Establishment of a Panel. 1. If the Commission has convened pursuant to Article 31.5 (Commission, Good Offices, Conciliation, and Mediation), and the matter has not been resolved within:
(a) 30 days thereafter; 2 For the purposes of this Article, the Commission shall be composed of, and decisions taken by the Commission representatives of the consulting Parties.
(b) 30 days after the Commission has convened in respect of the matter most recently referred to it, if proceedings have been consolidated pursuant to Article 31.5.5 (Commission, Good Offices, Conciliation, and Mediation); or
(c) another period as the consulting Parties may decide, a consulting Party may request the establishment of a panel by means of a written notice delivered to the responding Party through its Section of the Secretariat.
2. The complaining Party shall circulate the written notice concurrently to the other Parties through their respective Sections of the Secretariat.
3. The complaining Party shall include in the request to establish a panel an identification of the measure or other matter at issue and a brief summary of the legal basis of the complaint sufficient to present the issue clearly.
4. On delivery of the request, the Commission shall establish a panel.
5. A third Party that considers it has a substantial interest in the matter is entitled to join as a complaining Party on delivery of written notice of its intention to participate to the disputing Parties through their respective Sections of the Secretariat, including a copy to its Section. The third Party shall deliver the notice no later than seven days after the date of delivery of a request by a Party for the establishment of a panel.
6. Unless the disputing Parties decide otherwise, the panel shall be established and perform its functions in a manner consistent with this Chapter and the Rules of Procedure.
7. If a panel has been established regarding a matter and another Party requests the establishment of a panel regarding the same matter, a single panel should be established to examine those complaints whenever feasible.
Establishment of a Panel. 1. Unless the Parties agree to have recourse to alternative methods of dispute resolution, the Parties agree to establish a panel to examine any matter they fail to resolve through consultations pursuant to Article XIII.05.
2. The complaining Party may request in writing the establishment of a panel if the Parties fail to resolve a matter pursuant to Article XIII.05 within:
(a) thirty (30) days after the delivery date of the request for consultations; or
(b) fifteen (15) days after the delivery date of the request for consultations for matters referred to in paragraph 2 of Article XIII.04.
3. The complaining Party shall state in the request, the measure or other matter complained of, and shall indicate the provisions of this Agreement that it considers relevant; and shall deliver the request to the other Party.
4. The Parties may consolidate two (2) or more proceedings regarding other matters that they determine are appropriate to be considered jointly.
5. The arbitration proceedings shall be considered invoked upon the delivery of the request for the establishment of the panel to the Party complained against and the Parties shall take all necessary action in accordance with Article XIII.10 for the establishment of the panel.
6. Unless otherwise agreed by the disputing Parties, the panel shall be established and perform its functions in a manner consistent with the provisions of this Chapter.
Establishment of a Panel.
1. Prior to the entry into force of this Agreement, each Party will establish and maintain a list of at least five individuals to act as panellists. If a Party fails to establish or maintain a list, the other Parties’ roster of panellists shall be exclusively used.
2. If consultations under Article 25 have failed to resolve the matter, any consulting party individually, or two or more consulting parties collectively, may request the establishment of a panel to consider the matter. Such request shall be made in writing to any other consulting party, with a copy to the administrator, the other Parties and the Ministerial Committee.
3. In order to access the panel process established under this Article, a person must acknowledge, in writing, its consent thereto. Such consent shall be in a form agreed to among the Parties and shall be included with the request made under paragraph 2.
4. If more than one administrator has been designated, the administrator located within the territory of the responding Party will administer the dispute.
5. Where a request has been delivered under paragraph 2, within 15 days of delivery of the request the responding Party shall select a panellist and the complainant shall select a panellist. No Party shall select from its own list and no person shall select from its Party’s list. If a disputant fails to select a panellist within 15 days, the administrator shall select a panellist by lot from the applicable lists on that disputant’s behalf.
6. Within 10 days of their appointment, the two panellists shall choose, by consensus, a panellist from the list of any Party to chair the proceedings. If the two panellists are unable to agree, they shall choose a chair by lot from the lists of the Parties.
7. As an alternative to the panel selection process under paragraphs 5 and 6, the disputants may, by agreement and within 15 days of the commencement of the selection process under paragraph 5, choose a single panellist to consider the matter.
8. All panellists selected must be independent and impartial in the matter under dispute and otherwise comply with the code of conduct established by the Parties under Article 34(3).
9. At any time prior to the issuance of a final report, if a disputant believes that a panellist is in violation of the code of conduct it shall immediately advise the other disputant in writing, with a copy to the administrator and to the other Parties. The Parties shall immediately consult on the issue and, if they a...
Establishment of a Panel. 1. Unless the Parties agree otherwise, and subject to paragraph 3, if a matter referred to in Article 2104 has not been resolved within:
(a) 45 days after the date of receipt of the request for consultations; or
(b) 25 days after the date of receipt of the request for consultations for matters referred to in paragraph 4 of Article 2104;
2. The complaining Party shall deliver the written request for panel establishment to the other Party, indicating the reason for the request, identifying the specific measures or other matters at issue and providing a brief summary of the legal basis of the complaint sufficient to present the problem clearly.
3. A dispute settlement panel may not be established to review a proposed measure.
Establishment of a Panel. 1. Unless the Parties agree otherwise, if a matter referred to Article 21.2 is not resolved by recourse to consultations referred to Article 21.4 within:
(a) 35 days of the date of the receipt of the request for consultations; or
(b) 10 days of the date of the receipt of the request for consultations in cases of urgency, as referred to in Article 21.4.5; the complaining Party may, through written notification to the Party complained against, refer the matter to a dispute settlement panel. The panel is established upon receipt by the Party complained against of the written notification of the complaining Party.
2. In its written notification of panel establishment, the complaining Party shall identify the specific measures or other matter at issue and provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly.
Establishment of a Panel. 1. Unless the Parties agree otherwise, and subject to paragraph 3, if a matter referred to in Article 2104 has not been resolved within:
(a) 45 days after the date of receipt of the request for consultations; or
(b) 25 days after the date of receipt of the request for consultations for matters referred to in paragraph 4 of Article 2104; the complaining Party may refer the matter to a dispute settlement panel.
Establishment of a Panel. 1. Unless the Parties decide otherwise, the complaining Party may refer the matter to a dispute settlement panel if a matter referred to in Article 17.5 has not been resolved: (a) within 45 days of the date of receipt of the request for consultations; or (b) within 25 days of the date of receipt of the request for consultations for matters referred to in Article 17.5(4). 2. The complaining Party shall deliver the written request for panel establishment to the Party complained against, indicating the reason for the request, identifying the specific measure or other matter at issue, and providing a brief summary of the legal basis of the complaint sufficient to present the problem clearly. Article 17.8: Panel Selection 1. The panel shall consist of three panellists.
Establishment of a Panel. Unless the Parties agree otherwise, and without prejudice to paragraph 5, if a matter referred to in Article 18.4 has not been resolved within:
Establishment of a Panel. 1. If the Party complained against does not answer the request for consultations within 10 days from the date of receipt of such request, or if the Party complained against does not enter into consultations within the periods laid down in Article 143 (Consultations), paragraph 3, or if the consultation period has expired and the Parties have failed to resolve the dispute, the complaining Party may request in writing the establishment of a panel to consider the matter.
2. The complaining Party shall identify the measure or other matter at issue and indicate the provisions of this Agreement considered relevant, and shall deliver the request for the establishment of the panel to the other Party.
3. A panel shall be established upon receipt of a request.
4. Unless otherwise agreed by the disputing Parties, the panel shall be established, selected and perform its functions in a manner consistent with this Chapter.
Establishment of a Panel. 1. If the Parties fail to resolve the dispute through recourse to consultations as provided for in Article 16.6 (Consultations), the Party that sought consultations may request the establishment of a panel.
2. The request for the establishment of a panel shall be made by means of a written request delivered to the other Party and shall identify the measure at issue and indicate the legal basis, specifying the relevant covered provisions in a manner sufficient to present how such measure is inconsistent with those provisions.
3. When a request is made by the complaining party in accordance with paragraph 1, a panel shall be established.
