Establishment of an Arbitral Tribunal. 1. An arbitral tribunal shall consist of three members. Each Party shall appoint a member within 30 days after the receipt of the request under Article 1804. The two members appointed shall, within 30 days after the appointment of the second of them, designate by common agreement the third member.
2. The Parties shall, within seven days after the date of the designation of the third member, approve or disapprove the appointment of that member, who shall, if approved, chair the tribunal.
3. If the third member has not been designated within 30 days after the date of the appointment of the second member, or if one or both of the Parties disapproves the appointment of the third member, the Parties shall consult each other in order to jointly appoint within a further period of 30 days the chair of the arbitral tribunal.
4. Anarbitral tribunal shall be regarded as established on the day on which the appointment of the third member of the tribunal has been approved or agreed by the Parties in accordance with this Article.
5. Ifa member appointed under this Article resigns or becomes unable to act, a successor member shall be appointed in the same manner as prescribed for the appointment of the member being replaced and the successor shall have all the powers and duties of the member being replaced.
6. A person appointed as a member of an arbitral tribunal:
(a) shall have expertise or experience in law, international trade, other matters covered by this Agreement or the settlement of disputes arising under international trade agreements;
(b) shall be chosen strictly on the basis of objectivity, reliability, sound judgement and independence; and
(c) shall be independent of, and not be affiliated with or take instructions from, either Party.
7. Aperson appointed as chair of an arbitral tribunal shall not be a national of, nor have his or her usual place of residence in the territory of, nor be employed by, either Party nor have dealt with the dispute in any capacity.
Establishment of an Arbitral Tribunal.
1. An arbitral tribunal shall consist of three members. Each Party shall appoint a member within 30 days after the receipt of the request under Article
Establishment of an Arbitral Tribunal. 1. If the consultations fail to resolve a dispute within: (a) 30 days after the date of receipt of the request for consultations regarding a matter concerning perishable goods; or (b) 60 days after the date of receipt of the request for consultations regarding any other matter; the Party that made the request for consultations may request in writing the establishment of an arbitral tribunal to consider the matter.
2. The request to establish an arbitral tribunal shall identify: (a) the specific measures at issue; and (b) the legal basis of the complaint including the provisions of this Agreement alleged to have been breached and any other relevant provisions, sufficient to present the problem clearly. 3. An arbitral tribunal shall be established upon receipt of a request.
Establishment of an Arbitral Tribunal. If the parties fail to meet to resolve the matter within:
Establishment of an Arbitral Tribunal. The complaining Party may request, by means of a written notification addressed to the Party complained against, the establishment of an arbitral tribunal if the consulting Parties fail to resolve the matter within: (a) 45 days after the date of receipt of the request for consultations under Article 15.4; (b) 30 days after the date of receipt of the request for consultations under Article 15.4 in a matter regarding perishable goods; or (c) such other period as the consulting Parties agree.
Establishment of an Arbitral Tribunal. 1. If a consultation referred to in the Article 15.4 (Consultations) fails to resolve a matter within 60 days or 30 days in relation to urgent matters concerning perishable goods, after receipt of the request for consultations, the complaining Party may request in writing the establishment of an arbitral tribunal to consider the matter.
2. The complaining Party shall:
(a) indicate in the request whether consultations were held;
(b) identify the specific measures at issue;
(c) provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly; and
(d) deliver the request to the responding Party.
3. An arbitral tribunal is established upon receipt of a request.
Establishment of an Arbitral Tribunal. 1. If the consultation referred to in the Article 21.4 fails to resolve a matter within 60 days or 30 days in relation to urgent matters concerning perishable goods, after receipt of the request for consultations, the complaining Party may request in writing the establishment of an arbitral tribunal to consider the matter.
2. The complaining Party shall indicate in the request whether consultations were held, identify the specific measures at issue and provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly, and shall deliver the request to the responding Party. An arbitral tribunal is established upon receipt of a request.
Establishment of an Arbitral Tribunal. 1. The complaining Party may request in writing to the Party complained about the establishment of an arbitral tribunal, when:
(a) The Commission has not met within 10 days after receipt of the request for intervention, or within another period agreed by the Parties, in accordance with Article 18.5.3;
(b) The matter has not been resolved within 30 days after the Commission meeting, in accordance with Article 18.5.3;
(c) Two or more procedures have been accumulated pursuant to Article 18.5.4 and the matter has not been resolved within 30 days to the meeting of the Commission in the most recent proceeding that has been accumulated, or
(d) The matter has not been resolved within any other period that the Parties have agreed.
0. Xx the request for the establishment of an arbitral tribunal, the complaining Party shall indicate the reasons for its request, including the identification of the measure or other matter in question and the indication of the legal bases for the claim.
3. A Party may not request the establishment of an arbitral tribunal to examine a proposed measure .
Establishment of an Arbitral Tribunal. 1. The complaining Party may request, by means of a written notification addressed to the other Party, the establishment of an arbitral tribunal if:
(a) the consultations fail to settle a dispute within:
(i) 30 days after the date of receipt of the request for consultations regarding urgent matters, including those concerning perishable goods; or
(ii) 60 days after the date of receipt of the request for consultations regarding all other matters; or
(b) Paragraph 5 of Article 4 applies.
2. The Parties may agree during the consultations to vary the periods set out in Paragraph 1(a).
3. The request to establish an arbitral tribunal shall identify:
(a) the specific measures at issue;
(b) the legal basis of the complaint sufficient to present the problem clearly including, where applicable:
(i) any provisions of this Agreement alleged to have been breached;
(ii) whether there is a claim for nullification and impairment; and
(iii) any other relevant provisions; and
(c) the factual basis for the complaint.
4. Unless otherwise agreed by the Parties, the arbitral tribunal shall be established and perform its functions in a manner consistent with this Chapter.
Establishment of an Arbitral Tribunal. 1. If after the expiration of the period of time set forth in Article 18.5.4 a mutually satisfactory solution has not been reached, the complaining Party may request in writing to the Party complained against the establishment of an arbitral tribunal.
2. In the request for the establishment of an arbitral tribunal the complaining Party shall state the reasons for its request, including identification of the measure or other matter at issue and an indication of the legal basis of the claim.
3. A Party may not request the establishment of an arbitral tribunal to examine a proposed measure.
