, as well as any report under Articles 15.9 and 15.10, shall be communicated to the Parties. The reports shall be available to the public, unless Unless the Parties decide otherwise, the final report of the panel may be published by either Party 15 days after it is transmitted to the Parties, subject to the protection subparagraph 3(g) of confidential informationArticle 2109. 6. The ruling of the arbitration panel on the consistency of the measure specified in the terms of reference with this Agreement (hereinafter referred to as “the ruling”) shall be final and binding upon the Parties.

Appears in 1 contract

Samples: Dispute Settlement Agreement

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