Common use of Establishment of Arbitral Panels Clause in Contracts

Establishment of Arbitral Panels. 1. The complaining Party that requested consultations under Article 14.3 may request in writing the establishment of an arbitral panel, if the Parties fail to resolve the matter within: (a) forty-five (45) days after the date of receipt of the request for consultation if there is no referral to the Commission under Article 14.5; (b) thirty (30) days of the Commission convening pursuant to Article 14.5, or fifteen (15) days in cases of urgency, including those which concern perishable goods; or (c) sixty (60) days after a Party has delivered a request for consultation under Article 14.3, or thirty (30) days in cases of urgency, including those which concern perishable goods, if the Commission has not convened after a referral under Article 14.5. 2. The establishment of an arbitral panel shall not be requested on any matter relating to a proposed measure, as referred to in Article 14.3.1. 3. Any request to establish an arbitral panel pursuant to this Article shall identify: (a) the specific measure at issue; (b) the legal basis of the complaint including any provision of this Agreement alleged to have been breached and any other relevant provisions; and (c) the factual basis for the complaint. 4. The arbitral panel shall be established and perform its functions in 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 is appointed.

Establishment of Arbitral Panels. 1. The complaining Party that requested consultations under Article 14.3 17.3 may request in writing the establishment of an arbitral panel, if the Parties fail to resolve the matter withinpanel if: (a) fortyThe responding Party does not enter into consultations within the time-five frames specified in Article 17.3.3 (45a) or (b), or a period otherwise mutually agreed by the Parties; or (b) The consultations fail to settle a dispute within 30 days after the date of receipt of the request for consultation if there is no referral to the Commission consultations under Article 14.5; (b) thirty (30) days of the Commission convening pursuant to Article 14.5, or fifteen (15) days in cases of urgency, including those which concern perishable goods; or (c) sixty (60) days after a Party has delivered a request for consultation under Article 14.3, or thirty (30) days 17.3.2 in cases of urgency, including those which concern perishable goods, if or 60 days after the Commission has not convened after a referral under Article 14.5date of such receipt regarding all other matters. 2. The establishment of an arbitral panel shall not be requested on any matter relating to a proposed measure, as referred to in Article 14.3.1. 3. Any request to establish an arbitral panel pursuant to this Article shall identify: (a) the The specific measure at issue; (b) the The legal basis of the complaint complaint, including any provision of this Agreement alleged to have been breached or whether there is a claim pursuant to Article 17.1 (c), and any other relevant provisions; and (c) the The factual basis for the complaint. 43. The arbitral panel shall be established and perform its functions in a manner consistent with the provisions of this Chapter. 5. 4. The date of the establishment of an arbitral panel shall be the date on which the chair is appointed.