Common use of Initial Report Clause in Contracts

Initial Report. 1. The arbitral panel shall base its report on the relevant provisions of this Agreement and the submissions and arguments of the Parties. 2. Unless the Parties otherwise agree, the arbitral panel shall: (a) within 120 days after the last panelist is selected; or (b) in case of urgency including those relating to perishable goods within 60 days after the last panelist is selected, present to the Parties an initial report. 3. The initial report shall contain: (a) findings of fact; (b) its conclusions as to whether a Party has not conformed with its obligations under this Agreement or any other determination if requested in the terms of reference; and (c) the recommendation of the arbitral panel on the dispute and the suggestions if requested by the Parties. 4. In exceptional cases, if the arbitral panel considers it cannot release its initial report within 120 days, or within 60 days in cases of urgency, it shall inform the Parties in writing of the 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. 5. Panelists may furnish separate opinions on matters not unanimously agreed. 6. A Party may submit written comments to the arbitral panel on its initial report within 14 days of presentation of the report or within such other period as the Parties may agree. 7. After considering any written comments on the initial report, the arbitral panel may reconsider its report and make any further examination it considers appropriate.

Initial Report. 1. The arbitral panel shall base its report on the relevant provisions of this Agreement and the submissions and arguments of the PartiesParties and on any information before it pursuant to Article 68. 2. Unless the Parties otherwise agree, the arbitral panel shall: (a) within 120 90 days after the last panelist is selected; or (b) in case of urgency including those relating to perishable goods within 60 days after the last panelist is selected, present to the Parties an initial report. 3. The initial report shall is to contain: (a) findings of fact; (b) its conclusions as to whether a Party the measure at issue has not conformed with its the obligations under this Agreement or any other determination if requested in the terms of reference; and (c) the recommendation recommendation, if any, for the resolution of the arbitral panel on the dispute and the suggestions if requested by the Partiesdispute. 4. In exceptional cases, if the arbitral panel considers it cannot release its initial report within 120 days, 90 days or within 60 days in cases of urgency, it shall inform the Parties in writing of the 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. 5. Panelists may furnish separate opinions on matters not unanimously agreedagreed upon. 6. A Party may submit written comments to the arbitral panel on its initial report within 14 days of presentation of the report or within such other period as the Parties may agree. 7. After considering any written comments on the initial report, the arbitral panel may reconsider its report and make any further examination it considers appropriate.