Initial Report. 1. Unless the Parties otherwise agree, the panel shall issue its initial report on the basis of the submissions and arguments presented by the Parties and on any information before it pursuant to Article XIII. 2. Unless the disputing Parties otherwise agree, the panel shall, within ninety (90) days after the last panelist is selected, present to the disputing Parties an initial report containing: (a) findings of fact, including any findings pursuant to a request under paragraph 5 of Article XIII.11; (b) its determination as to whether the measure at issue is or would be inconsistent with the obligations of this Agreement, or is cause for nullification or impairment in the sense of the Annex XIII.01 or any other decision requested in the terms of reference statement; and (c) the preliminary decision, including any recommendations. 3. Panelists may furnish separate opinions on matters not unanimously agreed. 4. A Party may submit written comments to the panel on its initial report within fourteen (14) days of presentation of the report. In such an event, and after considering such written comments, the panel, on its own initiative or on the request of any disputing Party, may: (a) make any further examination that it considers appropriate; and (b) reconsider its initial report.
Appears in 5 contracts
Sources: Cooperation Agreement, Cooperation Agreement, Cooperation Agreement
Initial Report. 1. Unless the Parties otherwise agree, the panel shall issue base its initial report on the basis of the submissions and arguments presented by of the Parties and on any information before it pursuant to Article XIIIXIII.13.
2. Unless the disputing Parties otherwise agree, the panel shall, within ninety (90) 90 days after the last panelist is selectedselected or such other period as the Model Rules of Procedure established pursuant to Article XIII.12.1 may provide, present to the disputing Parties an initial report containing:
(a) findings of fact, including any findings pursuant to a request under paragraph 5 of Article XIII.11XIII.12.6;
(b) its determination as to whether the measure at issue is or would be inconsistent with the obligations of this Agreement, Agreement or is cause for nullification or impairment in the sense of the Annex XIII.01 XIII.5, or any other decision determination requested in the terms of reference statementreference; and
(c) its recommendations, if any, for resolution of the preliminary decision, including any recommendationsdispute.
3. Panelists may furnish separate opinions on matters not unanimously agreed.
4. A Party may submit written comments to the panel on its initial report within fourteen (14) 14 days of presentation of the report.
5. In such an event, and after considering such written comments, the panel, on its own initiative or on the request of any disputing a Party, may:
(a) request the views of a Party;
(b) reconsider its report; and
(c) make any further examination that it considers appropriate; and
(b) reconsider its initial report.
Appears in 4 contracts
Sources: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Initial Report. β
1. Unless the Parties otherwise agree, the panel shall issue its initial report on the basis of the submissions and arguments presented by the Parties and on any information before it pursuant to Article XIII.
2. Unless the disputing Parties otherwise agree, the panel shall, within ninety (90) days after the last panelist is selected, present to the disputing Parties an initial report containing:
(a) findings of fact, including any findings pursuant to a request under paragraph 5 of Article XIII.11;
(b) its determination as to whether the measure at issue is or would be inconsistent with the obligations of this Agreement, or is cause for nullification or impairment in the sense of the Annex XIII.01 or any other decision requested in the terms of reference statement; and
(c) the preliminary decision, including any recommendations.
3. Panelists may furnish separate opinions on matters not unanimously agreed.
4. A Party may submit written comments to the panel on its initial report within fourteen (14) days of presentation of the report. In such an event, and after considering such written comments, the panel, on its own initiative or on the request of any disputing Party, may:
(a) make any further examination that it considers appropriate; and
(b) reconsider its initial report.
Appears in 1 contract
Sources: Free Trade Agreement
Initial Report. 1. Unless the Parties otherwise agree, the panel shall issue its initial report on the basis of the submissions and arguments presented by the Parties and on any information before it pursuant to t o Article XIIIXIII.12.
2. Unless the disputing Parties otherwise agree, the panel shall, within ninety (90) days after the last panelist is selected, present to the disputing Parties an initial report containing:
(a) findings of fact, including any findings pursuant to a request under paragraph 5 of Article XIII.11;
(b) its determination as to whether the measure at issue is or would be inconsistent with the obligations of this Agreement, or is cause for nullification or impairment in the sense of the Annex Annex
XIII.01 or any other decision requested in the terms of reference statement; and
(c) the preliminary decision, including any recommendations.
3. Panelists may furnish separate opinions on matters not unanimously agreed.
4. A Party may submit written comments to the panel on its initial report within fourteen (14) days of presentation of the report. In such an event, and after considering such written comments, the panel, on its own initiative or on the request of any disputing Party, may:
(a) make any further examination that it considers appropriate; and
(b) reconsider its initial report.
Appears in 1 contract
Sources: Cooperation Agreement