Common use of Arbitration Panel Clause in Contracts

Arbitration Panel. 1. The arbitration panel shall comprise three members. 2. In the written notification pursuant to Article 91, the Party or the Parties referring the dispute to arbitration shall designate one member of the arbitration panel. 3. Within 15 days of the receipt of the notification referred to in paragraph 2, the Party or Parties to which it was addressed to shall designate one member of the arbitration panel. 4. The Parties to the dispute shall agree on the appointment of the third arbitrator within 15 days of the appointment of the second arbitrator. The member thus appointed shall chair the arbitration panel. 5. If all 3 members have not been designated or appointed within 30 days from the date of receipt of the notification referred to in paragraph 2, the necessary designations shall be made at the request of any Party to the dispute by the Director-General of the WTO within a further 30 days. 6. The Chair of the arbitration panel shall not be a national of any of the Parties, nor have his or her usual place of residence in the territory of any of the Parties, nor be employed or previously have been employed by any of the Parties, nor have dealt with the case in any capacity. 7. If an arbitrator dies, withdraws or is removed, a replacement shall be selected within 15 days in accordance with the selection procedure followed to select him or her. In such a case, any time period applicable to the arbitration panel proceedings shall be suspended for a period beginning on the date the arbitrator dies, withdraws or is removed and ending on the date the replacement is selected. 8. The date of establishment of the arbitration panel shall be the date on which the Chair is appointed.

Arbitration Panel. 1. The arbitration panel shall comprise three members. 2. In the written notification pursuant to Article 9159, the Party or the Parties referring the dispute to arbitration shall designate one member of the arbitration panel. 3. Within 15 days of the receipt of the notification referred to in paragraph 2, the Party or Parties to which it was addressed to shall designate one member of the arbitration panel. 4. The Parties to the dispute shall agree on the appointment of the third arbitrator within 15 30 days of the appointment of the second arbitrator. The member thus appointed shall chair the arbitration panel. 5. If all 3 members have not been designated or appointed within 30 45 days from the date of receipt of the notification referred to in paragraph 2, the necessary designations shall be made at the request of any Party to the dispute by the Director-Director- General of the WTO World Trade Organization within a further 30 days. 6. The Chair of the arbitration panel shall not be a national of any of the Parties, nor have his or her usual place of residence in the territory of any of the Parties, nor be employed or previously have been employed by any of the Parties, nor have dealt with the case in any capacity. 7. If an arbitrator dies, withdraws or is removed, a replacement shall be selected within 15 days in accordance with the selection procedure followed to select him or her. In such a case, any time period applicable to the arbitration panel proceedings shall be suspended for a period beginning on the date the arbitrator dies, withdraws or is removed and ending on the date the replacement is selected. 8. The date of establishment of the arbitration panel shall be the date on which the Chair is appointed.

Arbitration Panel. 1. The arbitration panel shall comprise three members. 2. In the written notification request pursuant to Article 918.4, the Party or the Parties referring the dispute to arbitration shall designate one member of the arbitration panel. 3. Within 15 days of the receipt of the notification request referred to in paragraph 2, the Party or Parties to which it was addressed to shall designate one member of the arbitration panel. 4. The Parties to the dispute shall agree on the appointment of the third arbitrator member within 15 30 days of the appointment of the second arbitratormember. The member thus appointed shall chair the arbitration panel. 5. If all 3 three members have not been designated or appointed within 30 45 days from the date of receipt of the notification referred to in paragraph 2, the necessary designations shall be made at the request of any Party to the dispute by the Director-Director- General of the WTO within a further 30 days. Should the designation or appointment of all three members not have taken place within the 30 days, the request shall be made to the Secretary-General of the Permanent Court of Arbitration (PCA). If the Director- General of the WTO or the Secretary-General of the PCA is unable to act under this shall be effected by the Deputy Director-General of the WTO or the Deputy Secretary General of the PCA. 6. The Chair of the arbitration panel shall not be a national of any of the Parties, nor have his or her usual place of residence in the territory of any of the Parties, nor be employed or previously have been employed by any of the Parties, nor have dealt with the case in any capacity. 7. Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s compliance with this Chapter or the Model Rules of Procedure as set out in Annex XV. If the other Party does not agree to the challenge or the challenged arbitrator does not withdraw, the decision on the challenge will be made by the Director-General of the WTO or the Secretary-General of the PCA in accordance with the procedure set out in paragraph 5. 8. If an arbitrator is unable to participate in the proceeding, dies, withdraws or is removed, a replacement shall be selected within 15 days in accordance with the selection procedure followed to select him or herappoint the original arbitrator and the succeeding arbitrator shall have all powers and duties of the original arbitrator. In such a case, any time period applicable to the arbitration panel proceedings shall be suspended for a period beginning on the date the arbitrator dies, withdraws or is removed and ending on the date the replacement is selectedduring this period. 89. The date of establishment of the arbitration panel shall be the date on which the Chair chair is appointed.

Arbitration Panel. 1. The arbitration panel shall comprise three members. 2. In the written notification pursuant to Article 9159, the Party or the Parties referring the dispute to arbitration shall designate one member of the arbitration panel. 3. Within 15 days of the receipt of the notification referred to in paragraph 2, the Party or Parties to which it was addressed to shall designate one member of the arbitration panel. 4. The Parties to the dispute shall agree on the appointment of the third arbitrator within 15 30 days of the appointment of the second arbitrator. The member thus appointed shall chair the arbitration panel. 5. If all 3 members have not been designated or appointed within 30 45 days from the date of receipt of the notification referred to in paragraph 2, the necessary designations shall be made at the request of any Party to the dispute by the Director-General of the WTO World Trade Organization within a further 30 days. 6. The Chair of the arbitration panel shall not be a national of any of the Parties, nor have his or her usual place of residence in the territory of any of the Parties, nor be employed or previously have been employed by any of the Parties, nor have dealt with the case in any capacity. 7. If an arbitrator dies, withdraws or is removed, a replacement shall be selected within 15 days in accordance with the selection procedure followed to select him or her. In such a case, any time period applicable to the arbitration panel proceedings shall be suspended for a period beginning on the date the arbitrator dies, withdraws or is removed and ending on the date the replacement is selected. 8. The date of establishment of the arbitration panel shall be the date on which the Chair is appointed.