Common use of Composition of Arbitral Panels Clause in Contracts

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an arbitral panel shall consist of three (3) members. 2. Each party to the dispute shall appoint one member of the arbitral panel within thirty (30) days after the date of receipt of the request under Article 5. If any party to the dispute fails to appoint a member of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act as the sole member of the arbitral panel, notwithstanding paragraph 1. 3. The parties to the dispute shall endeavour to agree on the third member who shall serve as the chair of the arbitral panel within thirty (30) days of the appointment of the second member. If the parties to the dispute are unable to agree on the chair within this period, the chair shall be jointly appointed, by the members of the arbitral panel who have been appointed under paragraph 2, within a further period of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at the request of the members of the arbitral panel by the Director-General of the WTO within thirty (30) days after the date of receipt of the request. In the event that the Director-General is a national of one of the parties to the dispute, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute shall be requested to appoint the chair. 4. The date of establishment of the arbitral panel shall be the date on which the chair is appointed under paragraph 3 or, the 30th day after the date of receipt of the request under Article 5 where only a sole member of the arbitral panel is available. 5. If a member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the original member and the successor member shall have all the powers and duties of the original member. The work of the arbitral panel shall be suspended until the successor member is appointed. 6. Any person appointed as a member of an arbitral panel shall have expertise or experience in law, international trade, other matters covered by the covered agreements or the resolution of disputes arising under international trade agreements. A member shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral panel proceedings. If a party to the dispute believes that a member is in violation of the basis stated above, the parties to the dispute shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall not be a national of any party to the dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party to the dispute nor have dealt with the referred matter in any capacity. 7. Where the original arbitral panel is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new arbitral panel shall be established in accordance with this Article. The same timeframe which would have applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panel.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an An arbitral panel shall consist of comprise three (3) memberspanelists. 2. Each party to the dispute shall appoint one member of the arbitral panel Party shall, within thirty forty (3040) days after the date of receipt of the request under Article 5. If any party for the establishment of an arbitral panel, appoint one panelist who may be its national and propose up to the dispute fails three candidates to appoint a member of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act serve as the sole member third panelist who shall be the chair of the arbitral panel. The third panelist shall not be a national of either Party, notwithstanding paragraph 1nor have his or her usual place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity. 3. The parties to the dispute Parties shall endeavour to agree on and appoint the third member who shall serve as the chair of the arbitral panel panelist within thirty fifty (30) days of the appointment of the second member. If the parties to the dispute are unable to agree on the chair within this period, the chair shall be jointly appointed, by the members of the arbitral panel who have been appointed under paragraph 2, within a further period of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at the request of the members of the arbitral panel by the Director-General of the WTO within thirty (3050) days after the date of receipt of the request. In request for the event that establishment of an arbitral panel, taking into account the Director-General is a national of one of the parties candidates proposed pursuant to the dispute, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute shall be requested to appoint the chairparagraph 2. 4. The date of establishment of If a Party has not appointed a panelist pursuant to paragraph 2 or if the arbitral panel Parties fail to agree on and appoint the third panelist pursuant to paragraph 3, the panelist or panelists not yet appointed shall be chosen within seven (7) days by lot from the date on which the chair is appointed under candidates proposed pursuant to paragraph 3 or, the 30th day after the date of receipt of the request under Article 5 where only a sole member of the arbitral panel is available2. 5. All panelists shall: (a) have expertise or experience in law, international trade or other matters covered by this Agreement; (b) be chosen strictly on the basis of objectivity, reliability and sound judgment; (c) be independent of, and not be affiliated with or receive instructions from, the government of either Party; and (d) comply with a code of conduct to be agreed by the Parties after the entry into force of this Agreement. 6. If a member panelist appointed under this Article resigns or dies, becomes unable to actact or resigns, a successor member shall be appointed within twenty (20) days in the same manner as prescribed for accordance with the appointment of the original member procedure provided for in paragraphs 2, 3 and the 4, which shall be applied respectively, mutatis mutandis. The successor member shall have all the powers and duties of the original memberpanelist. The work of the arbitral panel shall be suspended until the successor member is appointed. 6. Any person appointed as for a member of an arbitral panel shall have expertise or experience in law, international trade, other matters covered by the covered agreements or the resolution of disputes arising under international trade agreements. A member shall be chosen strictly period beginning on the basis of objectivitydate the original panelist dies, reliability, sound judgment and independence and shall conduct himself becomes unable to act or herself on the same basis throughout the course resigns. The work of the arbitral panel proceedings. If a party to shall resume on the dispute believes that a member date the successor is in violation of the basis stated above, the parties to the dispute shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall not be a national of any party to the dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party to the dispute nor have dealt with the referred matter in any capacityappointed. 7. Where the original arbitral panel is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new arbitral panel shall be established in accordance with this Article. The same timeframe which would have applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panel.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an An arbitral panel shall consist of comprise three (3) memberspanelists. 2. Each party to the dispute shall appoint one member of the arbitral panel Party shall, within thirty (30) 30 days after the date of receipt of the request under Article 5. If any party for the establishment of an arbitral panel, appoint one panelist who may be its national and propose up to the dispute fails three candidates to appoint a member of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act serve as the sole member third panelist who shall be the chair of the arbitral panel. The third panelist shall not be a national of either Party, notwithstanding paragraph 1nor have his or her usual place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity. 3. The parties to the dispute Parties shall endeavour to agree on and appoint the third member who shall serve as the chair of the arbitral panel panelist within thirty (30) days of the appointment of the second member. If the parties to the dispute are unable to agree on the chair within this period, the chair shall be jointly appointed, by the members of the arbitral panel who have been appointed under paragraph 2, within a further period of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at the request of the members of the arbitral panel by the Director-General of the WTO within thirty (30) 45 days after the date of receipt of the request. In request for the event that establishment of an arbitral panel, taking into account the Director-General is a national of one of the parties candidates proposed pursuant to the dispute, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute shall be requested to appoint the chairparagraph 2. 4. The date of establishment of If a Party has not appointed a panelist pursuant to paragraph 2 or if the arbitral panel Parties fail to agree on and appoint the third panelist pursuant to paragraph 3, the panelist or panelists not yet appointed shall be chosen within seven days by lot from the date on which the chair is appointed under candidates proposed pursuant to paragraph 3 or, the 30th day after the date of receipt of the request under Article 5 where only a sole member of the arbitral panel is available2. 5. All panelists shall: (a) have expertise or experience in law, international trade or other matters covered by this Agreement; (b) be chosen strictly on the basis of objectivity, reliability and sound judgment; (c) be independent of, and not be affiliated with or receive instructions from, the government of either Party; and (d) comply with a code of conduct, to be provided in the Rules of Procedure referred to in Article 21.13. 6. If a member panelist appointed under this Article resigns or dies, becomes unable to actact or resigns, a successor member shall be appointed within 15 days in the same manner as prescribed for accordance with the appointment of the original member procedure provided for in paragraphs 2, 3 and the 4, which shall be applied, respectively, mutatis mutandis. The successor member shall have all the powers and duties of the original memberpanelist. The work of the arbitral panel shall be suspended until the successor member is appointed. 6. Any person appointed as for a member of an arbitral panel shall have expertise or experience in law, international trade, other matters covered by the covered agreements or the resolution of disputes arising under international trade agreements. A member shall be chosen strictly period beginning on the basis of objectivitydate the original panelist dies, reliability, sound judgment and independence and shall conduct himself becomes unable to act or herself on the same basis throughout the course resigns. The work of the arbitral panel proceedings. If a party to shall resume on the dispute believes that a member date the successor is in violation of the basis stated above, the parties to the dispute shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall not be a national of any party to the dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party to the dispute nor have dealt with the referred matter in any capacityappointed. 7. Where the original arbitral panel is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new arbitral panel shall be established in accordance with this Article. The same timeframe which would have applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panel.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an The arbitral panel shall consist of comprise three (3) members. 2. Each party In the written request pursuant to Article 9, the dispute complaining Party requesting the establishment of an arbitral panel shall appoint designate one member of that arbitral panel. 3. Within 15 days of the receipt of the request referred to in paragraph 2, the responding Party shall designate one member of the arbitral panel within thirty (30) days after the date of receipt of the request under Article 5panel. If any a party to the dispute fails to appoint a member of the arbitral panel an arbitrator within such period15 days, then the member of the arbitral panel arbitrator appointed by the other party to the dispute Party shall act as the sole member arbitrator of the arbitral panel, notwithstanding paragraph 1. 34. The parties to Parties shall by agreement appoint the dispute third arbitrator within 15 days of the appointment of the second arbitrator. The arbitrator so appointed shall endeavour chair the arbitral panel. If the Parties are unable to agree on the third member who shall serve as the chair of the arbitral panel within thirty (30) 15 days of after the appointment of date on which the second member. If the parties to the dispute are unable to agree on the chair within this period, the chair shall be jointly arbitrator has been appointed, by the members of the arbitral panel who have been appointed under paragraph 2, within a further period of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at in the request presence of both Parties by a draw of lot from a list comprising three nominees of each Party, fulfilling the qualifications and criteria laid down in paragraph 6. If a Party fails to submit its list of three nominees within ten days of the members other Party submitting its list, the Chair shall be appointed by a draw of lot from the list already submitted by the other Party. 5. Except in case of sole arbitrator established under paragraph 3, the Chair of the arbitral panel by the Director-General of the WTO within thirty (30) days after the date of receipt of the request. In the event that the Director-General is shall not be a national of one either Party, nor have his or her usual place of residence in the territory of either Party, nor be employed by either Party, nor have dealt with the matter before the arbitral panel in any capacity. 6. All arbitrators shall: (a) have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements; (b) be chosen strictly on the basis of objectivity, reliability, and sound judgment; and (c) be independent of, and not to take instructions from, any Party. 7. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed within 15 days in accordance with the selection procedure as prescribed for the appointment of the parties to original arbitrator and the dispute, successor shall have all the Deputy Director-General or powers and duties of the officer next in seniority who is not a national of any party to the dispute shall be requested to appoint the chairoriginal arbitrator. 48. The date of establishment of the arbitral panel shall be the date on which the chair Chair is appointed under paragraph 3 orappointed, or in the 30th day after case of sole arbitrator on the date of receipt expiry of the request under Article 5 where only a sole member of the arbitral panel is availabletimeframe set out in paragraph 3. 5. If a member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the original member and the successor member shall have all the powers and duties of the original member. The work of the arbitral panel shall be suspended until the successor member is appointed. 6. Any person appointed as a member of an arbitral panel shall have expertise or experience in law, international trade, other matters covered by the covered agreements or the resolution of disputes arising under international trade agreements. A member shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral panel proceedings. If a party to the dispute believes that a member is in violation of the basis stated above, the parties to the dispute shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall not be a national of any party to the dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party to the dispute nor have dealt with the referred matter in any capacity. 7. Where the original arbitral panel is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new arbitral panel shall be established in accordance with this Article. The same timeframe which would have applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panel.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an An arbitral panel shall consist comprise three panellists. All appointments and nominations of three (3) memberspanellists under this Article shall conform fully with the requirements in paragraphs 5 and 6. 2. Each party to the dispute shall appoint one member of the arbitral panel Party shall, within thirty (30) 30 days after the date of receipt of the request under Article 5. If any party for the establishment of an arbitral panel, appoint one panellist who may be its national and propose up to the dispute fails three candidates to appoint a member of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act serve as the sole member third panellist who shall be the chair of the arbitral panel. The third panellist shall not be a national of either Party, notwithstanding paragraph 1nor have his or her usual place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity. 3. The parties to the dispute Parties shall endeavour to agree on and appoint the third member who shall serve as the chair of the arbitral panel panellist within thirty (30) days of the appointment of the second member. If the parties to the dispute are unable to agree on the chair within this period, the chair shall be jointly appointed, by the members of the arbitral panel who have been appointed under paragraph 2, within a further period of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at the request of the members of the arbitral panel by the Director-General of the WTO within thirty (30) 45 days after the date of receipt of the request. In request for the event that establishment of an arbitral panel, taking into account the Director-General is a national of one of the parties candidates proposed pursuant to the dispute, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute shall be requested to appoint the chairparagraph 2. 4. The date of establishment of If a Party has not appointed a panellist pursuant to paragraph 2 or if the arbitral panel Parties fail to agree on and appoint the third panellist pursuant to paragraph 3, the panellist or panellists not yet appointed shall be chosen within seven days by lot from the date on which the chair is appointed under candidates proposed pursuant to paragraph 3 or, the 30th day after the date of receipt of the request under Article 5 where only a sole member of the arbitral panel is available2. 5. If a member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the original member and the successor member shall have all the powers and duties of the original member. The work of the arbitral panel shall be suspended until the successor member is appointed.All panellists shall: 6. Any person appointed as a member of an arbitral panel shall (a) have expertise or experience in law, international trade, trade or other matters covered by the covered agreements or the resolution of disputes arising under international trade agreements. A member shall this Agreement; (b) be chosen strictly on the basis of objectivity, reliabilityreliability and sound judgment; (c) be independent of, sound judgment and independence and shall conduct himself not be affiliated with or herself on the same basis throughout the course of the arbitral panel proceedings. If a party to the dispute believes that a member is in violation of the basis stated abovereceive instructions from, the parties government of either Party; and (d) comply with a code of conduct, to be provided in the dispute Rules of Procedure referred to in Article 12.17. 6 Panellists shall consult serve in their individual capacities and if they agreenot as government representatives, the member shall be removed and a new member shall be appointed in accordance with this Articlenor as representatives of any organisation. Additionally, the chair The Parties shall not be a national of any party give them instructions nor seek to the dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party influence them as individuals with regard to the dispute nor have dealt with the referred matter in any capacity. 7. Where the original arbitral panel is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new arbitral panel shall be established in accordance with this Article. The same timeframe which would have applied, had the original arbitral panel heard the matter, shall apply for the newly established matters before an arbitral panel.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an arbitral panel shall consist of three (3) members. 2. Each party to the dispute shall appoint one member of the arbitral panel within thirty (30) days after the date of receipt of the request under Article 5. If any party to the dispute fails to appoint a member of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act as the sole member of the arbitral panel, notwithstanding paragraph 1. 3. The parties to the dispute shall endeavour to agree on the third member who shall serve as the chair of the arbitral panel within thirty (30) days of the appointment of the second member. If the parties to the dispute are unable to agree on the chair within this period, the chair shall be jointly appointed, by the members of the arbitral panel who have been appointed under paragraph 2, within a further period of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at the request of the members of the arbitral panel by the Director-General of the WTO within thirty (30) days after the date of receipt of the request. In the event that the Director-General is a national of one of the parties to the dispute, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute shall be requested to appoint the chair.chair.2 4. The date of establishment of the arbitral panel shall be the date on which the chair is appointed under paragraph 3 or, the 30th day after the date of receipt of the request under Article 5 where only a sole member of the arbitral panel is available. 5. If a member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the original member and the successor member shall have all the powers and duties of the original member. The work of the arbitral panel shall be suspended until the successor member is appointed. 6. Any person appointed as a member of an arbitral panel shall have expertise or experience in law, international trade, other matters covered by the covered agreements or the resolution of disputes arising under international trade agreements. A member shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral panel proceedings. If a party to the dispute believes that a member is in violation of the basis stated above, the parties to the dispute shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall not be a national of any party to the dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party to the dispute nor have dealt with the referred matter in any capacity. 7. Where the original arbitral panel is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new arbitral panel shall be established in accordance with this Article. The same timeframe which would have applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panel.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an The arbitral panel referred to in Article 15.6 (Request for an Arbitral Panel) shall consist of three (3) members. 2. Each party to the dispute Party shall appoint one a member within thirty (30) days of the receipt of the request under Article 15.6 (Request for an Arbitral Panel). 3. If a Party fails to make such an appointment (hereinafter referred to as “the defaulting Party”) within such period: (a) the defaulting Party shall, within fifteen (15) days from the expiry of the time referred to in paragraph 2, select a member from the roster established under subparagraph (b) of Article 15.8 (Establishment of Roster) to serve as the member appointed by the defaulting Party; (b) if the defaulting Party fails to select a member under subparagraph (a), a member shall be selected by lot drawn by the other Party from the individuals nominated by the defaulting Party pursuant to subparagraph (b) of Article 15.8 (Establishment of Roster), to serve as the member appointed by the defaulting Party. 4. The Parties shall jointly appoint the third member, who shall serve as the chair of the arbitral panel. If the Parties are unable to agree on the chair of the arbitral panel within thirty (30) days after the date of receipt of the request under Article 5. If any party to the dispute fails to appoint a member of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act as the sole member of the arbitral panel, notwithstanding paragraph 1. 3. The parties to the dispute shall endeavour to agree on the third member who shall serve as the chair of the arbitral panel within thirty (30) days of the appointment of which the second member. If the parties to the dispute are unable to agree on the chair within this periodmember has been appointed, the chair shall be jointly appointed, selected by lot from the members roster established under subparagraph (a) of the arbitral panel who have been appointed under paragraph 2, within a further period Article 15.8 (Establishment of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at the request of the members of the arbitral panel by the Director-General of the WTO within thirty (30) days after the date of receipt of the request. In the event that the Director-General is a national of one of the parties to the dispute, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute shall be requested to appoint the chairRoster). 45. The date of establishment of the arbitral panel shall be the date on which the chair is appointed under paragraph 3 or, the 30th day after the date of receipt of the request under Article 5 where only appointed. 6. If a sole member of the arbitral panel is available. 5. If a member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the original member and the successor member shall have all the powers and duties of the original member. The work of In such a case, any time period applicable to the arbitral panel proceedings shall be suspended until for a period beginning on the successor date when the original member becomes unable to act and ending on the date when the new member is appointed. 67. Any person appointed as a member of an the arbitral panel shall have expertise or experience in law, international trade, other matters covered by the covered agreements this Agreement, or the resolution of disputes arising under from international trade agreements. A member shall be chosen strictly on the basis bases of objectivity, integrity, reliability, sound judgment and independence independence, and shall not accept instructions from any Party. He or she shall conduct himself or herself on the same basis bases throughout the course of the arbitration proceedings. All members of the arbitral panel proceedingsshall comply with the Rule of Conduct for panellists established under the Understanding of Rules and Procedures Governing the Settlement of Disputes, which is part of the WTO Agreement. If a party to the dispute Party believes that a member is in violation of the basis bases stated above, the parties to the dispute Parties shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall not be a national of any party to the dispute and shall not citizen of, have his or her usual place of residence in the territory of, nor or be employed by, any party to the dispute nor have dealt with the referred matter in any capacityeither Party. 7. Where the original arbitral panel is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new arbitral panel shall be established in accordance with this Article. The same timeframe which would have applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panel.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an The arbitral panel referred to in Article 15.6 (Request for an Arbitral Panel) shall consist of three (3) members. . 2. Each party to the dispute Party shall appoint one a member within thirty (30) days of the receipt of the request under Article 15.6 (Request for an Arbitral Panel). 3. If a Party fails to make such an appointment (hereinafter referred to as "the defaulting Party") within such period: (a) the defaulting Party shall, within fifteen (15) days from the expiry of the time referred to in paragraph 2, select a member from the roster established under subparagraph (b) of Article 15.8 (Establishment of Roster) to serve as the member appointed by the defaulting Party; (b) if the defaulting Party fails to select a member under subparagraph (a), a member shall be selected by lot drawn by the other Party from the individuals nominated by the defaulting Party pursuant to subparagraph (b) of Article 15.8 (Establishment of Roster), to serve as the member appointed by the defaulting Party. 4. The Parties shall jointly appoint the third member, who shall serve as the chair of the arbitral panel. If the Parties are unable to agree on the chair of the arbitral panel within thirty (30) days after the date of receipt of the request under Article 5. If any party to the dispute fails to appoint a member of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act as the sole member of the arbitral panel, notwithstanding paragraph 1. 3. The parties to the dispute shall endeavour to agree on the third member who shall serve as the chair of the arbitral panel within thirty (30) days of the appointment of which the second member. If the parties to the dispute are unable to agree on the chair within this periodmember has been appointed, the chair shall be jointly appointed, selected by lot from the members roster established under subparagraph (a) of the arbitral panel who have been appointed under paragraph 2, within a further period Article 15.8 (Establishment of thirty (30) daysRoster). If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at the request of the members of the arbitral panel by the Director-General of the WTO within thirty (30) days after the date of receipt of the request. In the event that the Director-General is a national of one of the parties to the dispute, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute shall be requested to appoint the chair. 45. The date of establishment of the arbitral panel shall be the date on which the chair is appointed under paragraph 3 or, the 30th day after the date of receipt of the request under Article 5 where only appointed. 6. If a sole member of the arbitral panel is available. 5. If a member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the original member and the successor member shall have all the powers and duties of the original member. The work of In such a case, any time period applicable to the arbitral panel proceedings shall be suspended until for a period beginning on the successor date when the original member becomes unable to act and ending on the date when the new member is appointed. 67. Any person appointed as a member of an the arbitral panel shall have expertise or experience in law, international trade, other matters covered by the covered agreements this Agreement, or the resolution of disputes arising under from international trade agreements. A member shall be chosen strictly on the basis bases of objectivity, integrity, reliability, sound judgment and independence independence, and shall not accept instructions from any Party. He or she shall conduct himself or herself on the same basis bases throughout the course of the arbitration proceedings. All members of the arbitral panel proceedingsshall comply with the Rule of Conduct for panellists established under the Understanding of Rules and Procedures Governing the Settlement of Disputes, which is part of the WTO Agreement. If a party to the dispute Party believes that a member is in violation of the basis bases stated above, the parties to the dispute Parties shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall not be a national of any party to the dispute and shall not citizen of, have his or her usual place of residence in the territory of, nor or be employed by, any party to the dispute nor have dealt with the referred matter in any capacityeither Party. 7. Where the original arbitral panel is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new arbitral panel shall be established in accordance with this Article. The same timeframe which would have applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panel.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an The arbitral panel shall referred to in Article 15.6 shal consist of three (3) members. 2. Each party to the dispute shall Party shal appoint one member a panelist within 30 days of the arbitral panel within thirty (30) days after the date of receipt of the request under Article 5. If any party to 15.6.1, and the dispute fails to appoint a member Parties shal within 30 days of the arbitral panel within such period, then the member appointment of the arbitral panel appointed second of them, designate by common agreement the other party to the dispute shall act as the sole member of third panelist who shal chair the arbitral panel, notwithstanding paragraph 1. The chair shal not be a national of either Party and shal not have his or her usual place of residence in the territory of either Party. 32. The parties to the dispute shall endeavour to agree on If the third member who shall serve as panelist has not been designated within 30 days of the appointment of the second panelist, the Director-General of the World Trade Organisation shal , at the request of either Party, appoint the chair of the arbitral panel within thirty (30) days of the appointment of the second member. If the parties to the dispute are unable to agree on the chair within this period, the chair shall be jointly appointed, by the members of the arbitral panel who have been appointed under paragraph 2, within a further period of thirty (30) 30 days. 3. If the members one of the arbitral panel fail to Parties does not appoint its panelist within 30 days of the chair within receipt of the aforesaid periodrequest under Article 15.6.1, the chair shall be appointed at the request of the members of the arbitral panel by other Party may inform the Director-General of the WTO within thirty (30) days after who shal appoint the date of receipt chair of the requestarbitral panel within a further 30 days and the chair shal , upon appointment, request the Party which has not appointed a panelist to do so within 14 days. In If after such period, that Party has stil not appointed a panelist, the event that chair shal inform the Director-General is a national of one of the parties to the dispute, the Deputy Director-General or the officer next in seniority WTO who is not shal make this appointment within a national of any party to the dispute shall be requested to appoint the chairfurther 30 days. 4. The date of establishment of the arbitral panel shall be the date on which the chair is appointed under paragraph 3 or, the 30th day after the date of receipt of the request under Article 5 where only a sole member of the arbitral panel is available. 5. If a member panelist appointed under this Article resigns or becomes unable to act, a successor member shall panelist xxxx be appointed in the same manner as prescribed for the appointment of the original member panelist and the successor member shall xxxx have all al the powers and duties of the original memberpanelist. The work of In such a case, any time period applicable to the arbitral panel shall proceeding shal be suspended until for a period beginning on the successor member date the panelist resigns or becomes unable to act, and ending on the date the replacement is appointed. 65. Any person appointed as a member of an the arbitral panel shall panel: (a) shal have expertise or experience in law, international trade, other matters covered by the covered agreements this Agreement or the resolution of disputes arising under international trade agreements. A member shall ; and (b) shal be chosen strictly on the basis of objectivity, reliability, sound judgment judgement and independence and shall conduct himself or herself on the same basis throughout the course independence2. 6. Persons appointed as a member of the arbitral panel proceedings. If shal comply with a party Code of Conduct to the dispute believes that a member is in violation of the basis stated above, the parties to the dispute shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall not be a national of any party to the dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party to the dispute nor have dealt with the referred matter in any capacity. 7. Where the original arbitral panel is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new arbitral panel shall be established in accordance with by the Parties by the date of entry into force of this Article. The same timeframe which would have applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panelAgreement.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an arbitral panel shall consist of three (3) members. 2. Each party to the dispute shall appoint one member of the arbitral panel within thirty (30) days after the date of receipt of the request under Article 5. If any party to the dispute fails to appoint a member of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act as the sole member of the arbitral panel, notwithstanding paragraph 1. 3. The parties to the dispute shall endeavour to agree on the third member who shall serve as the chair of the arbitral panel within thirty (30) days of the appointment of the second member. If the parties to the dispute are unable to agree on the chair within this period, the chair shall be jointly appointed, by the members of the arbitral panel who have been appointed under paragraph 2, within a further period of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at the request of the members of the arbitral panel by the Director-General of the WTO within thirty (30) days after the date of receipt of the request. In the event that the Director-General is a national of one of the parties to the dispute, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute shall be requested to appoint the chair. 4. chair.2 The date of establishment of the arbitral panel shall be the date on which the chair is appointed under paragraph 3 or, the 30th day after the date of receipt of the request under Article 5 where only a sole member of the arbitral panel is available. 5. If a member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the original member and the successor member shall have all the powers and duties of the original member. The work of the arbitral panel shall be suspended until the successor member is appointed. 6. Any person appointed as a member of an arbitral panel shall have expertise or experience in law, international trade, other matters covered by the covered agreements or the resolution of disputes arising under international trade agreements. A member shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral panel proceedings. If a party to the dispute believes that a member is in violation of the basis stated above, the parties to the dispute shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall not be a national of any party to the dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party to the dispute nor have dealt with the referred matter in any capacity. 7. Where the original arbitral panel is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new arbitral panel shall be established in accordance with this Article. The same timeframe which would have applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panel.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an An arbitral panel shall consist of comprise three (3) memberspanelists. 2. Each party to Unless the dispute Parties agree otherwise, the following procedures in selecting panelists shall appoint one member of the arbitral panel within thirty apply: (30a) Within 30 days after the date of receipt of the request under Article 5. If any party for the establishment of an Arbitral Panel, each Party shall appoint one panelist and nominate up to the dispute fails three candidates to appoint a member of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act as the sole member of the arbitral panel, notwithstanding paragraph 1. 3. The parties to the dispute shall endeavour to agree on the third member who shall serve as the chair of the arbitral panel within thirty Arbitral Panel. The Parties shall notify each other of their appointments and the lists of nominations. (30b) days of the appointment of the second member. If the parties complaining Party fails to appoint a panelist within the time frame specified in subparagraph (a), the dispute are unable settlement proceedings shall lapse at the end of that period. (c) If the responding Party fails to agree on appoint a panelist within the chair within this periodtime frame specified in subparagraph (a), the chair shall be jointly appointed, by the members of the arbitral panel who have been panelist not yet appointed under paragraph 2, within a further period of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at in accordance with the request of the members of the arbitral panel by the Director-General of the WTO within thirty procedure set out in subparagraph (30e). (d) Within 60 days after the date of receipt of the request for the establishment of an Arbitral Panel, the Parties shall endeavor to agree on the appointment of the chair of the Arbitral Panel, taking into account the candidates nominated pursuant to subparagraph (a). (e) If the responding Party fails to nominate the panelist as provided in subparagraph (c) or the Parties fail to agree on and appoint the chair of the Arbitral Panel within the time frame specified in subparagraph (d), any Party to the dispute may request the Director-General of the WTO to appoint the remaining panelists within 30 days after the date of such request. In the event that the Director-General is a national of one of the parties to the disputeParties, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute either Party shall be requested to make the necessary appointments. (f) If the Director-General of the WTO or the person who has been requested to make the necessary appointments notifies the Parties that he or she is unavailable, or does not appoint the chair. 4. The date of establishment of the arbitral panel shall be the date on which the chair is appointed under paragraph 3 or, the 30th day remaining panelists within 30 days after the date of receipt the request made pursuant to subparagraph (e), any Party may request the Secretary-General of the request under Article 5 where only a sole member Permanent Court of Arbitration to appoint the arbitral panel is availableremaining panelists promptly. 53. If a member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the original member and the successor member shall have all the powers and duties of the original member. The work of the arbitral panel shall be suspended until the successor member is appointed.All panelists shall: 6. Any person appointed as a member of an arbitral panel shall (a) have expertise or experience in law, international trade, trade or other matters covered by the covered agreements this Agreement, or the resolution of disputes arising under international trade agreements. A member shall ; (b) be chosen strictly on the basis of objectivity, reliability, and sound judgment judgment; (c) be independent of, and independence not be affiliated with or take instructions from, any Party; (d) comply with the Rules of Conduct for the Understanding on Rules and shall conduct himself or herself Procedures Governing the Settlement of Dispute in Annex II to the WTO's Understanding on Rules and Procedures Governing the same basis throughout the course Settlement of Disputes, which is incorporated into and made part of this Agreement, mutatis mutandis. 4. The chair of the arbitral panel proceedings. If a party to the dispute believes that a member is in violation of the basis stated above, the parties to the dispute shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall Arbitral Panel shall: (a) not be a national of any party to the dispute and shall either Party; (b) not have his or her usual place of residence in the territory of, nor be employed by, any party to the dispute nor of either Party; (c) not have dealt with the referred matter in any capacity. 75. Where the original arbitral panel is required for If a matter as provided in panelist appointed under this Agreement but cannot hear the matter for any reasonArticle dies, becomes unable to act or resigns, a new arbitral panel successor shall be established appointed within 20 days in accordance with this Articlethe appointment procedure provided for in paragraph 2 which shall be applied respectively, mutatis mutandis. 6. The same timeframe work of the Arbitral Panel shall be suspended for a period beginning on the date the original panelist dies, becomes unable to act or resigns. The work of the Arbitral Panel shall resume on the date the successor is appointed. 7. An Arbitral Panel that is reconvened for the purposes of Article 13.14 (Non-Implementation â Compensation and Suspension of Concessions or other Obligations) or Article 13.15 (Compliance Review) shall have, wherever possible, the panelists of the original Arbitral Panel. If this is not possible, then the panelists shall be appointed in accordance with the appointment procedure provided for in paragraph 2 which would have shall be applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panelmutatis mutandis.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an An arbitral panel shall consist of three (3) memberscomprise 3 panelists. 2. Each party to the dispute shall appoint one member of the arbitral panel Party shall, within thirty (30) 30 days after the date of receipt of the request under Article 5. If any party to for the dispute fails to appoint a member establishment of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act as the sole member of the an arbitral panel, notwithstanding paragraph 1. 3. The parties appoint 1 panelist who may be a natural person of such Party and propose up to the dispute shall endeavour 3 candidates to agree on serve as the third member panelist who shall serve as be the chair of the arbitral panel within thirty (30) days of the appointment of the second member. If the parties to the dispute are unable to agree on the chair within this period, the chair shall be jointly appointed, by the members of the arbitral panel who have been appointed under paragraph 2, within a further period of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at the request of the members of the arbitral panel by the Director-General of the WTO within thirty (30) days after the date of receipt of the request. In the event that the Director-General is a national of one of the parties to the dispute, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute shall be requested to appoint the chair. 4panel. The date of establishment of the arbitral panel third panelist shall be the date on which the chair is appointed under paragraph 3 or, the 30th day after the date of receipt of the request under Article 5 where only a sole member of the arbitral panel is available. 5. If a member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the original member and the successor member shall have all the powers and duties of the original member. The work of the arbitral panel shall be suspended until the successor member is appointed. 6. Any person appointed as a member of an arbitral panel shall have expertise or experience in law, international trade, other matters covered by the covered agreements or the resolution of disputes arising under international trade agreements. A member shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral panel proceedings. If a party to the dispute believes that a member is in violation of the basis stated above, the parties to the dispute shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall not be a national of any party to the dispute a non-Party and shall not have his or her usual place of residence in the territory ofeither Party, nor be employed byby either Party, any party to the dispute nor have dealt with the referred matter dispute in any capacity. 73. Where The Parties shall agree on and appoint the third panelist within 45 days after the date of receipt of the request for the establishment of an arbitral panel, taking into account the candidates proposed pursuant to paragraph 2. 4. If a Party has not appointed a panelist pursuant to paragraph 2 or if the Parties fail to agree on and appoint the third panelist pursuant to paragraph 3, the panelist or panelists not yet appointed shall be chosen within 7 days by lot from the candidates proposed pursuant to paragraph 2 and be appointed accordingly. 5. All panelists shall: (a) have expertise or experience in law, international trade or other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements; (b) be chosen strictly on the basis of objectivity, reliability and sound judgment; (c) be independent of, and not be affiliated with or receive instructions from, the government of either Party; and (d) comply with a code of conduct, to be provided in the Rules of Procedure referred to in Article 17.13. 6. If a panelist appointed under this Article dies, becomes unable to act or resigns, a successor shall be appointed within 21 days from the date both Parties have received written notice of the vacancy or from the date both Parties become aware of the vacancy, whichever is the earlier, in accordance with the appointment procedure provided for in paragraphs 2, 3 and 4, which shall be applied, respectively, mutatis mutandis. The successor shall have all the powers and duties of the original arbitral panel is required for a matter as provided in this Agreement but cannot hear panelist. The work of the matter for any reason, a new arbitral panel shall be established in accordance with this Articlesuspended for a period beginning on the date the original panelist dies, becomes unable to act or resigns. The same timeframe which would have applied, had work of the original arbitral panel heard shall resume on the matter, shall apply for date the newly established arbitral panelsuccessor is appointed.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an arbitral panel An Arbitral Panel shall consist of comprise three (3) memberspanelists. 2. Each party to Unless the dispute Parties agree otherwise, the following procedures in selecting panelists shall appoint one member of the arbitral panel within thirty apply: (30a) Within 30 days after the date of receipt of the request under Article 5. If any party for the establishment of an Arbitral Panel, each Party shall appoint one panelist and nominate up to the dispute fails three candidates to appoint a member of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act as the sole member of the arbitral panel, notwithstanding paragraph 1. 3. The parties to the dispute shall endeavour to agree on the third member who shall serve as the chair of the arbitral panel within thirty Arbitral Panel. The Parties shall notify each other of their appointments and the lists of nominations. (30b) days of the appointment of the second member. If the parties complaining Party fails to appoint a panelist within the time frame specified in subparagraph (a), the dispute are unable settlement proceedings shall lapse at the end of that period. (c) If the responding Party fails to agree on appoint a panelist within the chair within this periodtime frame specified in subparagraph (a), the chair shall be jointly appointed, by the members of the arbitral panel who have been panelist not yet appointed under paragraph 2, within a further period of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at in accordance with the request of the members of the arbitral panel by the Director-General of the WTO within thirty procedure set out in subparagraph (30e). (d) Within 60 days after the date of receipt of the request for the establishment of an Arbitral Panel, the Parties shall endeavor to agree on the appointment of the chair of the Arbitral Panel, taking into account the candidates nominated pursuant to subparagraph (a). (e) If the responding Party fails to nominate the panelist as provided in subparagraph (c) or the Parties fail to agree on and appoint the chair of the Arbitral Panel within the time frame specified in subparagraph (d), any Party to the dispute may request the Director-General of the WTO to appoint the remaining panelists within 30 days after the date of such request. In the event that the Director-General is a national of one of the parties to the disputeParties, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute either Party shall be requested to make the necessary appointments. (f) If the Director-General of the WTO or the person who has been requested to make the necessary appointments notifies the Parties that he or she is unavailable, or does not appoint the chair. 4. The date of establishment of the arbitral panel shall be the date on which the chair is appointed under paragraph 3 or, the 30th day remaining panelists within 30 days after the date of receipt the request made pursuant to subparagraph (e), any Party may request the Secretary-General of the request under Article 5 where only a sole member Permanent Court of Arbitration to appoint the arbitral panel is availableremaining panelists promptly. 53. If a member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the original member and the successor member shall have all the powers and duties of the original member. The work of the arbitral panel shall be suspended until the successor member is appointed.All panelists shall: 6. Any person appointed as a member of an arbitral panel shall (a) have expertise or experience in law, international trade, trade or other matters covered by the covered agreements this Agreement, or the resolution of disputes arising under international trade agreements. A member shall ; (b) be chosen strictly on the basis of objectivity, reliability, and sound judgment judgment; (c) be independent of, and independence not be affiliated with or take instructions from, any Party; (d) comply with the Rules of Conduct for the Understanding on Rules and shall conduct himself or herself Procedures Governing the Settlement of Dispute in Annex II to the WTO's Understanding on Rules and Procedures Governing the same basis throughout the course Settlement of Disputes, which is incorporated into and made part of this Agreement, mutatis mutandis. 4. The chair of the arbitral panel proceedings. If a party to the dispute believes that a member is in violation of the basis stated above, the parties to the dispute shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall Arbitral Panel shall: (a) not be a national of any party to the dispute and shall either Party; (b) not have his or her usual place of residence in the territory of, nor be employed by, any party to the dispute nor of either Party; (c) not have dealt with the referred matter in any capacity. 75. Where the original arbitral panel is required for If a matter as provided in panelist appointed under this Agreement but cannot hear the matter for any reasonArticle dies, becomes unable to act or resigns, a new arbitral panel successor shall be established appointed within 20 days in accordance with this Articlethe appointment procedure provided for in paragraph 2 which shall be applied respectively, mutatis mutandis. 6. The same timeframe work of the Arbitral Panel shall be suspended for a period beginning on the date the original panelist dies, becomes unable to act or resigns. The work of the Arbitral Panel shall resume on the date the successor is appointed. 7. An Arbitral Panel that is reconvened for the purposes of Article 13.14 (Non-Implementation – Compensation and Suspension of Concessions or other Obligations) or Article 13.15 (Compliance Review) shall have, wherever possible, the panelists of the original Arbitral Panel. If this is not possible, then the panelists shall be appointed in accordance with the appointment procedure provided for in paragraph 2 which would have shall be applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panelmutatis mutandis.

Composition of Arbitral Panels. 1. Unless otherwise provided in this Agreement or agreed by the parties to the dispute, an arbitral panel shall consist of three (3) members. 2. Each party to the dispute shall appoint one member of the arbitral panel within thirty (30) days after the date of receipt of the request under Article 5. If any party to the dispute fails to appoint a member of the arbitral panel within such period, then the member of the arbitral panel appointed by the other party to the dispute shall act as the sole member of the arbitral panel, notwithstanding paragraph 1. 3. The parties to the dispute shall endeavour to agree on the third member who shall serve as the chair of the arbitral panel within thirty (30) days of the appointment of the second member. If the parties to the dispute are unable to agree on the chair within this period, the chair shall be jointly appointed, by the members of the arbitral panel who have been appointed under paragraph 2, within a further period of thirty (30) days. If the members of the arbitral panel fail to appoint the chair within the aforesaid period, the chair shall be appointed at the request of the members of the arbitral panel by the Director-General of the WTO within thirty (30) days after the date of receipt of the request. In the event that the Director-General is a national of one of the parties to the dispute, the Deputy Director-General or the officer next in seniority who is not a national of any party to the dispute shall be requested to appoint the chair.chair.2) 4. The date of establishment of the arbitral panel shall be the date on which the chair is appointed under paragraph 3 or, the 30th day after the date of receipt of the request under Article 5 where only a sole member of the arbitral panel is available. 5. If a member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the original member and the successor member shall have all the powers and duties of the original member. The work of the arbitral panel shall be suspended until the successor member is appointed. 6. Any person appointed as a member of an arbitral panel shall have expertise or experience in law, international trade, other matters covered by the covered agreements or the resolution of disputes arising under international trade agreements. A member shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on the same basis throughout the course of the arbitral panel proceedings. If a party to the dispute believes that a member is in violation of the basis stated above, the parties to the dispute shall consult and if they agree, the member shall be removed and a new member shall be appointed in accordance with this Article. Additionally, the chair shall not be a national of any party to the dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party to the dispute nor have dealt with the referred matter in any capacity. 7. Where the original arbitral panel is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new arbitral panel shall be established in accordance with this Article. The same timeframe which would have applied, had the original arbitral panel heard the matter, shall apply for the newly established arbitral panel.be