Common use of Composition of Arbitral Tribunals Clause in Contracts

Composition of Arbitral Tribunals. An arbitral tribunal shall consist of three (3) arbitrators. The complaining party and the party complained against shall, within thirty (30) days after the date of receipt of the request for the establishment of an arbitral tribunal, each appoint one (1) arbitrator who may be a national of any party to the dispute and propose up to three (3) candidates to serve as the third arbitrator who shall be the chair of the arbitral 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. The complaining party and the party complained against shall agree on and appoint the third arbitrator within 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. The date of establishment of an arbitral tribunal shall be the date on which the third arbitrator is appointed pursuant to paragraph 3. If an arbitrator appointed under this Article resigns or becomes unable to act, a succeeding arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the succeeding arbitrator shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended until the succeeding arbitrator is appointed. Any person appointed as 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. An arbitrator 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 tribunal proceedings. If a party to the 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 new arbitrator shall be appointed in accordance with this Article.

Composition of Arbitral Tribunals. 1. An arbitral tribunal shall consist be composed of three members. 2. Unless the disputing Parties agree otherwise, they shall apply the following procedures to compose an arbitral tribunal: (3a) arbitrators. The complaining party and the party complained against shall, within thirty (30) Within a period of 20 days after the date of receipt delivery of the request for the establishment of an arbitral tribunaltribunal under Article 14C.2, the complaining Party or Parties, on the one hand, and the responding Party, on the other, shall each appoint one an arbitrator and notify each other of those appointments. (1b) If the complaining Party or Parties fail to appoint an arbitrator who may be a national of any party to within the period specified in subparagraph (a), the dispute and propose up to three settlement proceedings shall lapse at the end of that period. (3c) candidates to For appointment of the third arbitrator, who shall serve as chair, the third disputing Parties shall endeavour to agree on the appointment of a chair. (d) If the responding Party fails to appoint an arbitrator who shall be or if the chair of the arbitral tribunal. The third arbitrator shall tribunal has not be a national been appointed within 30 days 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. The complaining party and the party complained against shall agree on and appoint the third arbitrator within forty-five (45) days after the date of receipt delivery of the request for referred to in subparagraph (a), at the establishment request 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 any Party to the dispute fail to agree on and appoint the third arbitrator pursuant to this paragraph, necessary designations shall be made by the Director-General of the World Trade Organization shall immediately be requested WTO within 30 days of the request being made to make the necessary appointments. In the event that Director-General. (e) If the Director-General of the WTO notifies the disputing Parties that he or she is a national unavailable, or does not appoint the remaining arbitrators within 30 days after the date of any party the request referred to in subparagraph (d), either Party may request the dispute, the Deputy DirectorSecretary-General or of the officer next in seniority who is not a national Permanent Court of any party to the dispute shall be requested Arbitration to make the necessary appointmentsremaining appointment promptly. 3. Appointments made pursuant to this paragraph other than that Unless the disputing Parties agree otherwise, the chair shall not be a national of, or be employed by, any of the disputing Parties or a third arbitrator Party. 4. Each disputing Party shall be deemed endeavour to select arbitrators who have been made by expertise or experience relevant to the complaining party or subject matter of the party complained against which has failed to make such an appointment. The date of establishment of an arbitral tribunal shall be the date on which the third arbitrator is appointed pursuant to paragraph 3dispute. 5. If an arbitrator appointed selected under this Article resigns paragraph 2 is unavailable, the complaining Party, the responding Party, or becomes unable the disputing Parties, as the case may be, shall, no later than 20 days after learning that the arbitrator is unavailable, select another arbitrator in accordance with thesame method of selection that was used to actselect the arbitrator who is unavailable, a succeeding arbitrator shall be appointed in unless the same manner as prescribed for the appointment of the original arbitrator and the succeeding disputing Parties agree otherwise. The replacement arbitrator shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended until pending the succeeding arbitrator is appointed. Any person appointed as an arbitrator shall have expertise or experience appointment of the replacement arbitrator, and all time frames set out in law, international trade, other matters covered by this Agreement or the resolution Annex and inthe Rules of disputes arising under international trade agreements. An arbitrator Procedure shall be chosen strictly on extended by the basis amount of objectivity, reliability, sound judgment and independence and shall conduct himself or herself on time that the same basis throughout the course of the arbitral tribunal proceedingswork was suspended. 6. If a party to the dispute believes disputing Party considers that an arbitrator is not adhering in violation of the Rules of Conduct for the Understanding on Rules and Procedures Governing the Settlement of Disputes referred to the basis stated abovein Article 14C.5.1(d), the parties to the dispute disputing Parties shall consult and and, if they agree, the arbitrator shall be removed and a new arbitrator shall be appointed selected in accordance with this Article.

Composition of Arbitral Tribunals. 1. An arbitral tribunal shall consist of three (3) arbitrators. 2. The complaining party and the party complained against shall, within thirty (30) days after the date of receipt of the request for the establishment of an arbitral tribunal, each appoint one (1) arbitrator who may be a national of any party to the dispute and propose up to three (3) candidates to serve as the third arbitrator who shall be the chair of the arbitral 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 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 third arbitrator is appointed pursuant to paragraph 3. 5. If an arbitrator appointed under this Article resigns or becomes unable to act, a succeeding arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the succeeding arbitrator shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended until the succeeding arbitrator is appointed. 6. Any person appointed as 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. An arbitrator 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 tribunal proceedings. If a party to the 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 new arbitrator shall be appointed in accordance with this Article.

Composition of Arbitral Tribunals. An Unless otherwise provided in this Agreement or the parties to the dispute agree, the arbitral tribunal shall consist of have three (3) arbitratorsmembers. The complaining party shall appoint an arbitrator to the arbitral tribunal pursuant to Article 6 within 20 days of the receipt of the request for appointment of the arbitral tribunal under Article 6. 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 any party to the dispute fails to appoint an arbitrator within such period, then the arbitrator appointed by the other party to the dispute shall act as the sole arbitrator of the tribunal. Once the complaining party and the party complained against shallhave appointed their respective arbitrators subject to paragraph 2, within thirty (30) days after the date of receipt of the request for the establishment of parties concerned shall endeavour to agree on an arbitral tribunal, each appoint one (1) arbitrator who may be a national of any party to the dispute and propose up to three (3) candidates to serve as the third additional arbitrator who shall be serve as chair. If the parties concerned are unable to agree on the chair of the arbitral 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. The complaining party and the party complained against shall agree on and appoint the third arbitrator tribunal within forty-five (45) 30 days after the date of receipt of on which 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 last arbitrator has not been appointed an arbitrator pursuant to under paragraph 2, or if the parties to the dispute fail to agree on and appoint the third arbitrator pursuant to this paragraph, they shall request the Director-General of the World Trade Organization (WTO) to appoint the chair and such appointment shall immediately be requested to make the necessary appointmentsaccepted by them. In the event that the Director-General is a national of any party one of the parties to the dispute, the Deputy Director-General or the officer next in seniority who is not a national of any either party to the dispute shall be requested to make appoint the necessary appointmentschair. Appointments made pursuant to this paragraph other than that If one of the third arbitrator parties 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 deemed accepted by them. In the event that the President is a national of one of the parties to have been made by the complaining party dispute, the Vice President or the officer next in seniority who is not a national of either party complained against which has failed to make such an appointmentthe dispute shall be requested to appoint the chair. The date of establishment composition of an the arbitral tribunal shall be the date on which the third arbitrator chair is appointed pursuant to under paragraph 3, or the 30th day after the receipt of the request under Article 6 where only a sole arbitrator of the tribunal is available. If an arbitrator appointed under this Article resigns or becomes unable to act, a succeeding successor arbitrator shall be appointed in the same manner as prescribed for the appointment of the original arbitrator and the succeeding arbitrator successor shall have all the powers and duties of the original arbitrator. The work of the arbitral tribunal shall be suspended until during the succeeding arbitrator is appointedappointment of the successor arbitrator. Any person appointed as an arbitrator a member or chair of the arbitral tribunal shall have expertise or experience in law, international trade, other matters covered by this the Framework Agreement or the resolution of disputes arising under international trade agreements. An arbitrator , and shall be chosen strictly on the basis of objectivity, reliability, sound judgment judgement and independence independence. Additionally, the chair shall not be a national of any party to a dispute and shall conduct himself not have his or herself on her usual place of residence in the same basis throughout territory of, nor be employed by, any party to a dispute. Where the course of the original arbitral tribunal proceedings. If is required for a party to matter as provided in this Agreement but cannot hear the dispute believes that an arbitrator is not adhering to the basis stated abovematter for any reason, the parties to the dispute shall consult and if they agree, the arbitrator shall be removed and a new arbitrator tribunal shall be appointed in accordance with under this Article.