Establishment of Arbitral Tribunals. 1. The complaining party may request in writing, to the party complained against, the establishment of an arbitral tribunal:
Establishment of Arbitral Tribunals. 1. The complaining Party that made a request forconsultations under Article 117 may request in writing theestablishment of an arbitral tribunal to the Party complainedagainst: (a) if the Party complained against does not enter intosuch consultations within 30 days, or within 15 daysin case of consultations regarding perishable goods, after the date of receipt of the request for suchconsultations; or (b) if the Parties fail to resolve the dispute throughsuch consultations within 60 days, or within 30 daysin case of consultations regarding perishable goods, after the date of receipt of the request for suchconsultations, provided that the complaining Party considers that any benefitaccruing to it under this Agreement is being nullified orimpaired as a result of the failure of the Party complainedagainst to carry out its obligations under this Agreement, oras a result of the application by the Party complained againstof measures which are in conflict with its obligations underthis Agreement. 2. Any request for the establishment of an arbitral tribunalpursuant to this Article shall identify: (a) the legal basis of the complaint including theprovisions of this Agreement alleged to have been breached and any other relevant provisions; and (b) the factual basis for the complaint. 3. Each Party shall, within 30 days after the date of receiptof the request for the establishment of an arbitral tribunal,appoint one arbitrator who may be its national and propose upto three candidates to serve as the third arbitrator who shall be the chair of the arbitral tribunal. The third arbitrator shall not be a national of either Party, nor have his or herusual place of residence in either Party, nor be employed byeither Party, nor have dealt with the dispute in any capacity. 4. The Parties shall agree on and appoint the third arbitrator within 45 days after the date of receipt of the request for theestablishment of an arbitral tribunal, taking into account thecandidates proposed pursuant to paragraph 3. 5. If either Party has not appointed an arbitrator pursuantto paragraph 3, or if the Parties fail to agree on and appointthe third arbitrator pursuant to paragraph 4, theDirector-General of the World Trade Organization shallimmediately be requested to make the necessary xxxxxxxxxxxx.Xx the event that the Director-General is a national of either Party, the Deputy Director-General or the officer next inseniority who is not a national of either Party shall berequested to make the nec...
Establishment of Arbitral Tribunals. 1. The complaining Party may request in writing the establishment of an arbitral tribunal to the Party complained against to consider the matter: (a) if the Party complained against does not respond within 10 days, or does not enter into consultations within 30 days after the date of receipt of the request for such consultations; or (b) if the Parties fail to resolve the matter through the consultations under Article 208 within 50 days or within 30 days in cases of urgency, after the date of receipt of the request for such consultations, provided that the complaining Party considers that any benefit accruing to it directly or indirectly under this Agreement is being nullified or impaired as a result of the failure of the Party complained against to carry out its obligations under this Agreement, or as a result of the application by the Party complained against of measures which are in conflict with its obligations under this Agreement. Note: For greater certainty, no request for the establishment of an arbitral tribunal based only on nullification or impairment of benefits without allegation of non- compliance with the obligations of this Agreement shall be accepted. 2. Any request to establish an arbitral tribunal pursuant to this Article shall identify the reason of the request, the measure or other issue referred to and the legal and factual basis of the complaint, including the provisions of this Agreement alleged to have been breached and any other relevant provisions of the applicable international law. 3. Unless otherwise agreed by the Parties, the arbitral tribunal shall be selected and carry out its functions in a manner consistent with the provisions of this Chapter.
Establishment of Arbitral Tribunals. 1. Unless otherwise agreed by the Parties, if the Parties fail to resolve a dispute through consultations provided for in Article 142 above, either Party may request the establishment of an arbitral tribunal in respect of that dispute:
Establishment of Arbitral Tribunals. 1. Upon completion of the procedure provided in Article 8.24 without the controversy has been resolved, either Party may request in writing to the other Party the establishment of an ad hoc arbitral tribunal to decide on the same subject-matter of the consultations referred to in the aforementioned Article 8.24. Alternatively, the Parties may opt, by mutual agreement, for submitting the dispute to a permanent arbitration institution for the dispute resolution regarding investments.
Establishment of Arbitral Tribunals. 1. The complaining Party that requested consultationsunder Article 140 may request in writing the establishmentof an arbitral tribunal to the Party complained against: (a) if the Party complained against does not enterinto such consultations within 60 days, or within20 days in a case of consultations regardingperishable goods, after the date of receipt ofthe request for such consultations; or (b) if the Parties fail to resolve the disputethrough such consultations within 90 days, orwithin 50 days in a case of consultationsregarding perishable goods, after the date ofreceipt of the request for such consultations, provided that the complaining Party considers that anybenefit accruing to it under this Agreement is beingnullified or impaired as a result of the failure of theParty complained against to carry out its obligations underthis Agreement, or as a result of the application by theParty complained against of measures which are in conflictwith its obligations under this Agreement. 2. Any request to establish an arbitral tribunal pursuantto this Article shall identify: (a) the legal basis of the complaint including theprovisions of this Agreement alleged to have beenbreached and any other relevant provisions; and
Establishment of Arbitral Tribunals. 1. The complaining Country that requested consultations under Article 146 may request in writing the establishment of an arbitral tribunal to the Country complained against:
Establishment of Arbitral Tribunals. 0. Unless otherwise agreed by the Parties, if the Parties fail to resolve a dispute through consultations provided for in Article 142 above, either Party may request the establishment of an arbitral tribunal in respect of that dispute: ( ) after 60 days from the date on which the requested Party receives the request for consultations made pursuant to sub-paragraph (a) of paragraph 2 of Article 142 above; or ( ) after 30 days from the date on which the requested Party receives the request for consultations made pursuant to sub-paragraph (b) of paragraph 2 of Article 142 above.
Establishment of Arbitral Tribunals. 1. The Party which made the request for consultations in accordance with Article 115 may make a written request to the other Party to establish an arbitral tribunal under this Article provided:
Establishment of Arbitral Tribunals. 1. If the Parties fail to resolve the matter within the time limit set forth in Article 2.5, the complaining Party that requested the direct negotiations may request in writing the establishment of an arbitral tribunal.
