Common use of Report of the panel Clause in Contracts

Report of the panel. 1. Unless the Parties otherwise agree, the Panel shall base its report on the relevant provisions of this Agreement, the submissions and arguments of the disputing Parties, and on any information received by it pursuant to Article 181 (Model 2. Unless the Parties otherwise agree, the Panel shall present the report to the disputing Parties, within 120 days, or 90 days in the event of urgent matters, after the last Panelist is selected. 3. Only in exceptional cases, if the Panel considers it cannot release its report within 120 days or 90 days in the event of urgent matters, it shall inform the Parties in writing of the justifying 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 report shall contain: (a) the finding along with its factual and legal basis; (b) the determination as to whether a Party has not conformed with its obligations under this Agreement or any other determination requested in the terms of reference; and (c) its recommendations for the implementation of the decision pursuant to paragraph 4 of Article 180 (Role of the Panel). 5. The Panelists may furnish separate opinions on matters not unanimously agreed. 6. No Panel may disclose which Panelists are associated with majority or minority opinions. 7. Unless the Parties agree otherwise, the report shall be available to the public within 30 days thereafter, subject to the protection of confidential information.

Appears in 363 contracts

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

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Report of the panel. 1. Unless the Parties otherwise agree, the Panel shall base its report on the relevant provisions of this Agreement, the submissions and arguments of the disputing Parties, and on any information received by it pursuant to Article 181 (ModelModel Rules of Procedure). 2. Unless the Parties otherwise agree, the Panel shall present the report to the disputing Parties, within 120 days, or 90 days in the event of urgent matters, after the last Panelist is selected. . 3. Only in exceptional cases, if the Panel considers it cannot release its report within 120 days or 90 days in the event of urgent matters, it shall inform the Parties in writing of the justifying 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 report shall contain: (a) the finding along with its factual and legal basis; ; (b) the determination as to whether a Party has not conformed with its obligations under this Agreement or any other determination requested in the terms of reference; and and (c) its recommendations for the implementation of the decision pursuant to paragraph 4 of Article 180 (Role of the Panel). . 5. The Panelists may furnish separate opinions on matters not unanimously agreed. . 6. No Panel may disclose which Panelists are associated with majority or minority opinions. 7. Unless the Parties agree otherwise, the report shall be available to the public within 30 days thereafter, subject to the protection of confidential information.

Appears in 2 contracts

Samples: Dispute Settlement Agreement, Dispute Settlement Agreement

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