Common use of Role of the panel Clause in Contracts

Role of the panel. 1. The panel shall make an objective assessment of the matter under its consideration, in light of the relevant provisions of this Agreement interpreted in accordance with rules of interpretation of public international law and in light of the submissions and arguments of the disputing Parties as well as other information received during the proceedings, and formulate the necessary findings for settling the dispute in accordance with the request for the establishment of the panel and the terms of reference. 2. Unless otherwise agreed by the disputing Parties, within 20 days from the date of the receipt of the request for the establishment of the panel, its terms of reference shall be: “To examine, in light of the relevant provisions of this Agreement, the matter referred to it in the panel request and to make findings, determinations and recommendations as referred to in paragraph 3 of Article 12.13 (Reports of the Panel).” 3. The decisions of the panel including the adoption of the report shall normally be taken by consensus. If the panel is not able to reach a consensus, it may adopt its decisions by majority. No panel may disclose which panelists are associated with majority or minority opinions. 4. The reports, as well as any other decision of the panel, shall be communicated to the Parties. The reports shall be made public, unless the disputing Parties decide otherwise.

Appears in 5 contracts

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

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Role of the panel. 1. The panel shall make an objective assessment of the matter under its consideration, in light of the relevant provisions of this Agreement interpreted in accordance with rules of interpretation of public international law and in light of the submissions and arguments of the disputing Parties as well as other information received during the proceedings, and formulate the necessary findings for settling the dispute in accordance with the request for the establishment of the panel and the its terms of reference. 2. Unless otherwise agreed by the disputing Parties, within 20 days from following the date of the receipt of the request for the establishment of the panel, its terms of reference shall be: “To examine, in light of the relevant provisions of this Agreement, the matter referred to it in the panel request and to make findings, determinations and recommendations as on the matters referred to in paragraph 3 of Article 12.13 (Reports Report of the Panel).” 3. The decisions of the panel panel, including the adoption of the report report, shall normally be taken by consensus. If the panel is not able to reach a consensus, it may adopt its decisions by majority. No panel may disclose which panelists are associated with majority or minority opinions. 4. The reports, as well as any other decision of the panel, shall be communicated to the Parties. The reports shall be made public, unless the disputing Parties decide agree otherwise.

Appears in 4 contracts

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

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Role of the panel. 1. The panel shall make an objective assessment of the matter under its consideration, in light of the relevant provisions of this Agreement interpreted in accordance with rules of interpretation of public international law and in light of the submissions and arguments of the disputing Parties as well as other information received during the proceedings, and formulate the necessary findings for settling the dispute in accordance with the request for the establishment of the panel and the terms of reference. 2. Unless otherwise agreed by the disputing Parties, within 20 days from the date of the receipt of the request for the establishment of the panel, its terms of reference shall be: "To examine, in light of the relevant provisions of this Agreement, the matter referred to it in the panel request and to make findings, determinations and recommendations as referred to in paragraph 3 of Article 12.13 (Reports of the Panel)." 3. The decisions of the panel including the adoption of the report shall normally be taken by consensus. If the panel is not able to reach a consensus, it may adopt its decisions by majority. No panel may disclose which panelists are associated with majority or minority opinions. 4. The reports, as well as any other decision of the panel, shall be communicated to the Parties. The reports shall be made public, unless the disputing Parties decide otherwise.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

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