Common use of Composition of the Arbitration Panel Clause in Contracts

Composition of the Arbitration Panel. 1. An arbitration panel shall consist of three arbitrators. 2. Each Party shall appoint one arbitrator, who may be its national, within 20 days of the date of receipt of the request for the establishment of the arbitration panel. The Parties shall agree on and appoint the third arbitrator, who shall be the chairperson of the arbitration panel, within 45 days of the date of receipt of the request for the establishment of the arbitration panel, taking into account the list established pursuant to paragraph 4. If the Parties fail to agree on and appoint the third arbitrator within 45 days, the third arbitrator shall be chosen within seven days by lot from the list established pursuant to paragraph 4. The selection shall be done by the chairperson of the Joint Committee, in the presence of representatives of each Party. 3. The date of establishment of an arbitration panel shall be the date on which the three arbitrators are appointed. 4. The Joint Committee shall, in its first meeting, establish a list of 10 individuals who are willing and able to serve as third arbitrator. The Joint Committee shall ensure that the list always contains 10 individuals at any point in time. These individuals shall not be a national of either Party, nor have his or her permanent place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity. 5. All arbitrators shall have specialised knowledge or experience in law, international trade or other matters relating to the Korea-Turkey FTA, or in the resolution of disputes arising under international trade agreements. Each arbitrator shall be independent, serve in their individual capacities and not be affiliated with, nor take instructions from, any Party or organisation related to the dispute, and shall comply with Annex 6-B. 6. Where a Party considers that an arbitrator does not comply with the requirements of Annex 6-B, the Parties shall consult and, if so agreed, the Parties shall replace that arbitrator in accordance with paragraph 7. 7. If an arbitrator appointed under this Article becomes unable to participate in the proceeding or resigns, or is to be replaced according to paragraph 6, a successor shall be selected within 10 days in accordance with the selection procedure followed to select that arbitrator. The successor shall have all the powers and duties of the original arbitrator. The work of the arbitration panel shall be suspended for a period beginning on the date the arbitrator becomes unable to participate in the proceeding, resigns, or is to be replaced according to paragraph 6. The work of the arbitration panel shall resume on the date the successor is appointed.

Appears in 3 contracts

Samples: Framework Agreement, Framework Agreement, Framework Agreement

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Composition of the Arbitration Panel. 1. An Unless otherwise agreed by the Parties, an arbitration panel shall consist of three arbitrators. 2. Each Party shall appoint one arbitrator, arbitrator who may be its national, national and propose up to three candidates to serve as the third arbitrator who shall be the chair of the arbitration panel within 20 30 days of the date of receipt of the request for the establishment of the arbitration panel. The Parties shall endeavor to agree on and appoint the third arbitrator, arbitrator who shall be serve as the chairperson chair of the arbitration panel, panel within 45 days of the date of receipt of the request for the establishment of the arbitration panel, taking into account the list established pursuant to paragraph 4candidates proposed. If the Parties fail to agree on and appoint the third arbitrator within 45 days, the third arbitrator Parties shall be chosen meet within seven days and select the chair by lot from the list established pursuant to paragraph 4. The selection shall be done of candidates proposed by the chairperson of the Joint Committee, in the presence of representatives of each Partyboth Parties. 3. The date of establishment of an arbitration panel shall be candidates for the date on which the three arbitrators are appointed. 4. The Joint Committee shall, third arbitrator referred to in its first meeting, establish a list of 10 individuals who are willing and able to serve as third arbitrator. The Joint Committee shall ensure that the list always contains 10 individuals at any point in time. These individuals paragraph 2 shall not be a national nationals of either Party, nor have his or her permanent their usual place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity. 4. The date of the establishment of an arbitration panel shall be the date on which the third arbitrator is appointed. 5. All arbitrators shall have specialised knowledge expertise or experience in law, international trade or other matters relating to the Korea-Turkey FTAthis Agreement, or in the resolution of disputes arising under international trade agreements. Each arbitrator shall be independent, serve in their his or her individual capacities and not be affiliated with, nor take instructions from, any either Party or organisation organization related to the dispute, and shall comply with Annex 615-B. 6. Where a Party considers that an arbitrator does not comply with the requirements of Annex 615-B, the Parties shall consult andand replace, if so agreed, the Parties shall replace that arbitrator in accordance with paragraph 7. 7. If an arbitrator appointed under this Article resigns or becomes unable to participate in the proceeding or resignsproceedings, or is to be replaced according to paragraph 6, a successor shall be selected within 10 15 days in accordance with the selection procedure followed to select that arbitratorappointment method provided for in paragraphs 2 and 3, mutatis mutandis. The successor shall have all the powers and duties of the original arbitrator. The work of the arbitration panel shall be suspended for a period beginning on the date the arbitrator resigns or becomes unable to participate in the proceeding, resigns, or is to be replaced according to paragraph 6. The work of the arbitration panel shall resume on the date the successor is appointed.

Appears in 2 contracts

Samples: Free Trade Agreement, Dispute Settlement Agreement

Composition of the Arbitration Panel. 1. An arbitration panel shall consist of three arbitrators. 2. Each Party shall appoint one arbitrator, who may be its national, within 20 days of the date of receipt of the request for the establishment of the arbitration panel. The Parties shall agree on and appoint the third arbitrator, who shall be the chairperson of the arbitration panel, within 45 days of the date of receipt of the request for the establishment of the arbitration panel, taking into account the list established pursuant to paragraph 4. If the Parties fail to agree on and appoint the third arbitrator within 45 days, the third arbitrator shall be chosen within seven days by lot from the list established pursuant to paragraph 4. The selection shall be done by the chairperson of the Joint Committee, in the presence of representatives of each Party. 3. The date of establishment of an arbitration panel shall be the date on which the three arbitrators are appointed. 4. The Joint Committee shall, in its first meeting, establish a list of 10 individuals who are willing and able to serve as third arbitrator. The Joint Committee shall ensure that the list always contains 10 individuals at any point in time. These individuals shall not be a national of either Party, nor have his or her permanent place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity. 5. All arbitrators shall have specialised knowledge or experience in law, international trade or other matters relating to the KoreaTurkey-Turkey Korea FTA, or in the resolution of disputes arising under international trade agreements. Each arbitrator shall be independent, serve in their individual capacities and not be affiliated with, nor take instructions from, any Party or organisation related to the dispute, and shall comply with Annex 6-B. 6. Where a Party considers that an arbitrator does not comply with the requirements of Annex 6-B, the Parties shall consult and, if so agreed, the Parties shall replace that arbitrator in accordance with paragraph 7. 7. If an arbitrator appointed under this Article becomes unable to participate in the proceeding or resigns, or is to be replaced according to paragraph 6, a successor shall be selected within 10 days in accordance with the selection procedure followed to select that arbitrator. The successor shall have all the powers and duties of the original arbitrator. The work of the arbitration panel shall be suspended for a period beginning on the date the arbitrator becomes unable to participate in the proceeding, resigns, or is to be replaced according to paragraph 6. The work of the arbitration panel shall resume on the date the successor is appointed.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

Composition of the Arbitration Panel. 1. An Unless otherwise agreed by the Parties, an arbitration panel shall consist of three arbitrators. 2. Each The complaining Party shall appoint one arbitrator, who may be its nationaland the Party complained against shall, within 20 30 days of the date of receipt of the request for the establishment of the arbitration panel. The Parties shall agree on and appoint the third arbitrator, who shall be the chairperson of the arbitration panel, within 45 days of from the date of receipt of the request for the establishment of the arbitration panel, taking into account the list established pursuant each appoint one arbitrator, who may be its national, and propose up to paragraph 4. If the Parties fail to agree on and appoint three candidates for appointment as the third arbitrator within 45 days, who shall be the chair of the arbitration panel. The candidates for the third arbitrator shall be chosen within seven days by lot from the list established pursuant to paragraph 4. The selection shall be done by the chairperson of the Joint Committee, in the presence of representatives of each Party. 3. The date of establishment of an arbitration panel shall be the date on which the three arbitrators are appointed. 4. The Joint Committee shall, in its first meeting, establish a list of 10 individuals who are willing and able to serve as third arbitrator. The Joint Committee shall ensure that the list always contains 10 individuals at any point in time. These individuals shall not be a national nationals of either Party, nor have his or her permanent their 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 endeavor to agree on and appoint the third arbitrator within 30 days of the appointment of the second arbitrator pursuant to paragraph 2, taking into account the candidates proposed. If the Parties fail to agree on and appoint the third arbitrator within this period, the Parties shall meet within the next seven days and select the chair by lot from the list of candidates proposed by both Parties. 4. The date of the establishment of an arbitration panel shall be the date on which the third arbitrator is appointed. 5. All arbitrators shall have specialised knowledge expertise or experience in law, international trade trade, or other matters relating to the Korea-Turkey FTAthis Agreement, or in the resolution of disputes arising under international trade agreements. Each arbitrator shall be independent, serve in their his or her individual capacities capacities, and not be affiliated with, nor take instructions from, any either Party or organisation organization related to the dispute, and shall comply with Annex 68-B. 6. Where a Party considers that an arbitrator does not comply with the requirements of Annex 68-B, the Parties shall consult andand replace, if so agreed, the Parties shall replace that arbitrator in accordance with paragraph 7. 7. If an arbitrator appointed under this Article resigns or becomes unable to participate in the proceeding or resignsproceedings, or is to be replaced according to paragraph 6, a successor shall be selected within 10 15 days in accordance with the selection procedure followed to select that arbitratorappointment method provided for in paragraphs 2 and 3, mutatis mutandis. The successor shall have all the powers and duties of the original arbitrator. The work of the arbitration panel shall be suspended for a period beginning on the date the arbitrator resigns or becomes unable to participate in the proceeding, resigns, or is to be replaced according to paragraph 6. The work of the arbitration panel shall resume on the date the successor is appointed.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

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Composition of the Arbitration Panel. 1. An Unless otherwise agreed by the Parties, an arbitration panel shall consist of three arbitrators. 2. Each Party shall appoint one arbitrator, arbitrator who may be its national, national and propose up to three candidates to serve as the third arbitrator who shall be the chair of the arbitration panel within 20 30 days of the date of receipt of the request for the establishment of the arbitration panel. The Parties shall endeavour to agree on and appoint the third arbitrator, arbitrator who shall be serve as the chairperson chair of the arbitration panel, panel within 45 days of the date of receipt of the request for the establishment of the arbitration panel, taking into account the list established pursuant to paragraph 4candidates proposed. If the Parties fail to agree on and appoint the third arbitrator within 45 days, the third arbitrator Parties shall be chosen meet within seven days and select the chair by lot from the list established pursuant to paragraph 4. The selection shall be done of candidates proposed by the chairperson of the Joint Committee, in the presence of representatives of each Partyboth Parties. 3. The date of establishment of an arbitration panel shall be candidates for the date on which the three arbitrators are appointed. 4. The Joint Committee shall, third arbitrator referred to in its first meeting, establish a list of 10 individuals who are willing and able to serve as third arbitrator. The Joint Committee shall ensure that the list always contains 10 individuals at any point in time. These individuals paragraph 2 shall not be a national nationals of either cither Party, nor have his or her permanent their usual place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity. 4. The date of the establishment of an arbitration panel shall be the date on which the third arbitrator is appointed. 5. All arbitrators shall have specialised knowledge expertise or experience in law, international trade or other matters relating to the Korea-Turkey FTAthis Agreement, or in the resolution of disputes arising under international trade agreements. Each arbitrator shall be independent, serve in their his or her individual capacities and not be affiliated with, nor take instructions from, any either Party or organisation organization related to the dispute, and shall comply with Annex 610-B. 6. Where a Party considers that an arbitrator does not comply with the requirements of Annex 610-B, the Parties shall consult andand replace, if so agreed, the Parties shall replace that arbitrator in accordance with paragraph 7. 7. If an arbitrator appointed under this Article resigns or becomes unable to participate in the proceeding or resignsproceedings, or is to be replaced according to paragraph 6, a successor shall be selected within 10 15 days in accordance with the selection procedure followed to select that arbitratorappointment method provided for in paragraphs 2 and 3, mutatis mutandis. The successor shall have all the powers and duties of the original arbitrator. The work of the arbitration panel shall be suspended for a period beginning on the date the arbitrator resigns or becomes unable to participate in the proceeding, resigns, or is to be replaced according to paragraph 6. The work of the arbitration panel shall resume on the date the successor is appointed.

Appears in 1 contract

Samples: Comprehensive Economic Partnership Agreement

Composition of the Arbitration Panel. 1. An arbitration panel shall consist of three arbitrators. 2. Each Party shall appoint one arbitrator, arbitrator who may be its nationalnational and propose up to three candidates to serve as the third arbitrator, who shall be the chair of the arbitration panel, within 20 30 days of the date of receipt of the request for the establishment of the arbitration panel. The Parties shall endeavor to agree on and appoint the third arbitrator, arbitrator who shall be serve as the chairperson chair of the arbitration panel, panel within 45 days of the date of receipt of the request for the establishment of the arbitration panel, taking into account the list established pursuant to paragraph 4candidates proposed. If the Parties fail to agree on and appoint the third arbitrator within 45 days, the third arbitrator Parties shall be chosen meet in the territory of the Party complained against within seven days and select the chair by lot from the list established pursuant to paragraph 4. The selection shall be done of candidates proposed by the chairperson of the Joint Committee, in the presence of representatives of each Partyboth Parties. 3. The date of establishment of an arbitration panel shall be candidates for the date on which the three arbitrators are appointed. 4. The Joint Committee shall, third arbitrator referred to in its first meeting, establish a list of 10 individuals who are willing and able to serve as third arbitrator. The Joint Committee shall ensure that the list always contains 10 individuals at any point in time. These individuals paragraph 2 shall not be a national nationals of either Party, nor have his or her permanent their usual place of residence in either Party, nor be employed by either Party, nor have dealt with the dispute in any capacity. 4. The date of the establishment of an arbitration panel shall be the date on which the third arbitrator is appointed. 5. All arbitrators shall shall: (a) have specialised knowledge expertise or experience in law, international trade trade, or other matters relating to the Korea-Turkey FTAthis Agreement, or in the resolution of disputes arising under international trade agreements. Each arbitrator shall ; (b) be independent, serve in their his or her individual capacities and not be affiliated with, nor take instructions from, any either Party or organisation organization related to the dispute; (c) be chosen strictly on the basis of objectivity, impartiality, reliability, and shall sound judgment; and (d) comply with Annex 620-B. 6. Where a Party considers that an arbitrator does not comply with the requirements of Annex 620-B, the Parties shall consult andand replace, if so agreed, the Parties shall replace that arbitrator in accordance with paragraph 7. 7. If an arbitrator appointed under this Article resigns or becomes unable to participate in the proceeding or resignsproceedings, or is to be replaced according to paragraph 6, a successor shall be selected within 10 15 days in accordance with the selection procedure followed to select that arbitratorappointment method provided for in paragraphs 2 and 3, mutatis mutandis. The successor shall have all the powers and duties of the original arbitrator. The work of the arbitration panel shall be suspended for a period beginning on the date the arbitrator resigns or becomes unable to participate in the proceeding, resigns, or is to be replaced according to paragraph 6. The work of the arbitration panel shall resume on the date the successor is appointed.

Appears in 1 contract

Samples: Dispute Settlement Agreement

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