Common use of Establishment of Arbitral Panels Clause in Contracts

Establishment of Arbitral Panels. 1. The complaining Party that requested consultations under Article 21.3 may request in writing the establishment of an arbitral panel, if the Parties fail to resolve the matter within: (a) 45 days after the date of receipt of the request for consultation if there is no referral to the Joint FTA Committee under Article 21.4; (b) 30 days of the Joint FTA Committee convening pursuant to Article 21.4, or 15 days in cases of urgency including those which concern perishable goods; or (c) 60 days after a Party has delivered a request for consultation under Article 21.3, or 30 days in cases of urgency including those which concern perishable goods, if the Joint FTA Committee has not convened after a referral under Article 21.4. 2. The establishment of an arbitral panel shall not be requested on any matter relating to a proposed measure. 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 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.