Bataille Empire

There are 3 types of game possible: 1) Battle, 2) Encounter, 3) Assault. The difference between the Initiative Roll determines the the type of game played, and the game will be a standard Battle if the difference between the two player's Initiative Roll is equal or 1.

But ...

It isn't actually possible for the result to be equal because if the two player's Initiative Roll are equal then that has to be re-rolled. One player needs a higher score to determine who is the nominal attacker.

Maybe, instead, the type of game is simply determined by comparing the dice throw the first time the players throw for the Initiative Roll ? If that ends up being equal then the players need to re-roll it, but the type of game is set by that first throw.

It is possible that is the intended rule. However, the literal reading of the rules does suggest you get a different type of battle dependent on the re-roll.
I would be quite happy to read it as the orinial roll determines the type of battle and the re-roll only determines the attacker and defender.

Seems sensible to me