Common use of Composition of Arbitral Tribunals Clause in Contracts

Composition of Arbitral Tribunals. 1. The arbitral tribunal shall comprise three members. 2. In the written notification pursuant to Article 15.6, the complaining Party or Parties requesting the establishment of an arbitral tribunal shall designate one member of that arbitral tribunal. 3. Within 15 days of the receipt of the notification referred to in Paragraph 2, the Party to which it was addressed shall designate one member of the arbitral 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 from the date of receipt of the notification referred to in Paragraph 2, at the request of any Party to the dispute the necessary designations shall be made by the Director-General of the WTO within a further 30 days. 6. 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, 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 take instructions from, any Party; and (d) comply with the code of conduct for panelists established under the Understanding on Rules and Procedures Governing the Settlement of Disputes, which is part of the WTO Agreement. 8. 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 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.

Composition of Arbitral Tribunals. 1. The An arbitral tribunal shall comprise consist of three members. 2. In the written notification pursuant to Article 15.6, the complaining Party or Parties requesting the establishment of an arbitral tribunal shall designate one member of that arbitral tribunal. (3. Within 15 days of the receipt of the notification referred to in Paragraph 2, the Party to which it was addressed shall designate one member of the arbitral tribunal. 4) arbitrators. The disputing Parties shall designate by common agreement complaining party and the appointment of the third arbitrator party complained against shall, within 15 thirty (30) 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 from after the date of receipt of the notification referred to in Paragraph 2request for the establishment of an arbitral tribunal, at the request each appoint one (1) arbitrator who may be a national of any Party party to the dispute and propose up to three (3) candidates to serve as the necessary designations third arbitrator who shall be made by the Director-General of the WTO within a further 30 days. 6. The Chair chair of the arbitral tribunal tribunal. The third arbitrator shall not be a national of any of party to the Partiesdispute, nor have his or her usual place of residence in any party to the territory of any of the Partiesdispute, nor be employed by any of party to the Partiesdispute, nor have dealt with the matter dispute in any capacity. 7The 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. All arbitrators shall: (a) have expertise If either the complaining party or experience in law, international trade, other matters covered by this Agreementthe party complained against has not appointed an arbitrator pursuant to paragraph 2, or if the resolution of disputes arising under international trade agreements; (b) be chosen strictly parties to the dispute fail to agree on and appoint the basis of objectivitythird arbitrator pursuant to this paragraph, reliability, and sound judgment; (c) be independent of, and not be affiliated with or take instructions from, any Party; and (d) comply with the code of conduct for panelists established under the Understanding on Rules and Procedures Governing the Settlement of Disputes, which is part Director-General of the WTO AgreementWorld Trade Organization shall immediately be requested to make the necessary appointments. 8In 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. Individuals may not serve as arbitrators for a dispute in which they have participated Appointments made pursuant to Article 15.5this 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. 9The 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 successor succeeding arbitrator shall be appointed within 15 days in accordance with the selection procedure same manner as prescribed for the appointment of the original arbitrator and the successor succeeding arbitrator shall have all the powers and duties of the original arbitrator. 10. The date of establishment work of the arbitral tribunal shall be suspended until the date on which the Chair 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. The arbitral tribunal shall comprise consist of three members. 2. In the written notification pursuant to Article 15.6, the complaining Each Party or Parties requesting the establishment of shall appoint an arbitral tribunal shall designate one member of that arbitral tribunal. 3. Within 15 arbitrator within 21 days of the receipt of the notification referred request to in Paragraph 2, the Party to which it was addressed shall designate one member of the establish an arbitral tribunal. 43. The disputing Parties shall designate appoint by common agreement the appointment of the third arbitrator within 15 30 days of the appointment receipt of the second arbitratorrequest to establish an arbitral tribunal. The member arbitrator thus appointed shall chair the arbitral tribunal. 5. If all 3 members have not been designated or appointed within 30 days from the date of receipt of the notification referred to in Paragraph 2, at the request of any Party to the dispute the necessary designations shall be made by the Director-General of the WTO within a further 30 days. 64. The Chair of the arbitral tribunal chair shall not be a national of any of the Parties, nor a non-Party who shall not have his or her usual place of residence in the territory Area of any either of the Parties, nor be employed by any . 5. If all three members of the Partiesarbitral tribunal have not been appointed within 30 days of receipt of the request to establish an arbitral tribunal, nor have dealt with the matter in any capacityDirector-General of the WTO shall, at the request of either Party, make the necessary appointments within 30 days of the request to the Director-General of the WTO. 76. 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; (c) be independent of, and not be affiliated with or take instructions from, either Party; (d) not have dealt with the matter under dispute in any Partycapacity; and (de) comply with the code of conduct for panelists panellists established under the Understanding on Rules and Procedures Governing the WTO Dispute Settlement Understanding. 7. The date of Disputes, which is part establishment of the WTO Agreementarbitral tribunal shall be the date on which the last arbitrator is appointed. 8. 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 appointed, within 15 21 days from the date written notice is received by the Parties of the need for a successor, in accordance with the selection procedure 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. 10. The date of establishment work of the arbitral tribunal shall be suspended pending the date on which appointment of the Chair successor arbitrator. 9. Where an arbitral tribunal is appointedestablished 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 shall comprise have three members. 2. In The complaining party shall appoint an arbitrator to the written notification arbitral tribunal pursuant to Article 15.6, the complaining Party or Parties requesting the establishment of an arbitral tribunal shall designate one member of that arbitral tribunal. 3. Within 15 6 within 20 days of the receipt of the notification referred request for appointment of the arbitral tribunal under Article 6. The party complained against shall appoint an arbitrator to in Paragraph 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 have appointed their respective arbitrators subject to paragraph 2, the Party parties concerned shall endeavour to which it was addressed agree on an additional arbitrator who shall designate one member serve as chair. If the parties concerned are unable to agree on the chair of the arbitral 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 tribunal within 30 days from after the date of receipt of on which the notification referred to in Paragraph last arbitrator has been appointed under paragraph 2, at the they shall request of any Party to the dispute the necessary designations shall be made by 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 Deputy Director-General or the officer next in seniority who is not a national of either party to the dispute shall be requested to appoint the chair. If one of the parties to the dispute is a non-WTO within 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 accepted by them. In the event that the President is a further 30 days. 6national of one of the parties to the dispute, 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. The Chair date of composition of the arbitral tribunal shall not be a national of any of the Parties, nor have his or her usual place of residence in date on which 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 Agreementchair is appointed under paragraph 3, or the resolution of disputes arising under international trade agreements; (b) be chosen strictly on 30th day after the basis of objectivity, reliability, and sound judgment; (c) be independent of, and not be affiliated with or take instructions from, any Party; and (d) comply with the code of conduct for panelists established under the Understanding on Rules and Procedures Governing the Settlement of Disputes, which is part receipt of the WTO Agreement. 8. Individuals may not serve as arbitrators for request under Article 6 where only a dispute in which they have participated pursuant to Article 15.5. 9sole arbitrator of the tribunal is available. 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 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. 10. The date of establishment work of the arbitral tribunal shall be suspended during the date appointment of the successor arbitrator. 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 which the Chair 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. Where the original arbitral tribunal is appointedrequired 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 shall comprise be composed of three members. . 2. In Unless the written notification pursuant disputing Parties agree otherwise, they shall apply the following procedures to Article 15.6, compose an arbitral tribunal: (a) Within a period of 20 days after the complaining Party or Parties requesting 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 designate one member each appoint an arbitrator and notify each other of those appointments. (b) If the complaining Party or Parties fail to appoint an arbitrator within the period specified in subparagraph (a), the dispute settlement proceedings shall lapse at the end of that arbitral tribunal. 3. Within 15 days of the receipt of the notification referred to in Paragraph 2, the Party to which it was addressed shall designate one member of the arbitral tribunal. 4. The disputing Parties shall designate by common agreement the period. (c) For appointment of the third arbitrator within 15 days of arbitrator, who shall serve as chair, the disputing Parties shall endeavour to agree on the appointment of a chair. (d) If the second arbitrator. The member thus appointed shall responding Party fails to appoint an arbitrator or if the chair of the arbitral tribunal. 5. If all 3 members have tribunal has not been designated or appointed within 30 days from of the date of receipt delivery of the notification request referred to in Paragraph 2subparagraph (a), at the request of any Party to the dispute the necessary designations shall be made by the Director-General of the WTO within a further 30 days. 6. The Chair days of the arbitral tribunal 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 of the request referred to in subparagraph (d), either Party may request the Secretary-General of the Permanent Court of Arbitration to make the remaining appointment promptly. 3. Unless the disputing Parties agree otherwise, the chair shall not be a national of of, or be employed by, any of the Parties, nor have his disputing Parties 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 capacitya third Party. 4. 7. All Each disputing Party shall endeavour to select arbitrators shall: (a) who have expertise or experience in law, international trade, other matters covered by this Agreement, or relevant to 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 take instructions from, any Party; and (d) comply with the code of conduct for panelists established under the Understanding on Rules and Procedures Governing the Settlement of Disputes, which is part subject matter of the WTO Agreement. 8. Individuals may not serve as arbitrators for a dispute in which they have participated pursuant to Article 15.5. 9dispute. 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 as the case may be, shall, no later than 20 days after learning that the arbitrator shall be appointed within 15 days is unavailable, select another arbitrator in accordance with thesame method of selection that was used to select the selection procedure as prescribed for arbitrator who is unavailable, unless the appointment of the original disputing Parties agree otherwise. The replacement arbitrator and the successor shall have all the powers and duties of the original arbitrator. 10. The date of establishment work of the arbitral tribunal shall be suspended pending the date appointment of the replacement arbitrator, and all time frames set out in this Annex and inthe 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 which Rules and Procedures Governing the Chair is appointedSettlement 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.