Common use of Initial Report Clause in Contracts

Initial Report. 1. The arbitral tribunal shall draft its report without the presence of any Party. 2. The arbitral tribunal shall base its report on the relevant provisions of this Agreement, the submissions and arguments of the disputing Parties and any third Parties. At the joint request of the disputing Parties, the arbitral tribunal may make recommendations for the resolution of the dispute. 3. The arbitral tribunal shall present an initial report to the disputing Parties no later than 150 days after the date of the appointment of the last arbitrator. In cases of urgency, including those related to perishable goods, the arbitral tribunal shall endeavour to present an initial report to the disputing Parties no later than 120 days after the date of the appointment of the last arbitrator. 4. The initial report shall contain: (a) findings of fact; (b) the determination of the arbitral tribunal as to whether: (i) the measure at issue is inconsistent with obligations in this Agreement; or (ii) a Party has otherwise failed to carry out its obligations in this Agreement; (c) any other determination requested in the terms of reference; (d) recommendations, if the disputing Parties have jointly requested them, for the resolution of the dispute; and (e) the reasons for the findings and determinations. 5. In exceptional cases, if the arbitral tribunal considers that it cannot release its initial report within the time period specified in paragraph 3, it shall inform the disputing Parties in writing of the reasons for the delay together with an estimate of when it will issue its report. A delay shall not exceed an additional period of 30 days unless the disputing Parties agree otherwise. 6. Arbitrators may present separate opinions on matters not unanimously agreed. 7. A disputing Party may submit written comments to the arbitral tribunal on its initial report no later than 15 days after the presentation of the initial report or within another period as the disputing Parties may agree. 8. After considering any written comments by the disputing Parties on the initial report, the arbitral tribunal may modify its report and make any further examination it considers appropriate.

Initial Report. 1. The arbitral tribunal shall draft its report without the presence of any Party. 2. The arbitral tribunal shall base its report on the relevant provisions of this Agreement, the submissions and arguments of the disputing Parties and any third Parties. At the joint request of the disputing Parties, the arbitral tribunal may make recommendations for the resolution of the dispute. 3. The arbitral tribunal shall present an initial report to the disputing Parties no later than 150 days after the date of the appointment of the last arbitrator. In cases of urgency, ,including those related to perishable goods, the arbitral tribunal shall endeavour to present an initial report to the disputing Parties no later than 120 days after the date of the appointment of appointmentof the last arbitrator. 4. The initial report shall contain: (a) findings of fact; (b) the determination of the arbitral tribunal as to whether: (i) the measure at issue is inconsistent with obligations in this Agreement; or (ii) a Party has otherwise failed to carry out its obligations in this Agreement; (c) any other determination requested in the terms of reference; (d) recommendations, if the disputing Parties have jointly requested them, for the resolution of the dispute; and (e) the reasons for the findings and determinations. 5. In exceptional cases, if the arbitral tribunal considers that it cannot release its initial report within the time period specified in paragraph 3, it shall inform the disputing Parties in writing of the reasons for the delay together with an estimate of when it will issue its report. A delay shall not exceed an additional period of 30 days unless the disputing Parties agree otherwise. 6. Arbitrators may present separate opinions on matters not unanimously agreed. 7. A disputing Party may submit written comments to the arbitral tribunal on its initial report no later than 15 days after the presentation of the initial report or within another period as the disputing Parties may agree. 8. After considering any written comments by the disputing Parties on the initial report, the arbitral tribunal may modify its report and make any further examination it considers appropriate.

Initial Report. 1. The reports of the arbitral tribunal shall draft its report be drafted without the presence of any Party. 2. The arbitral tribunal the Parties and shall base its report be based on the relevant provisions of this Agreement, Agreement and the submissions and arguments of the Parties. 2. Unless the disputing Parties and any third Parties. At the joint request of the disputing Partiesotherwise agree, the arbitral tribunal may make recommendations for shall: (a) within 90 days after the resolution last arbitrator is selected; or (b) in cases of urgency including those relating to perishable goods within 60 days after the dispute. 3. The arbitral tribunal shall last arbitrator is selected, present an initial report to the disputing Parties no later than 150 days after the date of the appointment of the last arbitrator. In cases of urgency, including those related to perishable goods, the arbitral tribunal shall endeavour to present an initial report to the disputing Parties no later than 120 days after the date of the appointment of the last arbitratorreport. 43. The initial report shall contain: (a) findings of fact; (b) the determination of the arbitral tribunal as to whether: (i) the measure at issue is inconsistent with obligations in this Agreement; or (ii) whether a disputing Party has otherwise failed to carry out not conformed with its obligations under this Agreement or that a disputing Party’s measure is causing nullification or impairment in this Agreement; (c) the sense of Annex 15.A or any other determination requested in the terms of reference; (d) recommendations, if the disputing Parties have jointly requested them, for the resolution of the dispute; and (ec) the reasons for decision of the findings and determinationsarbitral tribunal on the dispute. 54. In exceptional cases, if the arbitral tribunal considers that it cannot release its initial report within the time period specified 90 days, or within 60 days in paragraph 3cases of urgency, it shall inform the disputing Parties in writing of the reasons for the delay together with an estimate of when the period within which it will issue its report. A Any delay shall not exceed an additional a further period of 30 days unless the disputing Parties agree otherwiseotherwise agree. 65. Arbitrators may present furnish separate opinions on matters not unanimously agreed. 76. A disputing Party may submit written comments to the arbitral tribunal on its initial report no later than within 15 days after the of presentation of the initial report or within another such other period as the disputing Parties may agree. 87. After considering any written comments by the disputing Parties on the initial report, the arbitral tribunal may modify reconsider its report and make any further examination it considers appropriate.