Common use of Establishment of an Arbitral Tribunal Clause in Contracts

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 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 An arbitral 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 If a 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 A person 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 180417.4. 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 7 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 within the third member has periods specified in Paragraphs 1 and 2 of this Article the necessary appointments have not been designated within 30 days after made, either Party may, in the date absence of any other agreement, invite the President of the appointment International Court of Justice to make the necessary appointments. If the President is a national of either Party or is otherwise prevented from discharging the said function, the Vice-President shall be invited to make the necessary appointments. If the Vice-President is a national of either Party or is prevented from discharging the said function, the Member of the second memberInternational Court of Justice next in seniority, or if one or both who is not a national of either Party, shall be invited to make 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 tribunalnecessary appointments. 4. Anarbitral An arbitral 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 If a 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 judgment and independence; and (c) shall be independent of, and not be affiliated with or take instructions from, either Party. 7. Aperson A person 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.