Common use of Panel Reports Clause in Contracts

Panel Reports. 1. The arbitration panel should submit an initial report containing its findings and rulings to the parties to the dispute no later than 90 days from the date of establishment of the arbitration panel. Within 30 days from the receipt of the initial report, a party to the dispute may submit written comments to the arbitration panel. After considering the written comments received from the parties to the dispute on the initial report, the arbitration panel may modify its initial report and make any further examination it considers appropriate. The arbitration panel should present to the parties to the dispute its final report within 180 days from date of establishment of the arbitration panel. 2. The initial and final reports shall contain: (a) a summary of the submissions and arguments of the parties to the dispute; (b) the findings of fact, together with reasons; (c) a determination as to whether a measure at issue is inconsistent with the provisions of this Agreement, or any other determination requested in the terms of reference set out in paragraph 8 of Article 9.4 (Establishment of Arbitration Panel); and (d) recommendations, if any, for the resolution of the dispute and the implementation of the ruling. 3. The final report shall include an assessment of the written comments received from the parties to the dispute on the initial report. 4. The final report, as well as any report under Articles 9.8 (Implementation of the Final Panel Report) and 9.9 (Compensation and Suspension of Benefits), shall be communicated to the Parties. The reports shall be made public, unless the parties to the dispute decide otherwise. 5. Any ruling of the arbitration panel under any provision of this Chapter shall be final and binding upon the parties to the dispute. Nothing in the final report may add to or diminish the rights and obligations of the Parties under this Agreement.