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ARTICLES

LEGAL RESOURSES

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    • Article 2016: Initial Report

    1. Unless the disputing Parties otherwise agree, the panel shall base its report on the submissions and arguments of the Parties and on any information before it pursuant to Article 2014 (TLCAN: Art. 2014) or 2015 (TLCAN: Art. 2015).

    2. Unless the disputing Parties otherwise agree, the panel shall, within 90 days after the last panelist is selected or such other period as the Model Rules of Procedure established pursuant to Article 2012(1) (TLCAN: Art. 2012) may provide, present to the disputing Parties an initial report containing:

  • Findings of fact, including any findings pursuant to a request under Article 2012(5) (TLCAN: Art. 2012);

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  • Its determination as to whether the measure at issue is or would be inconsistent with the obligations of this Agreement or cause nullification or impairment in the sense of Annex 2004 (TLCAN: Anexo 2004), or any other determination requested in the terms of reference; and

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  • Its recommendations, if any, for resolution of the dispute.

    • 3. Panelists may furnish separate opinions on matters not unanimously agreed.

    4. A disputing Party may submit written comments to the panel on its initial report within 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 Party, may:

  • Request the views of any participating Party;

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  • Reconsider its report; and

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  • Make any further examination that it considers appropriate.

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