Common use of Establishment of an Arbitral Panel Clause in Contracts

Establishment of an Arbitral Panel. 1. If the Parties fail to resolve the matter within: (a) thirty (30) days after the Commission has convened pursuant to Article 15.06; (b) thirty (30) days after the Commission has convened in respect of the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 15.06 (4); (c) fifteen (15) days after a Party has delivered a request for consultations under Article 15.05 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 15.06 (1); (d) sixty (60) days after a Party has delivered a request for consultations under Article 15.05, if the Commission has not convened pursuant to Article 15.06 (3); or (e) such other terms as the consulting Parties may agree; any Party that requested a meeting of the Commission in accordance with Article 15.05 may request in writing the establishment of an arbitral panel to consider the matter, and shall set out the reasons for the request, including an identification of the actual measure or other matter at issue, and the legal basis for the complaint. 2. The complaining Party shall deliver the request to the other Party, and shall set out the reasons for the request, including an identification of the measure or other matter at issue and the legal basis for the complaint. 3. The disputing Parties may consolidate two (2) or more proceedings regarding other issues whenever they deem it appropriate to consider these proceedings jointly. 4. Arbitral panel procedures shall be considered invoked when the Party complained against receives the request to establish a panel. The disputing Parties shall adopt all necessary measures pursuant to Article 15.10 for the establishment of the panel. 5. Unless otherwise decided by the disputing Parties, the panel shall be established and shall carry out its functions in consistency with the provisions of this Chapter.

Establishment of an Arbitral Panel. 1. If the Parties fail to resolve the matter within: (a) thirty (30) days after the Commission has convened pursuant to Article 15.06; (b) thirty (30) days after the Commission has convened in respect of the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 15.06 (4); (c) fifteen (15) days after a The complaining Party has delivered a request for that requested consultations under Article 15.05 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 15.06 13.3 (1); (dConsultations) sixty (60) days after a Party has delivered a request for consultations under Article 15.05, if the Commission has not convened pursuant to Article 15.06 (3); or (e) such other terms as the consulting Parties may agree; any Party that requested a meeting of the Commission in accordance with Article 15.05 may request in writing the establishment of an arbitral panel Arbitral Panel to consider the matter, and shall set out if the reasons consultations under Article 13.3 (Consultations) are not held within the time frames laid down in paragraph 5 of Article 13.3 (Consultations), or if the Parties fail to resolve the matter through consultations under Article 13.3 (Consultations) within: (a) 30 days after the date of receipt of the request for consultations under Article 13.3 (Consultations) in cases of urgency, including those which concern perishable goods; or (b) 60 days after the date of receipt of the request for consultations under Article 13.3 (Consultations) for any other matter; or (c) such other period as the Parties may agree upon. 2. In its request for the requestestablishment of an Arbitral Panel, including an identification of the actual measure or other matter at issue, and the legal basis for the complaint. 2. The complaining Party shall deliver the request state in writing to the other Party, the measures complained of and shall set out indicate the reasons for details of factual and legal basis (including the request, including an identification provisions of this Agreement alleged to have been breached and any other relevant provisions) of the measure or other matter at issue and complaint, as well as providing sufficient evidence to enable a detailed examination of the legal basis for the complaint. matter. 3. The disputing Parties may consolidate two (2) or more proceedings regarding other issues whenever they deem it appropriate responding Party shall immediately acknowledge its receipt of the request for the establishment of an Arbitral Panel made pursuant to consider these proceedings jointlyparagraph 1, by way of notification to the complaining Party, indicating the date on which the request was received, otherwise the date when the request was made shall be deemed to be the date of the responding Party’s receipt of the request. 4. An Arbitral panel procedures shall be considered invoked when the Party complained against receives the request to establish a panel. The disputing Parties shall adopt all necessary measures pursuant to Article 15.10 for the establishment of the panel. 5. Unless otherwise decided by the disputing Parties, the panel Panel shall be established and shall carry out perform its functions in consistency a manner consistent with the provisions of this Chapter. 5. The date of the establishment of an Arbitral Panel shall be the date on which the chair of the Arbitral Panel is appointed pursuant to Article 13.7 (Composition of Arbitral Panels).

Establishment of an Arbitral Panel. 1. If the Parties fail to resolve the matter within: (a) thirty (30) days after the Commission has convened pursuant to Article 15.06; (b) thirty (30) days after the Commission has convened in respect of the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 15.06 (4); (c) fifteen (15) days after a The complaining Party has delivered a request for that requested consultations under Article 15.05 in a matter regarding perishable goods, if the Commission has not convened pursuant to Article 15.06 13.3 (1); (dConsultations) sixty (60) days after a Party has delivered a request for consultations under Article 15.05, if the Commission has not convened pursuant to Article 15.06 (3); or (e) such other terms as the consulting Parties may agree; any Party that requested a meeting of the Commission in accordance with Article 15.05 may request in writing the establishment of an arbitral panel Arbitral Panel to consider the matter, and shall set out if the reasons consultations under Article 13.3 (Consultations) are not held within the time frames laid down in paragraph 5 of Article 13.3 (Consultations), or if the Parties fail to resolve the matter through consultations under Article 13.3 (Consultations) within: (a) 30 days after the date of receipt of the request for consultations under Article 13.3 (Consultations) in cases of urgency, including those which concern perishable goods; or (b) 60 days after the date of receipt of the request for consultations under Article 13.3 (Consultations) for any other matter; or (c) such other period as the Parties may agree upon. 2. In its request for the requestestablishment of an Arbitral Panel, including an identification of the actual measure or other matter at issue, and the legal basis for the complaint. 2. The complaining Party shall deliver the request state in writing to the other Party, the measures complained of and shall set out indicate the reasons for details of factual and legal basis (including the request, including an identification provisions of this Agreement alleged to have been breached and any other relevant provisions) of the measure or other matter at issue and complaint, as well as providing sufficient evidence to enable a detailed examination of the legal basis for the complaint. matter. 3. The disputing Parties may consolidate two (2) or more proceedings regarding other issues whenever they deem it appropriate responding Party shall immediately acknowledge its receipt of the request for the establishment of an Arbitral Panel made pursuant to consider these proceedings jointlyparagraph 1, by way of notification to the complaining Party, indicating the date on which the request was received, otherwise the date when the request was made shall be deemed to be the date of the responding Party's receipt of the request. 4. An Arbitral panel procedures shall be considered invoked when the Party complained against receives the request to establish a panel. The disputing Parties shall adopt all necessary measures pursuant to Article 15.10 for the establishment of the panel. 5. Unless otherwise decided by the disputing Parties, the panel Panel shall be established and shall carry out perform its functions in consistency a manner consistent with the provisions of this Chapter. 5. The date of the establishment of an Arbitral Panel shall be the date on which the chair of the Arbitral Panel is appointed pursuant to Article 13.7 (Composition of Arbitral Panels).