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 Parties, and any information provided by the Parties in accordance with Annex 23A. 2. Unless the Parties otherwise agree, the panel shall present its report to the Parties, within 120 days, or 80 days in the case of urgent matters, following the selection of the third panelist. 3. The report shall contain: (a) the findings 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 matter that the Parties have requested that the panel address in the terms of reference; and (c) the recommendations for resolution of the dispute, including the reasonable period of time to implement them, if either Party has requested it. 4. The panel report shall be adopted by the majority of its panelists. The panelists may furnish separate opinions on matters not unanimously agreed. 5. The panel may not disclose which panelists are associated with majority or minority opinions.