Common use of Preliminary Report Clause in Contracts

Preliminary Report. 1. The report of the arbitral tribunal shall be drafted without the presence of the Parties and shall be based on the relevant provisions of this Agreement and the submissions and arguments of the Parties. 2. Unless the parties otherwise agree, within 90 days from its establishment, or 60 days in matters relating to perishable goods, the arbitral tribunal shall present to the parties an initial report. 3. The initial report shall contain: (a) The findings of fact; (b) The determination of the arbitral tribunal as to whether a party has breached its obligations under this Treaty or whether the measure of that party cause nullification or impairment in the sense of 13.2 (annex nullification or impairment) or any other determination requested in the terms of reference; and (c) The decision of the arbitral tribunal. 4. In exceptional cases, when the arbitral tribunal considers that it cannot issue its initial report within 90 days or within 60 days in cases of urgency, it shall inform the Parties in writing of the reasons for the delay and shall include an estimate of the period within which will issue its report. in no case should the period of delay shall not exceed a further period of 30 days unless the parties otherwise. 5. Arbitrators may make dissenting opinions on matters for which there is no decision by consensus. 6 6. An arbitral tribunal may either in its initial report or its final report disclose which arbitrators voted with the majority or minority. 7. A Party may submit written comments to the arbitral tribunal on the preliminary report, including the request referred to in article 13.13.3, within 15 days following the submission of such report unless the parties agree otherwise. 8. After considering any written comments on the initial report the arbitral tribunal may reconsider its report and make any further examination that it considers appropriate.

Preliminary Report. 1. The report of the arbitral tribunal shall be drafted without the presence of the Parties and shall be based on the relevant provisions of this Agreement and the submissions and arguments of the Parties. 2. Unless the parties otherwise agree, within 90 days from its establishment, or 60 days in matters relating to cases of urgency including those which concern perishable agricultural goods, the arbitral tribunal shall present to the parties an initial report. 3. The initial report shall contain: (a) The findings of fact; (b) The determination of the arbitral tribunal as to whether a party has breached its obligations under this Treaty Agreement or whether the measure of that party cause nullification or impairment in the sense of 13.2 article 16.2 (annex nullification or impairmentc) or any other determination requested in the terms of reference; and (c) The decision of the arbitral tribunal. 4. In exceptional cases, when the arbitral tribunal considers that it cannot issue its initial report within 90 days or within 60 days in cases of urgency, it shall inform the Parties in writing of the reasons for the delay and shall include an estimate of the period within which will issue its report. in In no case should the period of delay shall not exceed a further period of 30 days unless the parties otherwise. 5. Arbitrators may make dissenting opinions on matters for which there is no decision by consensus. 6. 6. An arbitral tribunal may either in its initial report or its final report disclose which arbitrators voted with the majority or minority. 7. A Party may submit written comments to the arbitral tribunal on the preliminary report, including the request referred to in article 13.13.316.13.3, within 15 days following the submission of such report unless the parties agree otherwise. 8. After considering any written comments on the initial report the arbitral tribunal shall respond to such comments and may reconsider its report and make any further examination that it considers appropriate.

Preliminary Report. 1. The report of the arbitral tribunal shall be drafted without drawn up in the presence absence of the Parties disputing parties and shall be based on the relevant provisions of this Agreement and the submissions and arguments of the Partiesdisputing parties. 2. Unless the disputing parties otherwise agreeagree otherwise, within 90 120 days from after its establishment, or 60 90 days in matters relating to cases involving perishable goods, the arbitral tribunal shall present submit a preliminary report to the parties an initial reportdisputing parties. 3. The initial preliminary report shall contain: (a) The findings of fact; (b) The determination of the arbitral tribunal tribunal's determination as to whether a disputing party has breached its obligations under this Treaty Agreement, or whether the respondent's measure of that party cause causes nullification or impairment in within the sense meaning of 13.2 (annex nullification or impairment) Article 14.2(c), or any other determination requested called for in the terms of reference; and (c) The the decision of the arbitral tribunal. 4. In exceptional cases, when where the arbitral tribunal considers that it cannot issue its initial preliminary report within 120 days, or within 90 days or within 60 days in cases of urgencyinvolving perishable goods, it shall inform the Parties disputing parties in writing of the reasons for the delay and shall include an estimate of the period of time within which it will issue its report. in In no case should shall the period of delay shall not exceed a further period of an additional 30 days days, unless the disputing parties agree otherwise. 5. Arbitrators One of the arbitrators may make give dissenting opinions on matters for issues on which there is no decision by consensus. 6consensus decision. 6. An No arbitral tribunal may may, either in its initial preliminary report or in its final report report, disclose which arbitrators voted with the majority or with the minority. 7. A Party disputing party may submit written comments to the arbitral tribunal on the preliminary report, including the request referred to in article 13.13.3Article 14.13.3, to the arbitral tribunal within 15 days following after the submission of such report the preliminary report, unless the disputing parties agree otherwise. 8. After considering any the written comments observations on the initial report preliminary report, the arbitral tribunal may reconsider its report and make conduct any further examination that it considers deems appropriate.