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.
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Samples: Cooperation Agreement, Cooperation Agreement, Cooperation Agreement
Establishment of a Panel. 1. Unless If 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 Commission has convened pursuant to Article XIII.05.
31.5 (Commission, Good Offices, Conciliation, and Mediation), and the matter has not been resolved within: (a) 30 days thereafter; (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 may request in writing shall circulate the establishment of a panel if written notice concurrently to the other Parties fail to resolve a matter pursuant to Article XIII.05 within:
(a) thirty (30) days after the delivery date through their respective Sections 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.
Secretariat. 3. The complaining Party shall state include in the request, request to establish a panel an identification of the measure or other matter complained ofat issue and a brief summary of the legal basis of the complaint sufficient to present the issue clearly. 4. On delivery of the request, and the Commission shall indicate establish a panel. 5. A third Party that considers it has a substantial interest in the provisions matter is entitled to join as a complaining Party on delivery of this Agreement that it considers relevant; and 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 request to notice no later than seven days after 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 date of delivery of the a request by a Party 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 a panel.
. 6. Unless otherwise agreed by the disputing PartiesParties decide otherwise, the panel shall be established and perform its functions in a manner consistent with this Chapter and the provisions Rules of this ChapterProcedure.
Appears in 1 contract
Samples: Dispute Settlement Agreement
Establishment of a Panel. β
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.
Appears in 1 contract
Samples: Free Trade Agreement