Common use of Panel Reports Clause in Contracts

Panel Reports. 1. Unless the Parties otherwise agree, the panel shall issue reports in accordance with the provisions of this Section. 2. The panel shall base its reports on the relevant provisions of this Agreement, applied and interpreted in accordance with the rules of interpretation of public international law, including Articles 31, 32, and 33 of the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969, on the submissions and arguments of the Parties and on information and technical advice put before it pursuant to the provisions of this Section. 3. Within 90 days after the three panellists are appointed, or within 50 days in cases of motor vehicles, the panel shall issue to the Parties an initial report containing its findings of fact and its determinations as to: (a) whether the measure at issue is inconsistent with a Party’s obligations under this Agreement; (b) whether there is nullification or impairment in the sense of Annex 21-A; or (c) any other issue included in the terms of reference. 4. The panel shall include in its initial report the basic rationale behind its findings and determinations. 5. At the request of a Party, the panel shall include in its initial report recommendations for the resolution of the dispute. 6. A Party may submit written comments to the panel regarding its initial report. After considering these comments, the panel, on its own initiative or at the request of a Party, may: (a) request the views of a Party; (b) reconsider its report; or (c) make any further examination that it considers appropriate. 7. The panel shall issue to the Parties a final report within 30 days of the issuance of the initial report, or within 17 days in cases of motor vehicles. 8. Notwithstanding the provisions of Article 21.8 and Annex 21-C, the initial report of the panel shall be confidential. The final report of the panel may be published by either Party 15 days after it is issued to the Parties, subject to the protection of confidential information.