Common use of Establishment of Arbitration Panel Clause in Contracts

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 consultations referred to in Article 12.3 10.3 fail to settle a dispute within 60 days, or 30 days in relation to urgent matters, including those on perishable goods, from the date of 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 or other matter 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 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 12.4 10.4 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."” 54. 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. 65. A Party which is not a party Party to the dispute shall be entitled, on delivery of a written notice to the parties Parties to the disputedispute and the arbitration panel, to make written submissions to the arbitration panel, receive written submissions, including annexes, from the parties Parties to the dispute, attend hearings and make oral statements. When delivering such a written notice, that Party shall include an explanation of its particular interest in the dispute.

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 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 The complaining Party may request the establishment of an arbitration panel by means if: (a) the Party to which the request is made does not reply within ten days from the receipt of a written request to the request; (b) the Party complained againstagainst does not enter into consultations in accordance with the time periods specified in Article 13.4 (Consultations); or (c) the consultations fail to resolve a dispute within: (i) 30 days from the receipt of the request for consultations in cases of urgency, including perishable goods; (ii) 60 days from the receipt of the request for consultations regarding any other matter. 2. Any request for the establishment of an arbitration panel shall identify: (a) the specific measures at issue; and (b) the legal and factual basis for the complaint. 3. A copy of this the 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. 34. 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. 5. The date of establishment of the arbitration panel shall be the date on which the Chairperson is appointed. 46. Unless the parties to the dispute agree 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 13.5 (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 and the implementation of the ruling."” 57. 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 Whenever feasible, a single arbitration panel should be established to examine complaints relating to the same mattermatter where more than one Party requests the establishment of an arbitration panel or where the request involves more than one Party complained against. 68. 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 consultations referred to in Article 12.3 9.3 fail to settle a dispute within 60 days, or 30 days in relation to urgent matters, including those on perishable goods, from after the date of the receipt of the request for consultations by the Party complained against, the complaining Party it may request the establishment of be referred to an arbitration panel by means of a written request from the complaining Party 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 processdispute. 2. The request for the establishment of an arbitration panel shall identify the specific measure or other matter at issue and provide a brief summary of the legal and factual basis of the complaint. 3. The arbitration panel shall consist of comprise three members who shall be appointed nominated 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 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 12.4 9.4 and to make findings of law and fact together with the reasonsreasons therefor, 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 againstdefending Party, 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 consultations referred to in Article 12.3 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 Optional Rules for Arbitrating Disputes between Two States of the Permanent Court of Arbitration, as effective from 20 October 1992 Arbitration Rules 2012 (hereinafter referred to as the "Optional Rules"), PCA Rules 2012) 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 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 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 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. 7. Whenever possible, the arbitration panel referred to in Articles 11.8 (Implementation of the Final Panel Report) and 11.9 (Compensation and Suspension of Benefits) shall comprise the same arbitrators who issued the final report. If a member of the original arbitration panel is unavailable, the appointment of a replacement arbitrator shall be conducted in accordance with the selection procedure for the original arbitrator.

Establishment of Arbitration Panel. 1. If the consultations referred to in Article 12.3 9.3 (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 An arbitration panel shall consist be composed of three members who members. In the written request pursuant to paragraphs 1 and 2, the complaining Party shall be appointed in accordance with the Optional Rules for Arbitrating Disputes between Two States appoint one member of the Permanent Court arbitration panel. Within 30 days of Arbitrationthe receipt of the request, as effective from 20 October 1992 (hereinafter referred the Party complained against shall appoint another member of the arbitration panel. The two members shall agree on the appointment of the third member within 30 days of the appointment of the second member. The parties to the dispute shall, within seven days of the appointment of the third member, approve or disapprove the appointment of that member, who shall, if approved, act as the "Optional Rules"), mutatis mutandischairperson of the arbitration panel. The date of establishment of the arbitration panel shall be the date on which the Chairperson chairperson is appointedapproved. 4. If any of the members of the arbitration panel has not been appointed within the deadlines referred to in paragraph 3, a party to the dispute may request the Secretary- General of the Permanent Court of Arbitration (PCA) to appoint any missing members of the arbitration panel within 30 days, in accordance with the Arbitration Rules 2012 of the PCA (Arbitrational Rules), mutatis mutandis. 5. Any member of the arbitration panel may be challenged if circumstances give rise to justifiable doubts as to the member’s objectivity, reliability, sound judgment or independence. If a party to the dispute does not agree with the challenge or the challenged member of the arbitration panel does not withdraw, the party making the challenge may request the Secretary-General of the PCA to decide whether the challenged arbitrator shall be replaced. In such case, a new arbitrator shall be appointed pursuant to the procedure provided for in the Arbitrational Rules. 6. In the event that the Secretary-General of the PCA is a national of a party to the dispute, a party to the dispute may request the Deputy Secretary-General of the PCA or the officer next in seniority, who is not a national of a party to the dispute, to make the necessary appointments. 7. Any person appointed as a member of the arbitration panel shall have expertise or experience in law, international trade, other matters covered by this Agreement or the resolution of disputes arising under international trade agreements. Additionally, the chairperson shall not be a national of either Party or have his or her usual place of residence in the territory of, nor be employed by, a Party nor have dealt with the dispute at issue in any capacity. 8. 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 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 12.4 9.4 (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 and the implementation of the ruling."” 59. 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 shall be established to examine complaints relating to the same matter. 610. 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 consultations referred to in Article 12.3 10.3 fail to settle a dispute within 60 days, or 30 days in relation to urgent matters, including those on perishable goods, from the date of 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 or other matter 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 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 12.4 10.4 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." 54. 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. 65. A Party which is not a party Party to the dispute shall be entitled, on delivery of a written notice to the parties Parties to the disputedispute and the arbitration panel, to make written submissions to the arbitration panel, receive written submissions, including annexes, from the parties Parties to the dispute, attend hearings and make oral statements. When delivering such a written notice, that Party shall include an explanation of its particular interest in the dispute.

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 The complaining Party may request the establishment of an arbitration panel by means of a written request to the Party complained against if: (a) the Party to which the request is made does not reply within ten days from the date of receipt of the request in accordance with paragraph 2 of Article 11.3 (Consultations); (b) the Party to which the request is made does not enter into consultations within 30 days or within 20 days for urgent matters, from the date of receipt of the request for consultations in accordance with paragraph 3 of Article 11.3 (Consultations); or (c) the consultations referred to in Article 11.3 (Consultations) fail to settle a dispute within 60 days, or 45 days in relation to urgent matters, including those on perishable goods, from the date of receipt of the request for consultations by 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 arbitrators 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 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 12.4 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 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 may be established to examine complaints relating to the same matter, subject to the agreement of the parties to the disputes. 6. A Party which is not a party to the dispute shall be entitled, on delivery of a written notice 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 consultations referred to in Article 12.3 9.3 fail to settle a dispute within 60 days, or 30 days in relation to urgent matters, including those on perishable goods, from after the date of the receipt of the request for consultations by the Party complained against, the complaining Party it may request the establishment of be referred to an arbitration panel by means of a written request from the complaining Party 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 processdispute. 2. The request for the establishment of an arbitration panel shall identify the specific measure or other matter at issue and provide a brief summary of the legal and factual basis of the complaint. 3. The arbitration panel shall consist of comprise three members who shall be appointed nominated 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 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 12.4 9.4 and to make findings of law and fact together with the reasonsreasons therefor, 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 againstdefending Party, 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.