Common use of Composition of Panel Clause in Contracts

Composition of Panel. 1. Unless the Parties otherwise agree, the Parties shall apply the following procedures in selecting a panel: (a) the panel shall comprise three members; (b) each Party shall appoint one panelist respectively within 15 days after the establishment of the panel. If a Party fails to appoint a panelist within that period, the panelist shall be appointed by the other Party, unless the Parties otherwise decide; (c) the Parties shall endeavor to agree on the third panelist, who shall serve as the chair, within 30 days after the establishment of the panel; and (d) if the Parties are unable to agree on the chair within 30 days after the establishment of the panel, on the request of any Party to the dispute, the Director General of the WTO is expected to designate the chair within a further period of 30 days. In the event that the Director General of the WTO is a national of either Party or unable to perform this task, the Deputy Director-General of the WTO who is not a national of either Party shall be requested to perform such task. 2. The chair of the panel shall not be a national of either Party, nor have his or her usual place of residence in the territory of either Party, nor be employed by either Party, nor have dealt with the matter in any capacity. 3. If a panelist appointed under this Article resigns or becomes unable to serve on the panel, a successor shall be appointed within 15 days in accordance with the selection procedure of the original panelist and the successor shall have all the powers and duties of the original panelist. In such a case, any time period applicable to the panel proceedings shall be suspended during the appointment of the successor. 4. All panelists 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; and (d) comply with a code of conduct established in Annex 20-B (Code of Conduct for Panelists and Mediators). 5. Where a Party considers that a panelist does not comply with the requirements of Annex 20-B (Code of Conduct for Panelists and Mediators), the Parties shall consult and, if so agreed, replace that panelist in accordance with paragraph 3.

Composition of Panel. 1. Unless the Parties otherwise agree, the Parties shall apply the following procedures in selecting a panel: (a) the A panel shall comprise three members;panellists. (b) each 2. Each Party shall appoint one panelist respectively within 15 days after the establishment of the panel. If a Party fails to appoint a panelist within that period, the panelist shall be appointed by the other Party, unless the Parties otherwise decide; (c) the Parties shall endeavor to agree on the third panelist, who shall serve as the chairshall, within 30 days after the date of receipt of the request for the establishment of a panel, appoint one panellist, who may be its national and propose up to three candidates to serve as the third panellist, who shall be the chair of the panel; and (d) if the Parties are unable to agree on the chair within 30 days after the establishment of the panel, on the request of any Party to the dispute, the Director General of the WTO is expected to designate the chair within a further period of 30 days. In the event that the Director General of the WTO is a national of either Party or unable to perform this task, the Deputy Director-General of the WTO who is not a national of either Party shall be requested to perform such task. 2. The chair of the panel third panellist shall not be a national of either Party, nor have his or her usual place of residence in the territory of either Party, nor be currently or previously employed by either Party, nor have dealt with the matter dispute in any capacity. 3. The Parties shall agree on and appoint the third panellist within 45 days after the date of receipt of the request for the establishment of a panel, taking into account the candidates proposed pursuant to paragraph 2. 4. If any panellist has not been designated or appointed within 45 days after the date of receipt of the request for establishment of a panel, upon the request of any Party, the necessary designations shall be made by the Director General of the WTO within a further period of 15 days. 5. If the Director General of the WTO has not made the necessary designations pursuant to paragraph 4, the panellist or panellists not yet appointed shall be chosen within seven days by lot from the candidates proposed pursuant to paragraph 2. 6. All panellists shall: a) have expertise or experience in law, international trade or other matters covered by this Agreement; b) be chosen strictly on the basis of objectivity, reliability and sound judgment; c) be independent of, and not be affiliated with or receive instructions from, either Party; and d) comply with a code of conduct, as provided for in Annex 12-A (Code of Conduct). 7. If a panelist panellist appointed under this Article resigns or dies, becomes unable to serve on the panelact or resigns, a successor shall be appointed within 15 days in accordance with the selection appointment procedure of the original panelist and the provided for in paragraphs 2 to 5, which shall be applied, respectively, mutatis mutandis. The successor shall have all the powers and duties of the original panelistpanellist. In such a case, any time period applicable to The work of the panel proceedings shall be suspended during for a period beginning on the appointment date the original panellist dies, becomes unable to act or resigns. The work of the successor. 4. All panelists 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 panel shall resume on the basis of objectivity, reliability, and sound judgment; (c) be independent of, and not be affiliated with or take instructions from, either Party; and (d) comply with a code of conduct established in Annex 20-B (Code of Conduct for Panelists and Mediators)date the successor is appointed. 5. Where a Party considers that a panelist does not comply with the requirements of Annex 20-B (Code of Conduct for Panelists and Mediators), the Parties shall consult and, if so agreed, replace that panelist in accordance with paragraph 3.