Common use of Composition of Arbitral Tribunals Clause in Contracts

Composition of Arbitral Tribunals. 1. The arbitral tribunal referred to in Article 15.5 shall consist of three members. Each Party shall appoint an arbitrator within 30 days of the receipt of the request under Article 15.5. If a Party fails to appoint an arbitrator within such period, then the Arbitrator appointed by the other Party shall act as the sole arbitrator of the Tribunal. 2. Once the Parties have appointed their respective arbitrators, the Parties shall endeavour to agree on a third arbitrator who shall serve as chair. If the Parties are unable to agree on the chair of the arbitral tribunal within 30 days after the date on which the second arbitrator has been appointed, the chair shall be appointed in the presence of both Parties by a draw of lot from a list comprising four nominees of each Party. If a Party fails to submit its list of four nominees within 10 days of the other Party submitting its list, the chair shall be appointed by a draw of lot from the list already submitted by the other Party. 3. Any person appointed as a member or chair of the arbitral tribunal shall have expertise or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence. Except in the case of a sole arbitrator appointed in accordance with paragraph 1, the chair shall not be a national of either Party and shall not have his or her usual place of residence in the territory of, nor be employed by, either Party, nor have dealt with the case in any capacity. 4. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.

Composition of Arbitral Tribunals. 1. The An arbitral tribunal referred to in Article 15.5 shall consist of three members(3) arbitrators. 2. Each Party shall appoint an arbitrator The complaining party and the party complained against shall, within 30 thirty (30) days after the date of the receipt of the request under Article 15.5. If for the establishment of an arbitral tribunal, each appoint one (1) arbitrator who may be a Party fails national of any party to appoint an arbitrator within such period, then the Arbitrator appointed by the other Party shall act dispute and propose up to three (3) candidates to serve as the sole arbitrator of the Tribunal. 2. Once the Parties have appointed their respective arbitrators, the Parties shall endeavour to agree on a third arbitrator who shall serve as chair. If the Parties are unable to agree on be the chair of the arbitral tribunal tribunal. The third arbitrator shall not be a national of any party to the dispute, nor have his or her usual place of residence in any party to the dispute, nor be employed by any party to the dispute, nor have dealt with the dispute in any capacity. 3. The complaining party and the party complained against shall agree on and appoint the third arbitrator within 30 forty-five (45) days after the date of receipt of the request for the establishment of an arbitral tribunal, taking into account the candidates proposed pursuant to paragraph 2. If either the complaining party or the party complained against has not appointed an arbitrator pursuant to paragraph 2, or if the parties to the dispute fail to agree on and appoint the third arbitrator pursuant to this paragraph, the Director-General of the World Trade Organization shall immediately be requested to make the necessary appointments. In the event that the Director- General is a national of any party 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 make the necessary appointments. Appointments made pursuant to this paragraph other than that of the third arbitrator shall be deemed to have been made by the complaining party or the party complained against which has failed to make such an appointment. 4. The date of establishment of an arbitral tribunal shall be the date on which the second third arbitrator has been appointedis appointed pursuant to paragraph 3. 5. If an arbitrator appointed under this Article resigns or becomes unable to act, the chair a succeeding arbitrator shall be appointed in the presence of both Parties by a draw of lot from a list comprising four nominees of each Party. If a Party fails to submit its list of four nominees within 10 days same manner as prescribed for the appointment of the other Party submitting its list, original arbitrator and the chair succeeding arbitrator shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be appointed by a draw of lot from suspended until the list already submitted by the other Partysucceeding arbitrator is appointed. 36. Any person appointed as a member or chair of the arbitral tribunal an arbitrator shall have expertise or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements, and . An arbitrator shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independenceindependence and shall conduct himself or herself on the same basis throughout the course of the arbitral tribunal proceedings. Except in If a party to the case of dispute believes that an arbitrator is not adhering to the basis stated above, the parties to the dispute shall consult and if they agree, the arbitrator shall be removed and a sole new arbitrator shall be appointed in accordance with paragraph 1, the chair shall not be a national of either Party and shall not have his or her usual place of residence in the territory of, nor be employed by, either Party, nor have dealt with the case in any capacitythis Article. 4. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.

Composition of Arbitral Tribunals. 1. The An arbitral tribunal referred to in Article 15.5 shall consist be composed of three members. 2. Each Unless the disputing Parties agree otherwise, they shall apply the following procedures to compose an arbitral tribunal: (a) Within a period of 20 days after the date of delivery of the request for the establishment of an arbitral tribunal under Article 14C.2, the complaining Party or Parties, on the one hand, and the responding Party, on the other, shall each appoint an arbitrator and notify each other of those appointments. (b) If the complaining Party or Parties fail to appoint an arbitrator within 30 days the period specified in subparagraph (a), the dispute settlement proceedings shall lapse at the end of that period. (c) For appointment of the receipt third arbitrator, who shall serve as chair, the disputing Parties shall endeavour to agree on the appointment of a chair. (d) If the request under Article 15.5. If a responding Party fails to appoint an arbitrator within such period, then the Arbitrator appointed by the other Party shall act as the sole arbitrator of the Tribunal. 2. Once the Parties have appointed their respective arbitrators, the Parties shall endeavour to agree on a third arbitrator who shall serve as chair. If the Parties are unable to agree on or if the chair of the arbitral tribunal has not been appointed within 30 days of the date of delivery of the request referred to in subparagraph (a), at the request of any Party to the dispute the necessary designations shall be made by the Director-General of the WTO within 30 days of the request being made to the Director-General. (e) If the Director-General of the WTO notifies the disputing Parties that he or she is unavailable, or does not appoint the remaining arbitrators within 30 days after the date on which the second arbitrator has been appointed, the chair shall be appointed in the presence of both Parties by a draw of lot from a list comprising four nominees of each Party. If a Party fails to submit its list of four nominees within 10 days of the other request referred to in subparagraph (d), either Party submitting its list, may request the chair shall be appointed by a draw Secretary-General of lot from the list already submitted by Permanent Court of Arbitration to make the other Partyremaining appointment promptly. 3. Any person appointed as a member or chair of Unless the arbitral tribunal shall have expertise or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence. Except in the case of a sole arbitrator appointed in accordance with paragraph 1disputing Parties agree otherwise, the chair shall not be a national of either Party and shall not have his or her usual place of residence in the territory of, nor or be employed by, either any of the disputing Parties or a third Party, nor have dealt with the case in any capacity. 4. Each disputing Party shall endeavour to select arbitrators who have expertise or experience relevant to the subject matter of the dispute. 5. If an arbitrator appointed selected under this Article resigns paragraph 2 is unavailable, the complaining Party, the responding Party, or becomes unable to actthe disputing Parties, a successor shall be appointed as the case may be, shall, no later than 20 days after learning that the arbitrator is unavailable, select another arbitrator in accordance with the same manner as prescribed for method of selection that was used to select the appointment of arbitrator who is unavailable, unless the original disputing Parties agree otherwise. The replacement arbitrator and the successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended pending the appointment of the replacement arbitrator, and all time frames set out in this Annex and in the Rules of Procedure shall be extended by the amount of time that the work was suspended. 6. If a disputing Party considers that an arbitrator is in violation of the Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to in Article 14C.5.1(d), the disputing Parties shall consult and, if they agree, the arbitrator shall be removed and a new arbitrator shall be selected in accordance with this Article.

Composition of Arbitral Tribunals. 1. The arbitral tribunal referred to in Article 15.5 shall consist of three members. 2. Each Party In the written request pursuant to article 13.6.2 (d), the complaining party shall appoint an arbitrator within 30 designate one member of that arbitral tribunal. 3. Within 15 days of from the receipt of the request under Article 15.5for the establishment of an arbitral tribunal, the respondent shall appoint the second member of the arbitral tribunal. 4. If a Party fails to appoint an The Parties shall agree on the appointment of the third arbitrator within such period, then 15 days of the Arbitrator appointment of the second arbitrator. the member thus appointed by the other Party shall act as the sole arbitrator Chairman of the Tribunalarbitral tribunal. 2. Once the Parties have appointed their respective arbitrators, the Parties shall endeavour to agree on a third arbitrator who shall serve as chair5. If the Parties are unable it has not been possible to agree on the chair of compose the arbitral tribunal within 30 days after the date on which of receipt of the second arbitrator has been appointedrequest for the establishment of the arbitral tribunal, the chair necessary appointments shall be appointed in made at the presence request of both Parties either party by a draw of lot from a list comprising four nominees of each Party. If a Party fails to submit its list of four nominees within 10 days the Director-General of the other Party submitting its list, the chair shall be appointed by a draw of lot from the list already submitted by the other PartyWTO within 30 days. 36. Any person appointed as a member or chair The Chairman of the arbitral tribunal shall not be a national of any of the Parties or permanent residence in the territory of any of them, nor be employed by any of the parties or have had any involvement in the case in any capacity. 7. All arbitrators shall: (a) Have expertise or experience in law, law and international trade, trade or other matters covered by this Agreement Treaty or in the resolution settlement of disputes arising under international trade agreements, and shall ; (b) Strictly be chosen strictly on the basis of its reliability and objectivity, reliabilitysound judgment; (c) Be independent, sound judgment not be linked with one of the Parties and independence. Except not receive instructions from the same; and (d) Comply with the Code of Conduct for arbitrators "established in the case Understanding on Rules and Procedures Governing the Settlement of Disputes of the WTO Agreement (the DSB document WT / RC / 1 / 3). 8. No arbitrator may be in a sole arbitrator dispute individuals who have participated in the procedures described in article 13.5. 9. If any of the arbitrators appointed in accordance with paragraph 1, the chair shall not be a national of either Party and shall not have his this article abandoned or her usual place of residence in the territory of, nor be employed by, either Party, nor have dealt with the case in any capacity. 4. If an arbitrator appointed under this Article resigns or becomes is unable to act, serve as a successor replacement arbitrator shall be appointed in within 15 days of the same manner as prescribed event, according to the procedure for the appointment of election used to select the original arbitrator and the successor replacement shall have all the powers and duties of the original arbitrator. if it has not been possible within that period of 15 days, the appointment shall be made at the request of either party by the Director-General of the WTO within 30 days. 10. The date of establishment of the arbitral tribunal shall be the date on which the Chair is appointed.

Composition of Arbitral Tribunals. 1. The Unless otherwise provided in this Agreement or the parties to the dispute agree, the arbitral tribunal referred to in Article 15.5 shall consist of have three members. 2. Each Party The complaining party shall appoint an arbitrator to the arbitral tribunal pursuant to Article 6 within 30 20 days of the receipt of the request for appointment of the arbitral tribunal under Article 15.56. The party complained against shall appoint an arbitrator to the arbitral tribunal pursuant to Article 6 within 30 days of its receipt of the request for appointment of the arbitral tribunal under Article 6. If a Party any party to the dispute fails to appoint an arbitrator within such period, then the Arbitrator arbitrator appointed by the other Party party to the dispute shall act as the sole arbitrator of the Tribunaltribunal. 23. Once the Parties complaining party and the party complained against have appointed their respective arbitratorsarbitrators subject to paragraph 2, the Parties parties concerned shall endeavour to agree on a third an additional arbitrator who shall serve as chair. If the Parties parties concerned are unable to agree on the chair of the arbitral tribunal within 30 days after the date on which the second last arbitrator has been appointedappointed under paragraph 2, they shall request the Director-General of the World Trade Organization (WTO) to appoint the chair and such appointment shall be accepted by them. In the event that the Director-General is a national of one of the parties to the dispute, the chair Deputy Director-General or the officer next in seniority who is not a national of either party to the dispute shall be appointed in requested to appoint the presence of both Parties by a draw of lot from a list comprising four nominees of each Partychair. If a Party fails to submit its list of four nominees within 10 days one of the other Party submitting its listparties to the dispute is a non-WTO member, the parties to the dispute shall request the President of the International Court of Justice to appoint the chair and such appointment shall be appointed accepted by them. In the event that the President is a draw national of lot from one of the list already submitted by parties to the other Partydispute, the Vice President or the officer next in seniority who is not a national of either party to the dispute shall be requested to appoint the chair. 34. Any person appointed as a member or chair The date of composition of the arbitral tribunal shall have expertise or experience in lawbe the date on which the chair is appointed under paragraph 3, international trade, other matters covered by this Agreement or the resolution 30th day after the receipt of disputes arising the request under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence. Except in the case of Article 6 where only a sole arbitrator appointed in accordance with paragraph 1, of the chair shall not be a national of either Party and shall not have his or her usual place of residence in the territory of, nor be employed by, either Party, nor have dealt with the case in any capacitytribunal is available. 45. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended during the appointment of the successor arbitrator. 6. Any person appointed as a member or chair of the arbitral tribunal shall have expertise or experience in law, international trade, other matters covered by the Framework Agreement or the resolution of disputes arising under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability, sound judgement and independence. Additionally, the chair shall not be a national of any party to a dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party to a dispute. 7. Where the original arbitral tribunal is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new tribunal shall be appointed under this Article.

Composition of Arbitral Tribunals. 1. The An arbitral tribunal referred to in Article 15.5 shall consist of comprise three members(3) arbitrators. 2. Each Party shall appoint an arbitrator shall, within 30 thirty (30) days after the date of the receipt of the request under Article 15.5. If a Party fails for the establishment of an arbitral tribunal, appoint one arbitrator, who may be its national and propose up to appoint an arbitrator within such period, then the Arbitrator appointed by the other Party shall act three (3) candidates to serve as the sole arbitrator of the Tribunal. 2. Once the Parties have appointed their respective arbitratorsthird arbitrator, the Parties shall endeavour to agree on a third arbitrator who shall serve as chair. If the Parties are unable to agree on be the chair of the arbitral tribunal tribunal. The third arbitrator shall not be a national of either Party, nor 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 shall agree on and appoint the third arbitrator within 30 forty five (45) days after the date on which of receipt of the second request for the establishment of an arbitral tribunal, taking into account the candidates proposed pursuant to paragraph 2. 4. If any arbitrator has not been appointeddesignated or appointed within forty five (45) days after the date of receipt of the request for establishment of an arbitral tribunal, upon the request of any Party, the chair necessary designations shall be appointed in made by the presence Director General of both Parties by the WTO within a draw of lot from a list comprising four nominees of each Partyfurther fifteen (15) days. 5. If a Party fails to submit its list of four nominees within 10 days the Director General of the other Party submitting its listWTO has not made the necessary designations pursuant to paragraph 4, the chair arbitrator or arbitrators not yet appointed shall be appointed chosen within seven (7) days by a draw of lot from the list already submitted by the other Partycandidates proposed pursuant to paragraph 2. 36. Any person appointed as a member or chair of the arbitral tribunal shall All arbitrators shall: (a) have expertise or experience in law, international trade, trade or other matters covered by this Agreement or the resolution of disputes arising under international trade agreements, and shall Agreement; (b) be chosen strictly on the basis of objectivity, reliabilityreliability and sound judgment; (c) be independent of, sound judgment and independence. Except 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 case Rules of a sole arbitrator appointed Procedure referred to in accordance with paragraph 1, the chair shall not be a national of either Party and shall not have his or her usual place of residence in the territory of, nor be employed by, either Party, nor have dealt with the case in any capacityArticle 12.14. 47. If an arbitrator appointed under this Article resigns or dies, becomes unable to actact or resigns, a successor shall be appointed within fifteen (15) days in the same manner as prescribed for accordance with the appointment of the original arbitrator procedure provided for in paragraphs 2, 3 and the 4, which shall be applied, respectively, mutatis mutandis. The successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended for a period beginning on the date the original arbitrator dies, becomes unable to act or resigns. The work of the arbitral tribunal shall resume on the date the successor is appointed.

Composition of Arbitral Tribunals. 1. The arbitral tribunal referred to in Article 15.5 shall consist of three members. 2. Each Party shall appoint an arbitrator within 21 days of the receipt of the request to establish an arbitral tribunal. 3. The Parties shall appoint by common agreement the third arbitrator within 30 days of the receipt of the request under Article 15.5to establish an arbitral tribunal. The arbitrator thus appointed shall chair the arbitral tribunal. 4. The chair shall be a national of a non-Party who shall not have his or her usual place of residence in the Area of either of the Parties. 5. If a Party fails to appoint an arbitrator within such period, then the Arbitrator appointed by the other Party shall act as the sole arbitrator of the Tribunal. 2. Once the Parties have appointed their respective arbitrators, the Parties shall endeavour to agree on a third arbitrator who shall serve as chair. If the Parties are unable to agree on the chair all three members of the arbitral tribunal have not been appointed within 30 days after of receipt of the date on which the second arbitrator has been appointedrequest to establish an arbitral tribunal, the chair shall be appointed in Director-General of the presence WTO shall, at the request of both Parties by a draw of lot from a list comprising four nominees of each either Party. If a Party fails to submit its list of four nominees , make the necessary appointments within 10 30 days of the other Party submitting its list, request to the chair shall be appointed by a draw Director-General of lot from the list already submitted by the other PartyWTO. 36. Any person appointed as a member or chair of the arbitral tribunal shall All arbitrators shall: (a) have expertise or experience in law, international trade, other matters covered by this Agreement Agreement, or the resolution of disputes arising under international trade agreements, and shall ; (b) be chosen strictly on the basis of objectivity, reliability, and sound judgment judgment; (c) be independent of, and independence. Except in the case of a sole arbitrator appointed in accordance with paragraph 1, the chair shall not be a national of either Party and shall not have his affiliated with or her usual place of residence in the territory of, nor be employed bytake instructions from, either Party, nor ; (d) not have dealt with the case matter under dispute in any capacity; and (e) comply with the code of conduct for panellists established under the WTO Dispute Settlement Understanding. 47. The date of establishment of the arbitral tribunal shall be the date on which the last arbitrator is appointed. 8. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed appointed, within 21 days from the date written notice is received by the Parties of the need for a successor, in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended pending the appointment of the successor arbitrator. 9. Where an arbitral tribunal is established under Articles 12, 13 or 15, it shall, where possible, have the same arbitrators as the original arbitral tribunal. Where this is not possible, any replacement arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and shall have all the powers and duties of the original arbitrator. Where special circumstances warrant, the arbitral tribunal may comprise only the chair of the original arbitral tribunal if the Parties so agree.

Composition of Arbitral Tribunals. 1. The Unless otherwise provided in this Agreement or the parties to the dispute agree, the arbitral tribunal referred to in Article 15.5 shall consist of have three members. 2. Each Party The complaining party shall appoint an arbitrator to the arbitral tribunal pursuant to Article 6 within 30 20 days of the receipt of the request for appointment of the arbitral tribunal under Article 15.56. The party complained against shall appoint an arbitrator to the arbitral tribunal pursuant to Article 6 within 30 days of its receipt of the request for appointment of the arbitral tribunal under Article 6. If a Party any party to the dispute fails to appoint an arbitrator within such period, then the Arbitrator arbitrator appointed by the other Party party to the dispute shall act as the sole arbitrator of the Tribunaltribunal. 23. Once the Parties complaining party and the party complained against have appointed their respective arbitratorsarbitrators subject to paragraph 2, the Parties parties concerned shall endeavour to agree on a third an additional arbitrator who shall serve as chair. If the Parties parties concerned are unable to agree on the chair of the arbitral tribunal within 30 days after the date on which the second last arbitrator has been appointedappointed under paragraph 2, they shall request the Director-General of the World Trade Organization (WTO) to appoint the chair and such appointment shall be accepted by them. In the event that the Director-General is a national of one of the parties to the dispute, the chair Deputy Director-General or the officer next in seniority who is not a national of either party to the dispute shall be appointed in requested to appoint the presence of both Parties by a draw of lot from a list comprising four nominees of each Partychair. If a Party fails to submit its list of four nominees within 10 days one of the other Party submitting its listparties to the dispute is a non-WTO member, the parties to the dispute shall request the President of the International Court of Justice to appoint the chair and such appointment shall be appointed accepted by them. In the event that the President is a draw national of lot from one of the list already submitted by parties to the other Partydispute, the Vice President or the officer next in seniority who is not a national of either party to the dispute shall be requested to appoint the chair. 34. Any person appointed as a member or chair The date of composition of the arbitral tribunal shall have expertise or experience in lawbe the date on which the chair is appointed under paragraph 3, international trade, other matters covered by this Agreement or the resolution 30th day after the receipt of disputes arising the request under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence. Except in the case of Article 6 where only a sole arbitrator appointed in accordance with paragraph 1, of the chair shall not be a national of either Party and shall not have his or her usual place of residence in the territory of, nor be employed by, either Party, nor have dealt with the case in any capacitytribunal is available. 45. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator.original

Composition of Arbitral Tribunals. 1. The arbitral tribunal referred to in Article 15.5 shall consist of three members. Each Party shall appoint an arbitrator within 30 days of the receipt of the request under Article 15.5. If a Party fails to appoint an arbitrator within such periodshall, then the Arbitrator appointed by the other Party shall act as the sole arbitrator of the Tribunal. 2. Once the Parties have appointed their respective arbitrators, the Parties shall endeavour to agree on a third arbitrator who shall serve as chair. If the Parties are unable to agree on the chair of the arbitral tribunal within 30 days after the date on which of receipt of the second request for the establishment of an arbitral tribunal, appoint one arbitrator has been appointed, who may be a national of its country and propose up to three candidates to serve as the chair third arbitrator who shall be appointed in the presence of both Parties by a draw of lot from a list comprising four nominees of each Party. If a Party fails to submit its list of four nominees within 10 days of the other Party submitting its list, the chair shall be appointed by a draw of lot from the list already submitted by the other Party. 3. Any person appointed as a member or chair Chair of the arbitral tribunal shall have expertise or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independencetribunal. Except in the case of a sole The third arbitrator appointed in accordance with paragraph 1, the chair shall not be a national of the country of either Party and shall not Party, nor have his or her usual place of residence in the territory ofcountry of either Party, nor be employed by, by either Party, nor have dealt with the case dispute in any capacity. 42. Both Parties shall agree on and appoint the third arbitrator within 45 days after the date of receipt of the request for the establishment of an arbitral tribunal. If the Parties fail to agree on the third arbitrator the parties shall request the two arbitrators appointed pursuant to Paragraph 1 of this Article to appoint the third arbitrator. If the two arbitrators fail to appoint the third arbitrator within 10 days, the parties shall consult each other in order to jointly appoint the third arbitrator within a further period of 30 days. If the two parties do not agree on the appointment of the third arbitrator two names of non-national and non-residents shall be proposed by each sides. The third arbitrator shall be selected by drawing lots from the four proposed names. 3. If an arbitrator or the Chair appointed under this Article resigns or becomes unable to act, a successor arbitrator or Chair shall be appointed in the same manner as prescribed for the appointment of the original arbitrator or Chair, and the successor shall have all the powers and duties of the original arbitrator. 4. The date of establishment of an arbitral tribunal shall be the date on which the third arbitrator is appointed.

Composition of Arbitral Tribunals. 1. The Unless otherwise provided in this Agreement or the parties to the dispute agree, the arbitral tribunal referred to in Article 15.5 shall consist of have three members. 2. Each Party The complaining party shall appoint an arbitrator to the arbitral tribunal pursuant to Article 6 within 30 20 days of the receipt of the request for appointment of the arbitral tribunal under Article 15.56. The party complained against shall appoint an arbitrator to the arbitral tribunal pursuant to Article 6 within 30 days of its receipt of the request for appointment of the arbitral tribunal under Article 6. If a Party any party to the dispute fails to appoint an arbitrator within such period, then the Arbitrator arbitrator appointed by the other Party party to the dispute shall act as the sole arbitrator of the Tribunaltribunal. 23. Once the Parties complaining party and the party complained against have appointed their respective arbitratorsarbitrators subject to paragraph 2, the Parties parties concerned shall endeavour to agree on a third an additional arbitrator who shall serve as chair. If the Parties parties concerned are unable to agree on the chair of the arbitral tribunal within 30 days after the date on which the second last arbitrator has been appointedappointed under paragraph 2, they shall request the Director- General of the World Trade Organization (WTO) to appoint the chair and such appointment shall be accepted by them. In the event that the Director-General is a national of one of the parties to the dispute, the chair Deputy Director-General or the officer next in seniority who is not a national of either party to the dispute shall be appointed in requested to appoint the presence of both Parties by a draw of lot from a list comprising four nominees of each Partychair. If a Party fails to submit its list of four nominees within 10 days one of the other Party submitting its listparties to the dispute is a non-WTO member, the parties to the dispute shall request the President of the International Court of Justice to appoint the chair and such appointment shall be appointed accepted by them. In the event that the President is a draw national of lot from one of the list already submitted by parties to the other Partydispute, the Vice President or the officer next in seniority who is not a national of either party to the dispute shall be requested to appoint the chair. 34. Any person appointed as a member or chair The date of composition of the arbitral tribunal shall have expertise or experience in lawbe the date on which the chair is appointed under paragraph 3, international trade, other matters covered by this Agreement or the resolution 30th day after the receipt of disputes arising the request under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability, sound judgment and independence. Except in the case of Article 6 where only a sole arbitrator appointed in accordance with paragraph 1, of the chair shall not be a national of either Party and shall not have his or her usual place of residence in the territory of, nor be employed by, either Party, nor have dealt with the case in any capacitytribunal is available. 45. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended during the appointment of the successor arbitrator. 6. Any person appointed as a member or chair of the arbitral tribunal shall have expertise or experience in law, international trade, other matters covered by the Framework Agreement or the resolution of disputes arising under international trade agreements, and shall be chosen strictly on the basis of objectivity, reliability, sound judgement and independence. Additionally, the chair shall not be a national of any party to a dispute and shall not have his or her usual place of residence in the territory of, nor be employed by, any party to a dispute. 7. Where the original arbitral tribunal is required for a matter as provided in this Agreement but cannot hear the matter for any reason, a new tribunal shall be appointed under this Article.

Composition of Arbitral Tribunals. 1. The An arbitral tribunal referred to in Article 15.5 shall consist of three membersarbitrators. Each Party shall appoint an one arbitrator who may be its national within 30 days of the receipt of the request under Article 15.5to establish an arbitral tribunal. 2. The Parties shall designate by common agreement the third arbitrator, who shall be the Chair of the arbitral tribunal. If a Party fails to appoint has not appointed an arbitrator within such period, then pursuant to paragraph 1 or if the Arbitrator appointed by the other Party shall act as the sole arbitrator of the Tribunal. 2. Once the Parties have appointed their respective arbitrators, the Parties shall endeavour to agree on a third arbitrator who shall serve as chair. If the Parties are unable to agree on the chair Chair of the arbitral tribunal has not been designated by the Parties within 45 days of the receipt of the request to establish an arbitral tribunal, either Party may request the Director-General of the WTO to appoint the arbitrator or arbitrators not yet appointed. 3. If the Director-General of the WTO has not appointed the arbitrator or arbitrators within 30 days after the date on which of the second arbitrator has been appointedrequest, the chair arbitrator or arbitrators not yet appointed shall be chosen within 15 days by the arbitrator or arbitrators that were appointed in the presence of both Parties by a draw of lot from a list comprising four nominees of each Party. If a Party fails to submit its list of four nominees within 10 days of the other Party submitting its list, the chair shall be appointed by a draw of lot from the list already submitted by the other Partyaccordance with paragraph 1. 34. Any person appointed as a member or chair of the arbitral tribunal shall All arbitrators shall: (a) have expertise or experience in law, international trade, trade or other matters covered by this Agreement or the resolution of disputes arising under international trade agreements, and shall Agreement; (b) be chosen strictly on the basis of objectivity, reliabilityreliability and sound judgment; (c) be independent of, sound judgment and independence. Except not be affiliated with or receive instructions from either Party; and (d) comply with a code of conduct, to be provided in the case Rules of a sole arbitrator appointed Procedure referred to in accordance with paragraph 1, Article 12.15. 5. The Chair of the chair shall Arbitral Tribunal shall: (a) not be a national of either Party and shall a Party; (b) not have his or her usual place of residence in the territory of, nor be employed by, either of a Party, nor ; (c) not have dealt with the case matter in any capacity; and (d) not be employed by either Party. 46. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed within 15 days in the same manner as prescribed for accordance with the appointment of the original arbitrator procedure provided for in paragraphs 1 and the 2, which shall be applied, respectively, mutatis mutandis. The successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended for a period beginning on the date the original arbitrator resigns or becomes unable to act. The work of the arbitral tribunal shall resume on the date the successor is appointed. 7. Each Party shall bear the cost of its appointed arbitrator and its own expenses. The cost of the Chair of an arbitral tribunal and other expenses associated with the conduct of the proceedings shall be borne by the Parties in equal shares.

Composition of Arbitral Tribunals. 1. The arbitral tribunal referred to in Article 15.5 shall consist of comprise three members. 2. Each In the written notification pursuant to Article 15.6, the complaining Party or Parties requesting the establishment of an arbitral tribunal shall appoint an arbitrator within 30 designate one member of that arbitral tribunal. 3. Within 15 days of the receipt of the request under Article 15.5. If a Party fails notification referred to appoint an arbitrator within such period, then the Arbitrator appointed by the other Party shall act as the sole arbitrator of the Tribunal. in Paragraph 2. Once the Parties have appointed their respective arbitrators, the Parties Party to which it was addressed shall endeavour to agree on a third arbitrator who shall serve as chair. If the Parties are unable to agree on the chair designate one member of the arbitral tribunal tribunal. 4. The disputing Parties shall designate by common agreement the appointment of the third arbitrator within 15 days of the appointment of the second arbitrator. The member thus appointed shall chair the arbitral tribunal. 5. If all 3 members have not been designated or appointed within 30 days after from the date on which of receipt of the second arbitrator has been appointednotification referred to in Paragraph 2, at the chair request of any Party to the dispute the necessary designations shall be appointed in made by the presence of both Parties by a draw of lot from a list comprising four nominees of each Party. If a Party fails to submit its list of four nominees within 10 days Director- General of the other Party submitting its list, the chair shall be appointed by WTO within a draw of lot from the list already submitted by the other Partyfurther 30 days. 36. Any person appointed as a member or chair The Chair of the arbitral tribunal 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 by any of the Parties, nor have dealt with the matter in any capacity. 7. All arbitrators shall: (a) have expertise or experience in law, international trade, other matters covered by this Agreement Agreement, or the resolution of disputes arising under international trade agreements, and shall ; (b) be chosen strictly on the basis of objectivity, reliability, and sound judgment judgment; (c) be independent of, and independence. Except in the case of a sole arbitrator appointed in accordance with paragraph 1, the chair shall not be a national of either Party and shall not have his affiliated with or her usual place of residence in the territory oftake instructions from, nor be employed by, either any Party, nor have dealt ; and (d) comply with the case in any capacitycode of conduct for panelists established under the Understanding on Rules and Procedures Governing the Settlement of Disputes, which is part of the WTO Agreement. 48. Individuals may not serve as arbitrators for a dispute in which they have participated pursuant to Article 15.5. 9. 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 same manner selection procedure as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator. 10. The date of establishment of the arbitral tribunal shall be the date on which the Chair is appointed.