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. An 1. The arbitral tribunal shall consist comprise three members. 2. In the written notification pursuant to Article 15.6, the complaining Party or Parties requesting the establishment of three (an arbitral tribunal shall designate one member of that arbitral tribunal. 3) arbitrators. 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 complaining party and disputing Parties shall designate by common agreement the party complained against shall, appointment of the third arbitrator within thirty (30) 15 days after 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 for the establishment of an arbitral tribunal, 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 third arbitrator who necessary designations shall be made by the chair Director-General of the WTO within a further 30 days. 6. The Chair of the arbitral tribunal. The third arbitrator tribunal shall not be a national of any party to of the disputeParties, nor have his or her usual place of residence in the territory of any party to of the disputeParties, nor be employed by any party to of the disputeParties, nor have dealt with the dispute matter in any capacity. The complaining party 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 party complained against shall agree code of conduct for panelists established under the Understanding on Rules and appoint Procedures Governing the third arbitrator within forty-five (45) days after the date Settlement of receipt Disputes, which is part of the request WTO Agreement. 8. Individuals may not serve as arbitrators for the establishment of an arbitral tribunal, taking into account the candidates proposed a dispute in which they have participated pursuant to paragraph 2Article 15.5. 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 39. If an arbitrator appointed under this Article resigns or becomes unable to act, a succeeding 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 succeeding arbitrator successor shall have all the powers and duties of the original arbitrator. 10. The work date of establishment of the arbitral tribunal shall be suspended until the succeeding arbitrator date on which the Chair 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. 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.

Composition of Arbitral Tribunals. An 1. The arbitral tribunal shall consist of three (3) arbitratorsmembers. The complaining party and 2. Each Party shall appoint an arbitrator within 21 days of the party complained against shall, within thirty (30) days after the date of receipt of the request for the establishment of to establish an arbitral tribunal, each . 3. The Parties shall appoint one (1) by common agreement the third arbitrator who may within 30 days of the receipt of the request to establish an arbitral tribunal. The arbitrator thus appointed shall chair the arbitral tribunal. 4. The chair shall be a national of any party to the dispute and propose up to three (3) candidates to serve as the third arbitrator a non-Party 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 Area of either of the dispute, nor Parties. 5. If all three members of the arbitral tribunal have dealt with the dispute in any capacity. The complaining party and the party complained against shall agree on and appoint the third arbitrator not been appointed within forty-five (45) 30 days after the date of receipt of the request for the establishment of to establish 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 WTO shall, at the request of either Party, make the necessary appointments. In appointments within 30 days of the event that request to the Director-General is a national of any party to the disputeWTO. 6. All arbitrators shall: (a) have expertise or experience in law, the Deputy Director-General international trade, other matters covered by this Agreement, or the officer next 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 seniority who is not a national any capacity; and (e) comply with the code of any party to conduct for panellists established under the dispute shall be requested to make the necessary appointmentsWTO Dispute Settlement Understanding. 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 appointment7. The date of establishment of an the arbitral tribunal shall be the date on which the third last arbitrator is appointed pursuant to paragraph 3appointed. 8. If an arbitrator appointed under this Article resigns or becomes unable to act, a succeeding 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 succeeding arbitrator successor 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 appointment of the successor arbitrator. 9. Where an arbitral tribunal is appointed. Any person appointed as an arbitrator shall established under Articles 12, 13 or 15, it shall, where possible, 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 arbitrators as the course of the original arbitral tribunal proceedingstribunal. If a party to the dispute believes that an arbitrator Where this is not adhering to the basis stated abovepossible, the parties to the dispute shall consult and if they agree, the arbitrator shall be removed and a new any replacement arbitrator shall be appointed in accordance with this Articlethe 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.