Common use of Appointment of Arbitral Tribunals Clause in Contracts

Appointment of Arbitral Tribunals. 1. A Party that requested consultations under Article 14C.1 may request, by means of a written notice addressed to the responding Party, the appointment of an arbitral tribunal if the consulting Parties fail to resolve the matter within: (a) a period of 60 days after the date of receipt of the request for consultations under Article 14C.1; (b) a period of 30 days after the date of receipt of the request for consultations under Article 14C.1 in a matter regarding perishable goods; or (c) any other period as the consulting Parties may agree. 2. The complaining Party shall circulate the request concurrently to all Parties through the overall contact points designated under Article 12.6 (Contact Points). 3. The complaining Party shall include in the request to appoint an arbitral tribunal an identification of the measure or other matter at issue and a brief summary of the legal basis of the complaint sufficient to present the problem clearly. 4. Unless otherwise agreed by the disputing Parties, the arbitral tribunal shall be established and perform its functions in a manner consistent with this Annex. 5. Unless the disputing Parties agree otherwise, the arbitral tribunal shall be composed in a manner consistent with this Annex and the Rules of Procedure. 6. If an arbitral tribunal has been established regarding a matter and another Party requests the establishment of an arbitral tribunal regarding the same matter, a single arbitral tribunal should be established to examine those complaints whenever feasible. 7. An arbitral tribunal shall not be established to review a proposed measure.

Appointment of Arbitral Tribunals. 1. A Party that requested consultations under Article 14C.1 may request, by means of a written notice addressed to the responding Party, the appointment of an arbitral tribunal if the consulting Parties fail to resolve the matter within: (a) a period of 60 days after the date of receipt of the request for consultations under Article 14C.1; (b) a period of 30 days after the date of receipt of the request for consultations under Article 14C.1 in a matter regarding perishable goods; or (c) any other period as the consulting Parties may agree. 2. The complaining Party shall circulate the request concurrently to all Parties through the overall contact points designated under Article 12.6 (Contact Points). 3. The complaining Party shall include in the request to appoint an arbitral tribunal an identification of the measure or other matter at issue and a brief summary of the legal basis of the complaint sufficient to present the problem clearly. 4. Unless otherwise agreed by the disputing Parties, the arbitral tribunal shall be established and perform its functions in a manner consistent with this Annex. 5. Unless the disputing Parties agree otherwise, the arbitral tribunal shall be composed in a manner consistent with this Annex and the Rules of Procedure. 6. If an arbitral tribunal has been established regarding a matter and another Party requests Partyrequests the establishment of an arbitral tribunal regarding the same matter, a single arbitral tribunal should be established to examine those complaints whenever feasible. 7. An arbitral tribunal shall not be established to review a proposed measure.