Constitution of the Tribunal. 1. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators, one arbitrator appointed by each of the disputing parties and the third, who shall be the presiding arbitrator, appointed by agreement of the disputing parties.
2. The Secretary-General shall serve as appointing authority for an arbitration under this Section.
3. If a tribunal has not been constituted within 90 days from the date that a claim is submitted to arbitration under this Section, the appointing authority, on the request of a disputing party, shall appoint, in his or her discretion and after consulting with the disputing parties, the arbitrator or arbitrators not yet appointed.
4. The appointing authority may not appoint a presiding arbitrator who is a national of a Party, unless both parties to the dispute otherwise agree.
5. In the event that the appointing authority appoints a presiding arbitrator in accordance with relevant arbitration rules, the presiding arbitrator being appointed should be a recognized expert in public international law, and should be experienced in investor-State dispute settlement.
Constitution of the Tribunal. 1. Unless the disputing parties have agreed to appoint a sole arbitrator, the tribunal shall comprise three arbitrators, one arbitrator appointed by each of the disputing parties and the third, who shall be the chairperson, appointed by agreement of the disputing parties.
2. The Secretary-General shall serve as appointing authority for an arbitration under this Section.
3. If the disputing parties agree to appoint a sole arbitrator, the disputing parties shall seek to agree on the sole arbitrator. If they fail to do so within 90 days of the day on which the respondent gave its agreement to submit the dispute to a sole arbitrator, the sole arbitrator shall be drawn by the appointing authority on the request of a disputing party from the list of chairpersons established pursuant to paragraph 5 below.
4. If a tribunal has not been constituted within 90 days from the date that a claim is submitted to arbitration under this Section, the appointing authority, on the request of a disputing party, shall appoint, in his or her discretion, the remaining arbitrators from the list established pursuant to paragraph 5 below.
5. The Committee on Investment shall, no later than 2 years after the entry into force of this Agreement, establish a list of individuals who are willing and able to serve as arbitrators. The Committee on Investment shall ensure that at all times the list includes at least 20 individuals.
6. For purpose of the list referred to in paragraph 5, each Party shall select at least five individuals to serve as arbitrators. The Parties shall also jointly select at least 10 individuals who are not nationals of either Party to act as chairperson of the tribunals.
7. In the event that the Secretary-General is required to appoint an arbitrator or arbitrators under paragraph 3 or 4, and the list referred to in paragraph 5 has not been established, the Secretary-General shall appoint, in his or her discretion, the arbitrator or
Constitution of the Tribunal. For issues subject to arbitration pursuant to Paragraphs 8, 9 or 10 of the GEMAA, the tribunal shall consist of a sole arbitrator. Notwithstanding the preceding sentence, any parties to such arbitration may elect to have three arbitrators if such parties pay all additional cost resulting from the additional arbitrators, including increased cost resulting from meeting the required timelines for such arbitrations; and provided that there will be no increase in timelines or change from the arbitrator selection process for a three arbitrator panel set forth in paragraph
Constitution of the Tribunal. 1. Unless the disputing parties have agreed to appoint a sole arbitrator, the tribunal shall comprise three arbitrators, one arbitrator appointed by each of the disputing parties and the third, who shall be the chairperson, appointed by agreement of the disputing parties.
2. The Secretary-General shall serve as appointing authority for an arbitration under this Section.
3. If the disputing parties agree to appoint a sole arbitrator, the disputing parties shall seek to agree on the sole arbitrator. If they fail to do so within 90 days of the day on which the respondent gave its agreement to submit the dispute to a sole arbitrator, the sole arbitrator shall be drawn by the appointing authority on the request of a disputing party from the list of chairpersons established pursuant to paragraph 5 below.
4. If a tribunal has not been constituted within 90 days from the date that a claim is submitted to arbitration under this Section, the appointing authority, on the request of a disputing party, shall appoint, in his or her discretion, the remaining arbitrators from the list established pursuant to paragraph 5 below. 5, The Committee on Investment shall, no later than 2 years after the entry into force of this Agreement, establish a list of individuals who are willing and able to serve as arbitrators. The Committee on Investment shall ensure that at all times the list includes at least 20 individuals.
Constitution of the Tribunal. 1. The Tribunal in an expedited arbitration shall consist of a sole arbitrator appointed pursuant to Article 50 (Method of Appointing the Sole Arbitrator).
2. An appointment under Article 50 (Method of Appointing the Sole Arbitrator) shall be deemed an appointment in accordance with a method agreed by the parties pursuant to Article 37(2)(a) of the ICSID Convention.
Constitution of the Tribunal. 1. The Tribunal established under this Section shall decide claims submitted pursuant to Article 8.23.
2. The CETA Joint Committee shall, upon the entry into force of this Agreement, appoint fifteen Members of the Tribunal. Five of the Members of the Tribunal shall be nationals of a Member State of the European Union, five shall be nationals of Canada9 and five shall be nationals of third countries.
3. The CETA Joint Committee may decide to increase or to decrease the number of the Members of the Tribunal by multiples of three. Additional appointments shall be made on the same basis as provided for in paragraph 2.
4. The Members of the Tribunal shall possess the qualifications required in their respective countries for appointment to judicial office, or be jurists of recognised competence. They shall have demonstrated expertise in public international law. It is desirable that they have expertise in particular, in international investment law, in international trade law and the resolution of disputes arising under international investment or international trade agreements.
5. The Members of the Tribunal appointed pursuant to this Section shall be appointed for a five-year term, renewable once. However, the terms of seven of the 15 persons appointed immediately after the entry into force of the Agreement, to be determined by lot, shall extend to six years. Vacancies shall be filled as they arise. A person appointed to replace a Member of the Tribunal whose term of office has not expired shall hold office for the remainder of the predecessor's term. In principle, a Member of the Tribunal serving on a division of the Tribunal when his or her term expires may continue to serve on the division until a final award is issued.
Constitution of the Tribunal. 1. The Tribunal shall be constituted by three arbitrators. Each disputing party appoint an arbitrator, the third arbitrator, who shall be the president of the arbitral tribunal, shall be appointed by the disputing parties by mutual agreement. The president of arbitral tribunal shall not, under any circumstances, be a national of any of the Parties Contracting.
2. When a court established under this article has not been constituted within ninety (90) days from the date on which the arbitration claim was s ubmitted, the arbitrator or arbitrators who have not yet been appointed shall be designated in accordance with the provisions applicable under the procedural rules of the chosen forum. In any case, the appointing authority before the appointment of the arbitrator or arbitrators who have not yet been appointed, should consult with the disputing party.
3. The disputing parties may agree on the legal place of any arbitration under the arbitration rules applicable under paragraph 3 (b) of this article. If the disputing parties do not reach an agreement, the court will determine the place in accordance with the applicable arbitration rules, provided that the place is found in the territory of a State that is a party to the Convention on United Nations on the Recognition and Enforcement of Foreign Arbitral Awards, made in New York on June 10, 1958.
4. When a tribunal makes a final award unfavorable to the defendant, the Court may grant, separately or jointly, only:
(a) pecuniary damages and interest as appropriate; and
(b) restitution of property, in which case the award shall provide that the defendant may pay pecuniary damages, plus any interest that may arise instead of restitution.
5. The disputing Contracting Party may decide on the publication of the award, in accordance with its national practice or legislation.
Constitution of the Tribunal. 1. Unless the disputing parties otherwise agree, the tribunal shall be composed of three arbitrators. Each disputing party shall appoint one arbitrator and the disputing parties shall agree upon a third arbitrator, who shall be the chairman of the tribunal.
2. Ifa tribunal is not established within 90 days from the date on which the claim has been submitted to arbitration, either because a disputing party has failed to appoint an arbitrator or because the disputing parties have failed to agree upon the chairman, the Secretary-General, upon request of any of the disputing parties, shall appoint, at his own discretion, the arbitrator or arbitrators not yet appointed. Nevertheless, the Secretary-General, when appointing the chairman, shall ensure that he or she is not a national of a State which cannot be regarded as neutral in relation to the dispute.
Constitution of the Tribunal. 1. Arbitration proceedings shall be initiated upon written notice delivered by a Contracting Party ("the requesting Contracting Party") to the other Contracting Party ("the respondent Contracting Party") through official channels. Such notice shall contain a statement setting out the legal and factual grounds of the claim, a summary of the development and results of the consultations pursuant to Article 28 (Consultations on the Interpretation or Application of this Agreement), the requesting Contracting Party's intention to initiate proceedings under this Section and the name of the arbitrator appointed by the requesting Contracting Party.
2. Within 30 days after the date of delivery of such notice, the respondent Contracting Party shall notify the requesting Contracting Party the name of its appointed arbitrator.
3. Within 30 days after the date on which the second arbitrator was appointed, the arbitrators appointed by the Contracting Parties shall appoint, by mutual agreement, a third arbitrator, who shall be the chairman of the tribunal upon approval of the Contracting Parties.
4. If within the time limits set out in paragraphs 2 and 3 above, the required appointments have not been made or the required approvals have not been given, either Contracting Party may invite the President of the International Court of Justice to appoint, in a personal and individual capacity, the arbitrator or arbitrators not yet appointed. If the President is a natural person of either Contracting Party, or he or she is otherwise unable to act, the Vice-President or the next most senior Member who is not disqualified on that ground shall be invited to make the said appointments.
5. In case an arbitrator appointed under this Article resigns or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original arbitrator, and he or she shall have the same powers and duties that the original arbitrator had.
Constitution of the Tribunal. Unless the disputing parties otherwise agree, the tribunal shall comprise three arbitrators, one arbitrator appointed by each of the disputing parties and the third, who shall be the presiding arbitrator, appointed by agreement of the disputing parties.
