Establishment of Arbitration Panel Sample Clauses

Establishment of Arbitration Panel. 1. If the consultations referred to in Article 12.3 fail to settle a dispute within 60 days, or 30 days in relation to urgent matters, including those on perishable goods, from the receipt of the request for consultations by the Party complained against, the complaining Party may request the establishment of an arbitration panel by means of a written request to the Party complained against. A copy of this request shall be communicated to the other Parties so that they may determine whether to participate in the arbitration process. 2. The request for the establishment of an arbitration panel shall identify the specific measure at issue and provide a brief summary of the legal and factual basis of the complaint. 3. The arbitration panel shall consist of three members who shall be appointed in accordance with the Optional Rules for Arbitrating Disputes between Two States of the Permanent Court of Arbitration, as effective from 20 October 1992 (hereinafter referred to as the "Optional Rules"), mutatis mutandis. The date of establishment of the arbitration panel shall be the date on which the Chairperson is appointed. 4. Unless the parties to the dispute otherwise agree within 20 days from the receipt of the request for the establishment of the arbitration panel, the terms of reference for the arbitration panel shall be: "To examine, in light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 12.4 and to make findings of law and fact together with the reasons, as well as recommendations, if any, for the resolution of the dispute and the implementation of the ruling." 5. Where more than one Party requests the establishment of an arbitration panel relating to the same matter or where the request involves more than one Party complained against, and whenever feasible, a single arbitration panel should be established to examine complaints relating to the same matter. 6. A Party which is not a party to the dispute shall be entitled, on delivery of a written notice to the parties to the dispute, to make written submissions to the arbitration panel, receive written submissions, including annexes, from the parties to the dispute, attend hearings and make oral statements.

Establishment of Arbitration Panel. 1. If the matter has not been resolved within 60 days, or 30 days in relation to a matter of urgency, after the date of receipt of the request for consultations, it may be referred to arbitration by one or more of the Parties involved by means of a written request addressed to the Party or Parties complained against. A copy of this request shall also be communicated to all Parties so that each Party may determine whether to participate in the dispute. 2. Where more than one Party requests the establishment of an arbitration panel relating to the same matter, a single arbitration panel shall be established to examine these complaints whenever xxxxxxxx0. 3. A request for arbitration shall give the reason for the complaint including the identification of the measure at issue and an indication of the legal basis of the complaint.

Establishment of Arbitration Panel. 1. If the matter has not been resolved within the Joint Committee pursuant to Article 8.3, it may be referred to arbitration by one or more of the Parties involved by means of a written request addressed to the Party complained against. A copy of this request shall also be communicated to all other Parties so that each Party may determine whether to participate in the dispute. 2. Where more than one Party requests the establishment of an arbitration panel relating to the same matter or the request involves more than one defending Party a single arbitration panel shall be established to examine these requests whenever feasible. 3. The complaining Party shall state in its request the measure it considers to be in breach of this Agreement and provide a brief summary of the legal basis of the complaint. 4. A Party which is not a Party to the dispute shall be entitled, on delivery of a written notice to the disputing Parties, to make written submissions to the arbitration panel, receive written submissions, including annexes, of the disputing Parties, attend hearings and make oral statements.

Establishment of Arbitration Panel. 1. If the matter has not been resolved within 60 days, or 30 days in relation to a matter of urgency, after the date of receipt of the request for consultations, it may be referred to arbitration by one or more of the Parties involved by means of a written notification addressed to the Party or Parties complained against. A copy of this notification shall also be communicated to all Parties so that each Party may determine whether to participate in the dispute. 2. Where more than one Party requests the establishment of an arbitration panel relating to the same matter, a single arbitration panel should be established to examine these complaints whenever feasible. 3. A request for arbitration shall give the reason for the complaint including the identification of the measure at issue and an indication of the legal basis of the complaint. 4. A Party to this Agreement which is not a Party to the dispute, on delivery of a written notice to the disputing Parties, shall be entitled to make written submissions to the arbitration panel, receive written submissions of the disputing Parties, attend all hearings and make oral submissions.

Establishment of Arbitration Panel. 1. If the consultations referred to in Article 15.3 fail to resolve a matter within 60 days, or 30 days in relation to urgent matters, after the date of the receipt of the request for consultations by the Party complained against, it may be referred to an arbitration panel by means of a written request from the complaining Party to the other Party. 2. The request for arbitration shall identify the specific measure at issue and provide a brief summary of the legal basis of the complaint. 3. The arbitration panel shall comprise three members. 4. Within 15 days after receipt of the request for arbitration in accordance with paragraph 1, both Parties shall designate one member of the arbitration panel respectively. 5. The Parties shall designate by common agreement the third panelist within 30 days after the receipt of the request for arbitration in accordance with paragraph 1. The panelist thus designated shall chair the arbitration panel. 6. If any member of the arbitration panel has not been designated within 30 days after the receipt of the written request for arbitration in accordance with paragraph 1, at the request of any Party to the dispute, the Director General of the WTO is expected to designate a member within a further 30 days. In the event that the Director General of the WTO is a national of any Party or unable to perform this task, the Deputy Director General of the WTO who is not a national of any Party shall be requested to perform such task. If the Deputy Director General of the WTO is unable to perform this task as well, the President of the International Court of Justice (ICJ) shall be requested to perform this task. In the event that the President of the ICJ is a national of either Party, the Vice President of the ICJ who is not a national of a Party shall be requested to perform this task. 7. The Chair of the arbitration panel shall not be a national of any of the Parties, nor have his or her usual place of residence in the territory of any of the Parties, nor be employed by any of the Parties, nor have dealt with the matter in any capacity.

Establishment of Arbitration Panel. 1. A complaining Party may request in writing, to the Party complained against, for the establishment of an arbitration panel if: (a) consultations under Article 9.2 are not held within thirty (30) days from the date of receipt of the request for such consultations; (b) the disputing Parties fail to resolve the dispute through consultations under Article 9.2 within sixty (60) days after the date of commencement of the consultations, unless the disputing Parties agree to continue the consultations; or (c) a disputing Party fails to comply with the mutually agreed solution within the agreed timeframe. 2. Any request for the establishment of an arbitration panel shall indicate whether consultations under Article 9.2 were held, identify the specific measures at issue and provide a brief summary of 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.

Establishment of Arbitration Panel. If the matter has not been resolved within the Joint Committee pursuant to Article 8.3, it may be referred to arbitration by one or more of the Parties involved by means of a written request addressed to the Party complained against. A copy of this request shall also be communicated to all other Parties so that each Party may determine whether to participate in the dispute.

Establishment of Arbitration Panel. 1. If the consultations referred to in Article 11.3 (Consultations) fail to settle a dispute within 60 days, or 30 days in relation to urgent matters, including those on perishable goods, from the receipt of the request for consultations by the Party complained against, the complaining Party may request the establishment of an arbitration panel by means of a written request to the Party complained against. A copy of this request shall be communicated to the other Parties so that they may determine whether to participate in the arbitration process. 2. The request for the establishment of an arbitration panel shall identify the specific measure at issue and provide a brief summary of the legal and factual basis of the complaint. 3. The arbitration panel shall consist of three members who shall be appointed in accordance with the procedures of the Optional Rules for Arbitrating Disputes between Two States of the Permanent Court of Arbitration, as effective from 20 October 1992 (Optional Rules) mutatis mutandis. 4. Notwithstanding paragraph 3, if not all three members have been appointed, the necessary appointments shall be made at the request of any party to the dispute by the Director-General of the WTO, acting as appointing authority. If the Director- General of the WTO is unable to act or is a national of a party to the dispute, the Deputy Director- General of the WTO shall act as the appointing authority. If the Director-General of the WTO or the Deputy Director-General of the WTO refuses to act or fails to appoint the arbitrator within 60 days of the receipt of a request by a party to the dispute, either party to the dispute may request the President of the International Court of Justice (ICJ) to make the appointments. 5. The arbitrators shall be independent, impartial and have specialised knowledge or experience in law, international trade or in the settlement of disputes under international trade agreements. 6. Unless the parties to the dispute otherwise agree within 30 days from the receipt of the request for the establishment of the arbitration panel, the terms of reference for the arbitration panel shall be: "To examine, in light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 11.4 (Establishment of Arbitration Panel) and to make findings of law and fact together with the reasons, as well as recommendations, if any, for the resolution of the dispute...

Establishment of Arbitration Panel. 1. Disputes between the Parties relating to the interpretation of rights and obligations under this Agreement, which have not been settled through direct consultations or in the Joint Committee within 60 days , or 30 days in relation to urgent matters, from the date of the receipt of the request for consultations, may be referred to arbitration by the complaining Party by means of a written notification addressed to the Party complained against. 2. The request for arbitration shall identify the specific measure at issue and provide a brief summary of the legal basis of the complaint. 3. The arbitration panel shall comprise three members. Within 25 days of the receipt of the notification referred to in paragraph 1, each party shall appoint one member. The two members already appointed shall agree on the appointment of the third member within 30 days of the appointment of the second member. The third member shall not be a national of the Parties, nor permanently reside in the territory of any of the Parties. The member thus appointed shall be the Chair of the arbitration panel. 4. If any member of the arbitration panel has not been designated within 55 days after the receipt of the written request for arbitration in accordance with paragraph 1, at the request of any Party to the dispute, the Director General of the WTO is expected to designate a member within a further 30 days. In the event that the Director General of the WTO is a national of any Party or unable to perform this task, the Deputy Director General of the WTO who is not a national of any Party shall be requested to perform such task. If the Deputy Director General of the WTO is unable to perform this task as well, the President of the Permanent Court of Arbitration (PCA) shall be requested to perform this task. All panelists shall: (a) have expertise or experience in law, international trade or the resolution of disputes arising under international trade agreements and, if possible, have expertise in the matter covered by the dispute; (b) be chosen strictly on the basis of objectivity, reliability, and sound judgement; (c) be independent of and not be affiliated with or take instructions from any Party; (d) comply with a code of conduct in conformity with the relevant rules established in the document WT/DSB/RC/1 of the WTO. 5. If a panelist appointed under this Article resigns or becomes unable to act, a successor panelist shall be appointed within 15 days in accordance with the selection proc...

Establishment of Arbitration Panel. 1. If the consultations referred to in Article 47 fail to settle a dispute within 60 days, or 30 days in relation to urgent matters, including those on perishable goods, after the date of the receipt of the request for consultations by the Party complained against, it may be referred to an arbitration panel by means of a written request from the complaining Party to the Party complained against. 2. The request for arbitration shall identify the specific measure or other matter at issue and provide a brief summary of the legal basis of the complaint. 3. The arbitration panel shall comprise three members who shall be nominated in accordance with the “Optional Rules for Arbitrating Disputes between Two States of the Permanent Court of Arbitration”, effective 20 October 1992 (hereinafter referred to as “the Optional Rules”). The date of establishment of the arbitration panel shall be the date on which the Chairperson is appointed. 4. Unless the parties to the dispute otherwise agree within 20 days from the date of receipt of the request for the establishment of the arbitration panel, the terms of reference for the arbitration panel shall be: “To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 48 and to make findings of law and fact together with the reasons therefore, as well as recommendations, if any, for the resolution of the dispute and the implementation of the ruling.”