Common use of Appeal Tribunal Clause in Contracts

Appeal Tribunal. 1. A permanent Appeal Tribunal is hereby established to hear appeals from the awards issued by the Tribunal. 2. The […] Committee shall, upon the entry into force of this Agreement, appoint six Members to the Appeal Tribunal. Two of the Members shall be nationals of a Member State of the European Union, two shall be nationals of Chile and two shall be nationals of third countries. In appointing the Members of the Appeal Tribunal, the Committee is encouraged to consider the need to ensure diversity and a fair gender representation. 3. The Committee may decide to increase the number of the Members of the Appeal Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraph 2. 4. The Members of the Appeal Tribunal shall possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise in international investment law, international trade law and the resolution of disputes arising under international investment or international trade agreements. 5. Members of the Appeal Tribunal shall be appointed for a five-year term. However, the terms of three of the six persons appointed immediately after the entry into force of the Agreement, to be determined by lot, shall extend to eight years. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor’s term. A person who is serving on a division of the Tribunal when his or her term expires may, with the authorization of the President of the Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunal. 6. The Appeal Tribunal shall have a President and Vice-President responsible for organisational issues, with the assistance of the Secretariat. The President and the Vice- President shall be selected by lot for a two-year term from among the Members who are nationals of third countries. They shall serve on the basis of a rotation drawn by lot by the Chair of the […] Committee. The Vice-President shall replace the President when the President is unavailable. 7. The Appeal Tribunal shall hear appeals in divisions consisting of three Members, of whom one shall be a national of a Member State of the European Union, one a national of Chile and one a national of a third country. The division shall be chaired by the Member who is a national of a third country. 8. The composition of the division hearing each appeal shall be established in each case by the President of the Appeal Tribunal on a rotation basis, ensuring that the composition of each division is random and unpredictable, while giving equal opportunity to all Members to serve. 9. The Appeal Tribunal shall draw up its own working procedures, after discussing with the Parties. 10. All Members serving on the Appeal Tribunal shall be available at all times and on short notice and shall stay abreast of other dispute settlement activities under this agreement. 11. In order to ensure their availability, the Members of the Appeal Tribunal shall be paid a monthly retainer fee and receive a fee for each day worked as a Member, to be determined by decision of the […] Committee. The President of the Appeal Tribunal and, where applicable, the Vice-President, shall receive a fee for each day worked in fulfilling the functions of President of the Appeal Tribunal pursuant to this Section. 12. The remuneration of the Members shall be paid by both Parties taking into account their respective levels of development into an account managed by the Secretariat of ICSID. In the event that one Party fails to pay the retainer fee the other Party may elect to pay. Any such arrears will remain payable, with appropriate interest. The Committee shall regularly review the amount and repartition of the abovementioned fees and may recommend relevant adjustments. 13. Upon a decision by the […] Committee, the retainer fee and the fees for days worked may be permanently transformed into a regular salary. In such an event, the Members of the Appeal Tribunal shall serve on a full-time basis and the […] Committee shall fix their remuneration and related organisational matters. In that event, the Members shall not be permitted to engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the President of the Appeal Tribunal. 14. The Secretariat of ICSID shall act as Secretariat for the Appeal Tribunal and provide it with appropriate support. The expenses for such support shall be allocated by the Appeal Tribunal among the disputing parties in accordance with Article 10.53 (Provisional Award) paragraphs 4, 5, 6 and 7 [specific paras tbd].

Appeal Tribunal. 1. A permanent Appeal Tribunal is hereby established to hear appeals from the awards issued by the Tribunal. 2. The […] Committee shallAppeal Tribunal shall be composed of six Members, upon the entry into force of this Agreement, appoint six Members to the Appeal Tribunal. Two of the Members whom two shall be nationals of a Member State of the European Union, two shall be nationals of Chile Viet Nam and two shall be nationals of third countries. 3. In appointing Pursuant to subparagraph 5(a) of Article 4.1 (Committee), the Committee shall, upon entry into force of this Agreement, appoint the six Members of the Appeal Tribunal, the Committee is encouraged to consider the need to ensure diversity and a fair gender representation.Tribunal.0 34. The Committee may decide to increase or decrease the number of the Members of the Appeal Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraph 2. 4. The Members of the Appeal Tribunal shall possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise in international investment law, international trade law paragraphs 2 and the resolution of disputes arising under international investment or international trade agreements3. 5. Members of the The Appeal Tribunal Members shall be appointed for a fivefour-year term, renewable once. However, the terms of three of the six persons appointed immediately after the entry into force of the this Agreement, to be determined by lot, shall extend to eight six years. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor’s 's term. A person who is serving on a division of the Tribunal when his or her term expires may, with the authorization of the President of the Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunal. 6. The Appeal Tribunal shall have a President and Vice-President responsible for organisational issues, with the assistance of the Secretariat. The President and the Vice- President who shall be selected by lot for a two-year term from among the Members who are nationals of third countries. They shall serve on the basis of a rotation drawn by lot by the Chair of the […] Committee. The Vice-President shall replace the President when the President is unavailable. 7. The Members of the Appeal Tribunal shall have demonstrated expertise in public international law, and possess the qualifications required in their respective countries for appointment to the highest judicial offices or be jurists of recognised competence. It is desirable that they have expertise in international investment law, international trade law and the resolution of disputes arising under international investment or international trade agreements. 8. The Appeal Tribunal shall hear appeals in divisions consisting of three Members, Members of whom one shall be a national of a Member State of the European Union, one a national of Chile Viet Nam and one a national of a third country. The division shall be chaired by the Member who is a national of a third country. 89. The composition of the division hearing each appeal shall be established in each case by the President of the Appeal Tribunal on a rotation basis, ensuring that the composition of each division is random and unpredictable, while giving equal opportunity to all Members to serve. A person who is serving on a division of the Appeal Tribunal when his or her term expires may, with the authorisation of the President of the Appeal Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunal. 910. The Appeal Tribunal shall draw up its own working procedures, after discussing . The working procedures shall be compatible with this Section and the instructions provided in Annex 13 (Working Procedures for the Appeal Tribunal). The President of the Appeal Tribunal shall draw up draft working procedures in consultation with the other Members of the Appeal Tribunal and present the draft working procedures to the Committee within one year of the date of the entry into force of this Agreement. The draft working procedures shall be adopted by the Committee. If the draft working procedures are not adopted by the Committee within three months of their presentation, the President of the Appeal Tribunal shall make the necessary revision to the draft working procedures, taking into consideration the views expressed by the Parties. The President of the Appeal Tribunal shall subsequently present the revised draft working procedures to the Committee. The revised draft working procedures shall be considered adopted, unless the Committee decides to reject the revised draft working procedures within three months of their presentation. 11. When a procedural question arises that is not covered by this Section, by any supplementing rules adopted by the Committee or by working procedures adopted pursuant to paragraph 10, the relevant division of the Appeal Tribunal may adopt an appropriate procedure that is compatible with those provisions. 12. All A division of the Appeal Tribunal shall make every effort to take any decision by consensus. In case that a decision cannot be reached by consensus, the division of the Appeal Tribunal shall render its decision by a majority of votes of all its Members. Opinions expressed by individual Members serving on of a division of Appeal Tribunal shall be anonymous. 13. The Members of the Appeal Tribunal shall be available at all times and on at short notice and shall stay abreast of other dispute settlement activities under this agreementAgreement. 1114. In order to ensure their availability, the The Members of the Appeal Tribunal shall be paid a monthly retainer fee and receive a fee for each day worked as a Member, to be determined by decision of the […] Committee. The In addition, the President of the Appeal Tribunal andand the Vice‑President, where applicable, the Vice-President, shall receive a daily fee equivalent to the fee determined pursuant to paragraph 16 for each day worked in fulfilling the functions of President of the Appeal Tribunal pursuant to this Section. 1215. The remuneration of retainer fee and the Members daily fee referred to in paragraph 14 shall be paid by both Parties taking into account their respective levels level of development into an account managed by the Secretariat of ICSID. In the event that one Party fails to pay the retainer fee or the daily fee, the other Party may elect to paypay instead. Any such arrears will remain payable, with appropriate interestinterests. 16. The Upon entry into force of this Agreement, the Committee shall regularly review adopt a decision determining the amount and repartition of the abovementioned other fees and may recommend relevant adjustmentsexpenses of the Members of a division of the Appeal Tribunal. Such fees and expenses shall be allocated by the Tribunal, or where applicable by the Appeal Tribunal, among the disputing parties in accordance with paragraph 4 of Article 3.53 (Provisional Award). 1317. Upon a decision by the […] Committee, the retainer fee, the daily fee and the other fees for days worked and expenses may be permanently transformed into a regular salary. In such an eventa case, the Members of the Appeal Tribunal shall serve on a full-time basis and the […] Committee shall fix their remuneration and related organisational matters. In that event, the Members they shall not be permitted to engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the President of the Appeal Tribunal. The Committee shall fix their remuneration and related organisational matters. 1418. The Secretariat of ICSID shall act as Secretariat for the Appeal Tribunal and provide it with appropriate support. The expenses for such support shall be allocated by the Appeal Tribunal among the disputing parties in accordance with paragraph 4 of Article 10.53 3.53 (Provisional Award) paragraphs 4, 5, 6 and 7 [specific paras tbd]).

Appeal Tribunal. 1. A permanent Appeal Tribunal is hereby established to hear appeals from the awards issued by the Tribunal. 2. The […] Committee shallAppeal Tribunal shall be composed of six Members, upon the entry into force of this Agreement, appoint six Members to the Appeal Tribunal. Two of the Members whom two shall be nationals of a Member State of the European Union, two shall be nationals of Chile […] and two shall be nationals of third countries. In appointing the Members of the Appeal Tribunal, the Committee is encouraged to consider the need to ensure diversity and a fair gender representation. 3. The […] Committee, shall, upon the entry into force of this Agreement, appoint the members of the Appeal Tribunal. For this purpose, each Party shall propose three candidates, two of which may be nationals of that Party and one shall be a non-national, for the […] Committee to thereafter jointly appoint the Members. 4. The Committee may decide agree to increase the number of the Members of the Appeal Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraph 23. 45. The Appeal Tribunal Members shall be appointed for a six-year term, renewable once. However, the terms of three of the six persons appointed immediately after the entry into force of the Agreement, to be determined by lot, shall extend to nine years. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor’s term. 6. The Appeal Tribunal shall have a President and Vice-President responsible for organisational issues, who shall be selected by lot for a two-year term and shall be selected from among the Members who are nationals of third countries. They shall serve on the basis of a rotation drawn by lot by the Chair of the […] Committee. The Vice- President shall replace the President when the President is unavailable. 7. The Members of the Appeal Tribunal shall possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise in international investment law, international trade law and the resolution of disputes arising under international investment or international trade agreements. 5. Members of the Appeal Tribunal shall be appointed for a five-year term. However, the terms of three of the six persons appointed immediately after the entry into force of the Agreement, to be determined by lot, shall extend to eight years. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor’s term. A person who is serving on a division of the Tribunal when his or her term expires may, with the authorization of the President of the Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunal. 6. The Appeal Tribunal shall have a President and Vice-President responsible for organisational issues, with the assistance of the Secretariat. The President and the Vice- President shall be selected by lot for a two-year term from among the Members who are nationals of third countries. They shall serve on the basis of a rotation drawn by lot by the Chair of the […] Committee. The Vice-President shall replace the President when the President is unavailable. 78. The Appeal Tribunal shall hear appeals in divisions consisting of three Members, of whom one shall be a national of a Member State of the European Union, one a national of Chile […] and one a national of a third country. The division shall be chaired by the Member who is a national of a third country. 89. The composition of the division hearing each appeal shall be established in each case by the President of the Appeal Tribunal on a rotation basis, ensuring that the composition of each division is random and unpredictable, while giving equal opportunity to all Members to serve. 910. The Appeal Tribunal shall draw up its own working procedures, after discussing with the Parties. 1011. All Members persons serving on the Appeal Tribunal shall be available at all times and on short notice and shall stay abreast of other dispute settlement activities under this agreement. 1112. In order to ensure their availability, the The Members of the Appeal Tribunal shall be paid a monthly retainer fee and receive a fee for each day worked as a Member, to be determined by decision of the […] Committee. [Note: the retainer and daily fee suggested by the EU would be around the same as for WTO Appeal Tribunal members (i.e. a retainer fee of around € 7,000 per month)]. The President of the Appeal Tribunal and, where applicable, the Vice-Vice- President, shall receive a fee for each day worked in fulfilling the functions of President of the Appeal Tribunal pursuant to this Section. 1213. The remuneration of the Members shall be paid equally by both Parties taking into account their respective levels of development into an account managed by the Secretariat of [ICSID]. In the event that one Party fails to pay the retainer fee the other Party may elect to pay. Any such arrears will remain payable, with appropriate interest. The Committee shall regularly review the amount and repartition of the abovementioned fees and may recommend relevant adjustments. 1314. Upon a decision by the […] Committee, the retainer fee and the fees for days worked may be permanently transformed into a regular salary. In such an event, the Members of the Appeal Tribunal shall serve on a full-time basis and the […] Committee shall fix their remuneration and related organisational matters. In that event, the Members shall not be permitted to engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the President of the Appeal Tribunal. 1415. The Secretariat of ICSID [ICSID] shall act as Secretariat for the Appeal Tribunal and provide it with appropriate support. The expenses for such support shall be allocated met by the Appeal Tribunal among Parties to the disputing parties in accordance with Article 10.53 (Provisional Award) paragraphs 4, 5, 6 and 7 [specific paras tbd]Agreement equally.

Appeal Tribunal. 1. A permanent Appeal Tribunal is hereby established to hear appeals from the awards issued by the Tribunal. 2. The […...] Committee shall, upon the entry into force of this Agreement, appoint six Members to the Appeal Tribunal. Two of the Members shall be nationals of a Member State of the European Union, two shall be nationals of Chile and two shall be nationals of third countries. In appointing the Members of the Appeal Tribunal, the Committee is encouraged to consider the need to ensure diversity and a fair gender representation. 3. The Committee may decide to increase the number of the Members of the Appeal Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraph 2. 4. The Members of the Appeal Tribunal shall possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise in international investment law, international trade law and the resolution of disputes arising under international investment or international trade agreements. 5. Members of the Appeal Tribunal shall be appointed for a five-year term. However, the terms of three of the six persons appointed immediately after the entry into force of the Agreement, to be determined by lot, shall extend to eight years. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor’s 's term. A person who is serving on a division of the Tribunal when his or her term expires may, with the authorization of the President of the Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunal. 6. The Appeal Tribunal shall have a President and Vice-President responsible for organisational issues, with the assistance of the Secretariat. The President and the Vice- President shall be selected by lot for a two-year term from among the Members who are nationals of third countries. They shall serve on the basis of a rotation drawn by lot by the Chair of the […] Committee. The Vice-President shall replace the President when the President is unavailable. 7. The Appeal Tribunal shall hear appeals in divisions consisting of three Members, of whom one shall be a national of a Member State of the European Union, one a national of Chile and one a national of a third country. The division shall be chaired by the Member who is a national of a third country. 8. The composition of the division hearing each appeal shall be established in each case by the President of the Appeal Tribunal on a rotation basis, ensuring that the composition of each division is random and unpredictable, while giving equal opportunity to all Members to serve. 9. The Appeal Tribunal shall draw up its own working procedures, after discussing with the Parties. 10. All Members serving on the Appeal Tribunal shall be available at all times and on short notice and shall stay abreast of other dispute settlement activities under this agreement. 11. In order to ensure their availability, the Members of the Appeal Tribunal shall be paid a monthly retainer fee and receive a fee for each day worked as a Member, to be determined by decision of the […] Committee. The President of the Appeal Tribunal and, where applicable, the Vice-President, shall receive a fee for each day worked in fulfilling the functions of President of the Appeal Tribunal pursuant to this Section. 12. The remuneration of the Members shall be paid by both Parties taking into account their respective levels of development into an account managed by the Secretariat of ICSID. In the event that one Party fails to pay the retainer fee the other Party may elect to pay. Any such arrears will remain payable, with appropriate interest. The Committee shall regularly review the amount and repartition of the abovementioned fees and may recommend relevant adjustments. 13. Upon a decision by the […] Committee, the retainer fee and the fees for days worked may be permanently transformed into a regular salary. In such an event, the Members of the Appeal Tribunal shall serve on a full-time basis and the […] Committee shall fix their remuneration and related organisational matters. In that event, the Members shall not be permitted to engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the President of the Appeal Tribunal. 14. The Secretariat of ICSID shall act as Secretariat for the Appeal Tribunal and provide it with appropriate support. The expenses for such support shall be allocated by the Appeal Tribunal among the disputing parties in accordance with Article 10.53 (Provisional Award) paragraphs 4, 5, 6 and 7 [specific paras tbd...].

Appeal Tribunal. 1. A permanent Appeal Tribunal is hereby established to hear appeals from the awards issued by the Tribunal. 2. The […] Committee shallAppeal Tribunal shall be composed of six Members, upon the entry into force of this Agreement, appoint six Members to the Appeal Tribunal. Two of the Members whom two shall be nationals of a Member State of the European Union, two shall be nationals of Chile Viet Nam and two shall be nationals of third countries. 3. In appointing Pursuant to subparagraph 5(a) of Article 4.1 (Committee), the Committee shall, upon entry into force of this Agreement, appoint the six Members of the Appeal Tribunal, the Committee is encouraged to consider the need to ensure diversity and a fair gender representation.Tribunal.â 34. The Committee may decide to increase or decrease the number of the Members of the Appeal Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraph 2. 4. The Members of the Appeal Tribunal shall possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise in international investment law, international trade law paragraphs 2 and the resolution of disputes arising under international investment or international trade agreements3. 5. Members of the The Appeal Tribunal Members shall be appointed for a fivefour-year term, renewable once. However, the terms of three of the six persons appointed immediately after the entry into force of the this Agreement, to be determined by lot, shall extend to eight six years. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor’s 's term. A person Instead of proposing the appointment of two Members who is serving on a division have its nationality or citizenship, either Party may propose to appoint up to two Members who have other nationalities or citizenship. In this case, such Members shall be considered to be nationals or citizens of the Tribunal when Party that proposed his or her term expires may, with appointment for the authorization purposes of the President of the Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunalthis Article. 6. The Appeal Tribunal shall have a President and Vice-President responsible for organisational issues, with the assistance of the Secretariat. The President and the Vice- President who shall be selected by lot for a two-year term from among the Members who are nationals of third countries. They shall serve on the basis of a rotation drawn by lot by the Chair of the […] Committee. The Vice-President shall replace the President when the President is unavailable. 7. The Members of the Appeal Tribunal shall have demonstrated expertise in public international law, and possess the qualifications required in their respective countries for appointment to the highest judicial offices or be jurists of recognised competence. It is desirable that they have expertise in international investment law, international trade law and the resolution of disputes arising under international investment or international trade agreements. 8. The Appeal Tribunal shall hear appeals in divisions consisting of three Members, Members of whom one shall be a national of a Member State of the European Union, one a national of Chile Viet Nam and one a national of a third country. The division shall be chaired by the Member who is a national of a third country. 89. The composition of the division hearing each appeal shall be established in each case by the President of the Appeal Tribunal on a rotation basis, ensuring that the composition of each division is random and unpredictable, while giving equal opportunity to all Members to serve. A person who is serving on a division of the Appeal Tribunal when his or her term expires may, with the authorisation of the President of the Appeal Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunal. 910. The Appeal Tribunal shall draw up its own working procedures, after discussing . The working procedures shall be compatible with this Section and the instructions provided in Annex 13 (Working Procedures for the Appeal Tribunal). The President of the Appeal Tribunal shall draw up draft working procedures in consultation with the other Members of the Appeal Tribunal and present the draft working procedures to the Committee within one year of the date of the entry into force of this Agreement. The draft working procedures shall be adopted by the Committee. If the draft working procedures are not adopted by the Committee within three months of their presentation, the President of the Appeal Tribunal shall make the necessary revision to the draft working procedures, taking into consideration the views expressed by the Parties. The President of the Appeal Tribunal shall subsequently present the revised draft working procedures to the Committee. The revised draft working procedures shall be considered adopted, unless the Committee decides to reject the revised draft working procedures within three months of their presentation. 11. When a procedural question arises that is not covered by this Section, by any supplementing tules adopted by the Committee or by working procedures adopted pursuant to paragraph 10, the relevant division of the Appeal Tribunal may adopt an appropriate procedure that is compatible with those provisions. 12. All A division of the Appeal Tribunal shall make every effort to take any decision by consensus. In case that a decision cannot be reached by consensus, the division of the Appeal Tribunal shall render its decision by a majority of votes of all its Members. Opinions expressed by individual Members serving on of a division of Appeal Tribunal shall be anonymous. 13. The Members of the Appeal Tribunal shall be available at all times and on at short notice and shall stay abreast of other dispute settlement activities under this agreementAgreement. 1114. In order to ensure their availability, the The Members of the Appeal Tribunal shall be paid a monthly retainer fee and receive a fee for each day worked as a Member, to be determined by decision of the […] Committee. The In addition, the President of the Appeal Tribunal and, where applicable, and the Vice-President, where applicable, shall receive a daily fee equivalent to the fee determined pursuant to paragraph 16 for each day worked in fulfilling the functions of President of the Appeal Tribunal pursuant to this Section. 1215. The remuneration of retainer fee and the Members daily fee referred to in paragraph 14 shall be paid by both Parties taking into account their respective levels level of development into an account managed by the Secretariat of ICSID. In the event that one Party fails to pay the retainer fee or the daily fee, the other Party may elect to paypay instead. Any such arrears will remain payable, with appropriate interestinterests. 16. The Upon entry into force of this Agreement, the Committee shall regularly review adopt a decision determining the amount and repartition of the abovementioned other fees and may recommend relevant adjustments. 13. Upon a decision by the […] Committee, the retainer fee and the fees for days worked may be permanently transformed into a regular salary. In such an event, expenses of the Members of the Appeal Tribunal shall serve on a full-time basis and the […] Committee shall fix their remuneration and related organisational matters. In that event, the Members shall not be permitted to engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the President division of the Appeal Tribunal. 14. The Secretariat of ICSID shall act as Secretariat for the Appeal Tribunal Such fees and provide it with appropriate support. The expenses for such support shall be allocated by the Tribunal, or where applicable by the Appeal Tribunal Tribunal, among the disputing parties in accordance with Article 10.53 (Provisional Award) paragraphs 4, 5, 6 and 7 [specific paras tbd].paragraph 4 of Article

Appeal Tribunal. 1. A permanent Appeal Tribunal is hereby established to hear appeals from the awards issued by the Tribunal. 2. The […] Committee shallAppeal Tribunal shall be composed of six Members, upon the entry into force of this Agreement, appoint six Members to the Appeal Tribunal. Two of the Members whom two shall be nationals of a Member State of the European Union, two shall be nationals of Chile Viet Nam and two shall be nationals of third countries. 3. In appointing Pursuant to subparagraph 5(a) of Article 4.1 (Committee), the Committee shall, upon entry into force of this Agreement, appoint the six Members of the Appeal Tribunal, the Committee is encouraged to consider the need to ensure diversity and a fair gender representation.Tribunal.1 34. The Committee may decide to increase or decrease the number of the Members of the Appeal Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraph 2. 4. The Members of the Appeal Tribunal shall possess the qualifications required in their respective countries for appointment to the highest judicial offices, or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise in international investment law, international trade law paragraphs 2 and the resolution of disputes arising under international investment or international trade agreements3. 5. Members of the The Appeal Tribunal Members shall be appointed for a fivefour-year term, renewable once. However, the terms of three of the six persons appointed immediately after the entry into force of the this Agreement, to be determined by lot, shall extend to eight six years. Vacancies shall be filled as they arise. A person appointed to replace a person whose term of office has not expired shall hold office for the remainder of the predecessor’s 's term. A person who is serving on a division of the Tribunal when his or her term expires may, with the authorization of the President of the Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunal. 6. The Appeal Tribunal shall have a President and Vice-President responsible for organisational issues, with the assistance of the Secretariat. The President and the Vice- President who shall be selected by lot for a two-year term from among the Members who are nationals of third countries. They shall serve on the basis of a rotation drawn selected by lot by the Chair co-chairs of the […] CommitteeCommittee or their respective delegates. The Vice-President shall replace the President when the President is unavailable. 7. The Members of the Appeal Tribunal shall have demonstrated expertise in public international law, and possess the qualifications required in their respective countries for appointment to the highest judicial offices or be jurists of recognised competence. It is desirable that they have expertise in international investment law, international trade law and the resolution of disputes arising under international investment or international trade agreements. 8. The Appeal Tribunal shall hear appeals in divisions consisting of three Members, Members of whom one shall be a national of a Member State of the European Union, one a national of Chile Viet Nam and one a national of a third country. The division shall be chaired by the Member who is a national of a third country. 89. The composition of the division hearing each appeal shall be established in each case by the President of the Appeal Tribunal on a rotation basis, ensuring that the composition of each division is random and unpredictable, while giving equal opportunity to all Members to serve. A person who is serving on a division of the Appeal Tribunal when his or her term expires may, with the authorisation of the President of the Appeal Tribunal, continue to serve on the division until the closure of the proceedings of that division and shall, for that purpose only, be deemed to continue to be a Member of the Appeal Tribunal. 910. The Appeal Tribunal shall draw up its own working procedures, after discussing . The working procedures shall be compatible with this Section and the instructions provided in Annex 13 (Working Procedures for the Appeal Tribunal). The President of the Appeal Tribunal shall draw up draft working procedures in consultation with the other Members of the Appeal Tribunal and present the draft working procedures to the Committee within one year of the date of the entry into force of this Agreement. The draft working procedures shall be adopted by the Committee. If the draft working procedures are not adopted by the Committee within three months of their presentation, the President of the Appeal Tribunal shall make the necessary revision to the draft working procedures, taking into consideration the views expressed by the Parties. The President of the Appeal Tribunal shall subsequently present the revised draft working procedures to the Committee. The revised draft working procedures shall be considered adopted, unless the Committee decides to reject the revised draft working procedures within three months of their presentation. 11. When a procedural question arises that is not covered by this Section, by any supplementing rules adopted by the Committee or by working procedures adopted pursuant to paragraph 10, the relevant division of the Appeal Tribunal may adopt an appropriate procedure that is compatible with those provisions. 12. All A division of the Appeal Tribunal shall make every effort to take any decision by consensus. In case a decision cannot be reached by consensus, the division of the Appeal Tribunal shall render its decision by a majority of votes of all its Members. Opinions expressed by individual Members serving on of a division of the Appeal Tribunal shall be anonymous. 13. The Members of the Appeal Tribunal shall be available at all times and on at short notice and shall stay abreast of other dispute settlement activities under this agreementAgreement. 1114. In order to ensure their availability, the The Members of the Appeal Tribunal shall be paid a monthly retainer fee and receive a fee for each day worked as a Member, to be determined by decision of the […] Committee. The In addition, the President of the Appeal Tribunal andand the Vice‑President, where applicable, the Vice-President, shall receive a daily fee equivalent to the fee determined pursuant to paragraph 16 for each day worked in fulfilling the functions of President of the Appeal Tribunal pursuant to this Section. 1215. The remuneration of retainer fee and the Members daily fee referred to in paragraph 14 shall be paid by both Parties taking into account their respective levels level of development into an account managed by the Secretariat of ICSID. In the event that one Party fails to pay the retainer fee or the daily fee, the other Party may elect to paypay instead. Any such arrears will remain payable, with appropriate interestinterests. 16. The Upon entry into force of this Agreement, the Committee shall regularly review adopt a decision determining the amount and repartition of the abovementioned other fees and may recommend relevant adjustmentsexpenses of the Members of a division of the Appeal Tribunal. Such fees and expenses shall be allocated by the Appeal Tribunal, among the disputing parties in accordance with paragraph 4 of Article 3.53 (Provisional Award). 1317. Upon a decision by the […] Committee, the retainer fee, the daily fee and the other fees for days worked and expenses may be permanently transformed into a regular salary. In such an eventcase, the Members of the Appeal Tribunal shall serve on a full-time basis and the […] Committee shall fix their remuneration and related organisational matters. In that event, the Members they shall not be permitted to engage in any occupation, whether gainful or not, unless exemption is exceptionally granted by the President of the Appeal Tribunal. The Committee shall fix their remuneration and related organisational matters. 1418. The Secretariat of ICSID shall act as Secretariat for the Appeal Tribunal and provide it with appropriate support. The expenses for such support shall be allocated by the Appeal Tribunal among the disputing parties in accordance with paragraph 4 of Article 10.53 3.53 (Provisional Award) paragraphs 4, 5, 6 and 7 [specific paras tbd]).