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, 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 Party's roster of panellists shall be exclusively used.
2. If, following consultations under Article 25, the consulting parties have failed to resolve the matter, either of them may request the establishment of a panel to consider the matter. Such request shall be made in writing to the other consulting party. A copy of the request shall be delivered to the administrator 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 and such consent 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. Once the request has been delivered under paragraph 2, each disputant shall select a panellist within 15 days. If the disputants are Parties, they each shall select a panellist from the other Party's list. If one of the disputants is a person, that person shall select a panelist from the responding Party's list and the responding Party shall select a panellist from the other Party's list. If a disputant fails to select a panellist within 15 days, the chosen panellist shall select the second panellist by lot from the applicable list of the disputant which has failed to choose a panellist.
6. Within 10 days of their appointment, the two panellists shall choose, by consensus, a panellist from the lists of their Parties 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 mutual consent 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.
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. A panel shall be composed of three panellists.
2. Within 10 days of the date of receipt by the Party complained against of the written request for the establishment of a panel, the Parties shall consult with a view to agree on the composition of the panel.
3. If the Parties do not agree on the composition of the panel within the time period provided for in paragraph 2, each Party shall appoint a panellist from the sub-list of that Party established under Article X.6 (Lists of Panellists) within five days from the expiry of the time period established in paragraph 2. If a Party does not appoint a panellist from its sub-list within that time period, the co-chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the panellist from the sub-list of that Party. The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the panellist.
4. If the Parties do not agree on the chairperson of the panel within the time period established in paragraph 2, the co-chair of the [institutional body to be defined] from the complaining Party shall select by lot, within five days from the expiry of that time period, the chairperson of the panel from the sub-list of chairpersons established under Article X.6 (Lists of Panellists). The co-chair of the [institutional body to be defined] from the complaining Party may delegate such selection by lot of the chairperson of the panel.
5. The date of establishment of the panel shall be the date on which all three selected panellists have notified their acceptance of appointment according to Xxxxx [X] (Rules of Procedure).
6. If any of the lists provided for in Article X.6 (Lists of Panellists) have not been established or do not contain sufficient names at the time a request is made pursuant to paragraphs 3 or 4, the panellists shall be drawn by lot from the individuals who have been formally proposed by one Party or both Parties in accordance with Annex [X] (Rules of Procedure).
Establishment of a Panel. 1. If the consulting Parties have not resolved an issue within:
(A) 60 days after a Party has submitted a request for consultations pursuant to Article 7.4 (Consultations); or
(B) such other period as the consulting Parties may agree, Any requesting Party may request in writing the establishment of a panel to consider the matter. The requesting Party shall deliver the request to the other Party and shall state the reasons for the request, including the identification of the measure or other matter in question and an indication of the legal basis of the claim.
2. The panel will be considered established upon delivery of the request.
3. Unless the Parties agree otherwise, the panel shall be selected and shall perform its functions in accordance with the provisions of this Chapter and the Model Rules of Procedure.
4. The Panel shall decide on the dispute on the basis of an objective and impartial assessment of the facts submitted to it and its conformity with the provisions of the Agreement invoked by the Parties, taking into account the arguments and evidence presented by both Parties.
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. 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.
