Common use of Establishment of Arbitration Panel Clause in Contracts

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. If the consultations referred to in Article 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 Director-General of the WTO is expected to designate a member within a further 30 days. In the event that the Director Director-General of the WTO is a national of any Party or unable to perform this task, the Deputy Director Director-General of the WTO who is not a national of any Party shall nationalofanyPartyshall be requested to perform such task. If the Deputy Director 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. 8. 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 judgment; (c) be independent and not be affiliated with or take instructions from any Party; and (d) comply with a code of conduct in conformity with the relevant rules established in the document WT/DSB/RC/1 of the WTO. 9. 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 procedure as prescribed for the appointment of the original panelist and the successor shall have all the powers and duties of the original panelist. The work of the arbitration panel shall be suspended during the appointment of the successor panelist. 10. Unless the Parties otherwise agree within 30 days from the date of receipt of the request for arbitration in accordance withparagraph1, its terms of reference 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 15.4 and to make findings of law and fact together with the reasons therefor, for the resolution of the dispute."