ESTABLISHMENT OF PANEL. 1. The requesting Party may deliver a written request to establish a dispute settlement panel to the other Party, provided that a matter has not been resolved in any of the following cases: (a) within 30 days following the receipt of the request to refer the matter to the Joint Commission or any other period agreed by the Parties, or when the meeting has not been held pursuant to the provisions established in Article 20.5.3; (b) when the Parties have not settled the dispute during consultations within the 45 day period established in Article 20.4 or 20 days where the matter concerns cases of urgency, including those concerning perishable goods, or goods or services that rapidly lose their trade value such as certain seasonal goods or services, or within any other period that the Parties may agree during consultations; or (c) when the requesting Party that referred the matter to the Joint Commission considers, once the period indicated by the Joint Commission has expired, that the measures aimed at complying with the agreement reached pursuant to Article 20.5, were not adopted. 2. The complaining Party shall set out the reasons for the request, including identification of the measure or other matter at issue and a brief summary of the legal basis for the complaint sufficient to present the problem clearly. 3. A panel shall be established upon the date of receipt of the request referred to in paragraph 1. 4. Unless the Parties otherwise agree, the Parties shall apply the following procedures in selecting a panel: (a) the panel shall be composed of three members; (b) each Party shall appoint one panelist within 30 days after the date of receipt of the request for panel establishment. If a Party fails to appoint a panelist within that period, the panelist shall be appointed by the other Party, unless the Parties otherwise decide; and (c) the Parties shall endeavor to agree on a third panelist who shall serve as chair within 30 days after the date the second panelist has been appointed. If the Parties are unable to agree on the chair of the panel within this period, they shall within the next 10 days exchange their respective list comprising four nominees who shall not be nationals of either Party. The chair shall then be appointed by lot from the lists within 10 days of exchange of lists. If a Party fails to submit its list of four nominees, the chair shall be appointed by lot from the list already submitted by the other Party. 5. If a panelist appointed under this Article becomes unable to serve on the panel, a successor shall be appointed in the same manner as prescribed for the appointment of the original panelist and the successor shall have all the powers and duties of the original panelist. In such a case, any time period applicable to the panel proceedings shall be suspended for a period beginning on the date when the original panelist becomes unable to serve and ending on the date when the new panelist is appointed. 6. Panelists shall: (a) be chosen strictly on the basis of objectivity, reliability, and sound judgment; (b) have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements; (c) be independent of, and not be affiliated with or take instructions from, either Party; and (d) comply with the code of conduct established in Annex 20-A. 7. If a Party believes that a panelist has violated or is in violation of the code of conduct, the Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.
Appears in 3 contracts
Samples: Dispute Settlement Agreement, Dispute Settlement Agreement, Dispute Settlement Agreement
ESTABLISHMENT OF PANEL. 1. The requesting If the Joint Committee has not resolved a matter within 60 days after delivery of the notification described in Article 20.6, 30 days where the matter concerns perishable goods, or such other period as the Parties may agree, the complaining Party may deliver a written request refer the matter to establish a dispute settlement panel by delivering written notification to the other Party, provided that .
2. Neither Party may refer a matter has not been resolved in any of concerning a proposed measure to a dispute settlement panel.
3. Unless the following casesParties agree otherwise:
(a) within 30 days following the receipt of the request to refer the matter to the Joint Commission or any other period agreed by the Parties, or when the meeting has not been held pursuant to the provisions established in Article 20.5.3;The panel shall have three members.
(b) when the Parties have not settled the dispute during consultations within the 45 day period established in Article 20.4 or 20 days where the matter concerns cases of urgency, including those concerning perishable goods, or goods or services that rapidly lose their trade value such as certain seasonal goods or services, or within any other period that the Parties may agree during consultations; or
(c) when the requesting Party that referred the matter to the Joint Commission considers, once the period indicated by the Joint Commission has expired, that the measures aimed at complying with the agreement reached pursuant to Article 20.5, were not adopted.
2. The complaining Party shall set out the reasons for the request, including identification of the measure or other matter at issue and a brief summary of the legal basis for the complaint sufficient to present the problem clearly.
3. A panel shall be established upon the date of receipt of the request referred to in paragraph 1.
4. Unless the Parties otherwise agree, the Parties shall apply the following procedures in selecting a panel:
(a) the panel shall be composed of three members;
(b) each Each Party shall appoint one panelist panelist, in consultation with the other Party, within 30 days after the date of receipt of the request for panel establishment. If matter has been referred to a Party fails to appoint a panelist within that period, the panelist shall be appointed by the other Party, unless the Parties otherwise decide; andpanel.
(c) the The Parties shall endeavor to agree on a third panelist who shall serve as chair within 30 days after the date the second panelist has been appointed. If the Parties are unable to agree on the chair of the panel within this period, they shall within the next 10 days exchange their respective list comprising four nominees who shall not be nationals of either Party. The chair shall then be appointed Party chosen by lot from the lists shall select within 10 five days as chair an individual who is not a national of exchange of lists. If a Party fails to submit its list of four nominees, the chair shall be appointed by lot from the list already submitted by the other that Party.
5. If a panelist appointed under this Article becomes unable to serve on (d) The date of establishment of the panel, a successor panel shall be appointed in the same manner as prescribed for the appointment of the original panelist and the successor shall have all the powers and duties of the original panelist. In such a case, any time period applicable to the panel proceedings shall be suspended for a period beginning on the date when on which the original panelist becomes unable to serve and ending on the date when the new panelist chair is appointed.
64. Panelists The panelists chosen pursuant to paragraph 3 shall:
(a) be chosen strictly on the basis of objectivity, reliability, and sound judgment;
(b) judgment and have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(cb) be independent of, and not be affiliated with or take instructions from, either Party; and
(dc) comply with the a code of conduct to be established by the Joint Committee. In addition, in Annex 20-A.
7. If disputes related to a Party believes that a panelist has violated or is in violation Party’s implementation of the code of conductChapter Sixteen (Labor), Chapter Seventeen (Environment), and such other chapters as the Parties shall consult and if they may agree, panelists shall have expertise or experience relevant to the panelist subject matter that is under dispute.
5. Panel hearings shall be removed and held at a new panelist shall be selected location determined in accordance with this Articlethe model rules of procedure.
Appears in 2 contracts
Samples: Dispute Settlement Agreement, Dispute Settlement Agreement
ESTABLISHMENT OF PANEL. 1. The requesting If the Joint Committee has not resolved a matter within 60 days after delivery of the notification described in Article 20.6, within 30 days where the matter concerns perishable goods, or within such other period as the Parties may agree, the complaining Party may deliver a written request refer the matter to establish a dispute settlement panel by delivering written notification to the other Party, provided that .
2. Neither Party may refer a matter has not been resolved in concerning any of proposed measure to a dispute settlement panel.
3. Unless the following casesParties agree otherwise:
(a) within 30 days following the receipt of the request to refer the matter to the Joint Commission or any other period agreed by the Parties, or when the meeting has not been held pursuant to the provisions established in Article 20.5.3;The panel shall have three members.
(b) when the Parties have not settled the dispute during consultations within the 45 day period established in Article 20.4 or 20 days where the matter concerns cases of urgency, including those concerning perishable goods, or goods or services that rapidly lose their trade value such as certain seasonal goods or services, or within any other period that the Parties may agree during consultations; or
(c) when the requesting Party that referred the matter to the Joint Commission considers, once the period indicated by the Joint Commission has expired, that the measures aimed at complying with the agreement reached pursuant to Article 20.5, were not adopted.
2. The complaining Party shall set out the reasons for the request, including identification of the measure or other matter at issue and a brief summary of the legal basis for the complaint sufficient to present the problem clearly.
3. A panel shall be established upon the date of receipt of the request referred to in paragraph 1.
4. Unless the Parties otherwise agree, the Parties shall apply the following procedures in selecting a panel:
(a) the panel shall be composed of three members;
(b) each Each Party shall appoint one panelist panelist, in consultation with the other Party, within 30 days after the date of receipt of the request for panel establishmentmatter has been referred to a panel. If a Party fails to appoint a panelist within that such period, the a panelist shall be selected by lot from the reserve list established under paragraph 4 to serve as the panelist appointed by the other that Party, unless the Parties otherwise decide; and.
(c) the The Parties shall endeavor to agree on a third panelist who shall serve as chair within 30 days after the date the second panelist has been appointed. chair.
(d) If the Parties are unable to agree on the chair of within 30 days after the panel within this period, they shall within the next 10 days exchange their respective list comprising four nominees who shall not be nationals of either Party. The chair shall then be appointed by lot from the lists within 10 days of exchange of lists. If a Party fails to submit its list of four nomineessecond panelist has been appointed, the chair shall be appointed selected by lot from the reserve list already submitted established under paragraph 4.
(e) The date of establishment of the panel shall be the date on which the chair is appointed.
4. By the date of entry into force of this Agreement, the Parties shall establish a reserve list of eight individuals who are willing and able to serve as panelists. Individuals on the reserve list shall be appointed by agreement of the other PartyParties for a minimum term of three years, and shall remain on the list until the Parties establish a new reserve list.
5. If Individuals appointed to a panelist appointed under this Article becomes unable panel pursuant to serve on the panel, a successor shall be appointed in the same manner as prescribed for the appointment of the original panelist and the successor shall have all the powers and duties of the original panelist. In such a case, any time period applicable paragraph 3 or to the panel proceedings shall be suspended for a period beginning on the date when the original panelist becomes unable reserve list pursuant to serve and ending on the date when the new panelist is appointed.
6. Panelists paragraph 4 shall:
(a) be chosen strictly on the basis of objectivity, reliability, and sound judgment;
(b) judgment and have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(cb) be independent of, and not be affiliated with or take instructions from, either Party; and
(dc) comply with the a code of conduct to be established in Annex 20-A.by the Parties. In addition, panelists other than those chosen by lot from the reserve list shall have, as appropriate, expertise or experience relevant to the subject matter that is under dispute.
76. If a Party believes that a panelist has violated The Joint Committee shall review the operation and effectiveness of this Article not later than five years after the Agreement enters into force, or is in violation of the code of conduct, at such later time as the Parties shall consult and if they may agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.
Appears in 2 contracts
Samples: Dispute Settlement Agreement, Dispute Settlement Agreement
ESTABLISHMENT OF PANEL. 1. The requesting Party may deliver A panel requested pursuant to Article 7.8 (Request for Establishment of a written request to establish a dispute settlement panel Panel) shall be established in accordance with this Article.
2. Unless the Parties to the other Partydispute otherwise agree, provided that a matter has not been resolved the panel shall consist of three panellists. All appointments and nominations of panellists under this Article shall conform fully with the requirements in any Article 7.10 (Panellists: Qualifications and Competence).
3. Within 15 days of the following cases:date of the receipt of a request under Article 7.8, the Parties to the dispute shall enter into consultations with a view to reaching agreement on the procedures for composing the panel, taking into account the factual, technical and legal circumstances of the dispute. Any such procedures agreed upon shall also be used for the purposes of paragraph 5 of Article 7.10 (Panellists: Qualifications and Competence).
(a) 4. If the Parties to the dispute are unable to reach agreement on the procedures for composing the panel within 30 days following of the date of the receipt of the request to refer the matter under Article 7.8 (Request for Establishment of a Panel) for Establishment of Panels, either Party to the Joint Commission or dispute may at any time thereafter notify the other period agreed by the Parties, or when the meeting has not been held pursuant Party to the provisions established dispute that it wishes to use the procedures set forth in Article 20.5.3;
(b) when the Parties have not settled the dispute during consultations within the 45 day period established in Article 20.4 or 20 days paragraphs 5 to 7 of this Article, and where the matter concerns cases of urgencysuch a notification is made, including those concerning perishable goods, or goods or services that rapidly lose their trade value such as certain seasonal goods or services, or within any other period that the Parties may agree during consultations; or
(c) when the requesting Party that referred the matter to the Joint Commission considers, once the period indicated by the Joint Commission has expired, that the measures aimed at complying with the agreement reached pursuant to Article 20.5, were not adopted.
2. The complaining Party shall set out the reasons for the request, including identification of the measure or other matter at issue and a brief summary of the legal basis for the complaint sufficient to present the problem clearly.
3. A panel shall be established upon the date of receipt of the request referred to in paragraph 1.
4. Unless the Parties otherwise agree, the Parties shall apply the following procedures in selecting a panel:
(a) the panel shall be composed of three members;accordingly.
(b) each 5. The Complaining Party shall appoint one panelist panellist within 30 15 days after of the date of the receipt of the request for panel establishmentnotification referred to in paragraph 4 of this Article. If a The Responding Party fails shall appoint one panellist within 20 days of the date of the receipt of the notification referred to appoint a panelist within that periodin paragraph 4 of this Article. Parties shall notify the appointment of their respective panellist to each other on the date of such appointment.
6. Following the appointment of the panellists in accordance with paragraph 5 of this Article, the panelist Parties to the dispute shall be appointed by the other Party, unless the Parties otherwise decide; and
(c) the Parties shall endeavor to mutually agree on a the appointment of the third panelist panellist who shall serve as the chair within 30 days after of the date panel. To assist in reaching this agreement, each Party to the second panelist has been appointeddispute may provide to the other Party a list of up to three nominees for appointment as the chair of the panel. If the Parties are unable to agree the dispute have not agreed on the chair of the panel within this period, they shall within the next 10 days exchange their respective list comprising four nominees who shall not be nationals of either Party. The chair shall then be appointed by lot from the lists within 10 15 days of exchange of lists. If a Party fails to submit its list of four nominees, the chair shall be appointed by lot from the list already submitted by the other Party.
5. If a panelist appointed under this Article becomes unable to serve on the panel, a successor shall be appointed in the same manner as prescribed for the appointment of the original panelist and second panellist, the successor two appointed panellists shall have all designate by mutual agreement the powers and duties of third panellist who shall chair the original panelist. In such a case, any time period applicable to the panel proceedings shall be suspended for a period beginning on the date when the original panelist becomes unable to serve and ending on the date when the new panelist is appointedpanel.
6. Panelists shall:
(a) be chosen strictly on the basis of objectivity, reliability, and sound judgment;
(b) have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(c) be independent of, and not be affiliated with or take instructions from, either Party; and
(d) comply with the code of conduct established in Annex 20-A.
7. If a Party believes that a panelist has violated or is in violation all three panellists have not been appointed within 70 days of the code receipt of conducta request referred to in Article 7.8 (Request for Establishment of Panel), any Party to the Parties dispute may request the Director-General of the WTO to make the remaining appointments within a further period of 15 days. Any lists of nominees which were provided under paragraph 6 shall consult also be provided to the Director-General of the WTO and if they agree, may be used in making the panelist required appointments.
8. The date of establishment of the panel shall be removed and a new panelist shall be selected in accordance with this Articlethe date on which the last panellist is appointed.
Appears in 2 contracts
Samples: Comprehensive Economic Cooperation and Partnership Agreement, Comprehensive Economic Cooperation and Partnership Agreement
ESTABLISHMENT OF PANEL. 1. The requesting Party may deliver a written request to establish a dispute settlement panel to If the other Party, provided that a matter has not been resolved in any within 60 days of the following cases:
(a) within 30 days following the receipt delivery of the request to refer the matter to the Joint Commission or any other period agreed by the Parties, or when the meeting has not been held pursuant to the provisions established a notification described in Article 20.5.3;
(b) when the Parties have not settled the dispute during consultations within the 45 day period established in Article 20.4 or 20 days where the matter concerns cases of urgency, including those concerning perishable goods, or goods or services that rapidly lose their trade value such as certain seasonal goods or services20.7, or within any such other period that as the Parties may agree during consultations; or
(c) when agree, the requesting complaining Party that referred may request the establishment of a panel to consider the matter by delivering written notification to the Joint Commission considers, once the period indicated by the Joint Commission has expired, that the measures aimed at complying with the agreement reached pursuant to Article 20.5, were not adopted.
2other Party. The complaining Party shall set out the reasons for the request, including identification of the specific measure or other matter at issue and a brief summary of the factual and legal basis for the complaint sufficient to present the problem clearly.
32. A panel shall be established upon Within five days of the date of receipt delivery of the request referred to written notification requesting the establishment of a panel as provided in paragraph 1.
4. Unless the Parties otherwise agree, the Parties shall apply enter into consultations with a view to reaching agreement on the following procedures in for selecting a panel:. If the Parties are unable to reach agreement on the procedures for selecting the panel within 15 days of the date of delivery of the written notification referring a matter to a panel as provided in paragraph 1, either Party may at any time thereafter notify the other Party that it wishes to use the procedures set forth in subparagraphs (a) and (b). Where such a notification is made, the panel shall be composed in accordance with subparagraphs (a) and (b):
(a) the panel shall be composed have three panellists. Within 30 days of three members;
(b) the date of delivery of the written notification requesting the establishment of a panel as provided in paragraph 1, each Party shall appoint one panelist within 30 days after panellist, who may be its national, and provide to the date other Party a list of receipt up to three nominees for appointment as the third panellist who shall be the chair of the request for panel establishmentpanel. If a Party fails to appoint a panelist within that periodThe Parties shall then consult with each other with the objective of appointing the third panellist, taking into account the panelist shall be appointed by the other Party, unless the Parties otherwise decidelists of nominees; and
(cb) if all of the Parties shall endeavor to agree on a third panelist who shall serve as chair panellists have not been appointed within 30 45 days after of the date the second panelist has been appointed. If the Parties are unable to agree on the chair of delivery of the written notification requesting the establishment of a panel within this periodas provided in paragraph 1, they any of the remaining panellists shall within the next 10 days exchange their respective list comprising four nominees who shall not be nationals appointed on request of either Party. The chair shall then be appointed Party by lot random drawing from the lists within 10 days of exchange of listsnominees for appointment as chair or as a regular panellist.
3. If a Party fails to submit its list of four nominees, the chair shall be appointed by lot from the list already submitted by the other Party.
5. If a panelist panellist appointed under this Article resigns or becomes unable to serve on the panelact, a successor panellist shall be appointed in the same manner as prescribed for the appointment of the original panelist panellist and the successor shall have all the powers and duties of the original panelistpanellist. In such a case, any time period applicable to The work of the panel proceedings shall be suspended for a period beginning on during the appointment of the successor panellist.
4. The date of establishment of the panel shall be the date when the original panelist becomes unable to serve and ending on the date when the new panelist last panellist is appointedappointed in accordance with paragraph 2.
65. Panelists Individuals appointed to a panel in accordance with this Article shall:
(a) be chosen strictly on the basis of objectivity, reliability, and sound judgment;
(b) have expertise or experience in law, international trade, other matters covered by this Agreement, Agreement or the resolution of disputes arising under international trade agreements;
(c) be independent of, and not be affiliated with or take instructions from, either Party;
(d) not have dealt with the matter in any capacity;
(e) disclose to the Parties information which may give rise to justifiable doubts as to their independence or impartiality; and
(df) comply with the code of conduct established set out in Annex 20-A.
76. If a Party believes that a panelist has violated or is in violation of the code of conduct, Unless the Parties shall consult and if they otherwise agree, the panelist chair shall not be removed and a new panelist national of either Party.
7. Where a panel is reconvened under Article 20.13.4, 20.14.5, 20.14.6 or 20.15.1 the reconvened panel shall, where possible, have the same panellists as in the original panel. If the panel cannot be reconvened with all of its original panellists, the procedures for selection of the panellists set out in paragraphs 2 through 6 shall be selected in accordance with this Articleapply.
Appears in 2 contracts
Samples: Dispute Settlement Agreement, Dispute Settlement Agreement
ESTABLISHMENT OF PANEL. 1. The requesting Party may deliver a written request to establish a dispute settlement panel to If the other Party, provided that Joint Committee has not resolved a matter has not been resolved in any within 60 days after delivery of the following cases:
(a) notification described in Article 20.6, within 30 days following the receipt of the request to refer the matter to the Joint Commission or any other period agreed by the Parties, or when the meeting has not been held pursuant to the provisions established in Article 20.5.3;
(b) when the Parties have not settled the dispute during consultations within the 45 day period established in Article 20.4 or 20 days where the matter concerns cases of urgency, including those concerning perishable goods, or goods or services that rapidly lose their trade value within such as certain seasonal goods or services, or within any other period that as the Parties may agree during consultations; or
(c) when agree, the requesting complaining Party that referred may refer the matter to a dispute settlement panel by delivering written notification to the Joint Commission considers, once the period indicated by the Joint Commission has expired, that the measures aimed at complying with the agreement reached pursuant to Article 20.5, were not adoptedother Party.
2. The complaining A Party shall set out the reasons for the request, including identification of the cannot refer a matter concerning any proposed measure or other matter at issue and to a brief summary of the legal basis for the complaint sufficient to present the problem clearlydispute settlement panel.
3. A panel shall be established upon the date of receipt of the request referred to in paragraph 1.
4. Unless the Parties otherwise agree, the Parties shall apply the following procedures in selecting a panel:
(a) the The panel shall be composed of have three members;.
(b) each Each Party shall appoint one panelist panelist, in consultation with the other Party, within 30 days after the date of receipt of the request for panel establishmentmatter has been referred to a panel. If a Party fails to appoint a panelist within that such period, the a panelist shall be selected by lot from the reserve list established under paragraph 4 to serve as the panelist appointed by the other that Party, unless the Parties otherwise decide; and.
(c) the The Parties shall endeavor to agree on a third panelist who shall serve as chair within 30 days after the date the second panelist has been appointed. chair.
(d) If the Parties are unable to agree on the chair of within 30 days after the panel within this period, they shall within date on which the next 10 days exchange their respective list comprising four nominees who shall not be nationals of either Party. The chair shall then be appointed by lot from the lists within 10 days of exchange of lists. If a Party fails to submit its list of four nomineessecond panelist has been appointed, the chair shall be appointed selected by lot from the reserve list already submitted established under paragraph 4.
(e) The date of establishment of the panel shall be the date on which the chair is appointed.
4. By the date of entry into force of this Agreement, the Parties shall establish a reserve list of eight individuals who are willing and able to serve as panelists. Individuals on the reserve list shall be appointed by agreement of the other PartyParties for a minimum term of three years, and shall remain on the list until the Parties constitute a new reserve list.
5. If a panelist appointed under this Article becomes unable The panelists chosen pursuant to serve paragraph 3 and the individuals on the panel, a successor shall be appointed in the same manner as prescribed for the appointment of the original panelist and the successor shall have all the powers and duties of the original panelist. In such a case, any time period applicable reserve list established pursuant to the panel proceedings shall be suspended for a period beginning on the date when the original panelist becomes unable to serve and ending on the date when the new panelist is appointed.
6. Panelists paragraph 4 shall:
(a) be chosen strictly on the basis of objectivity, reliability, and sound judgment;
(b) judgment and have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(cb) be independent of, and not be affiliated with or take instructions from, either Party; and
(dc) comply with the a code of conduct to be established in Annex 20-A.by the Joint Committee. In addition, panelists other than those chosen by lot from the reserve list shall have, as appropriate, expertise or experience relevant to the subject matter that is under dispute.
76. If a Party believes The Joint Committee may review the operation and effectiveness of this Article not later than five years after the Agreement enters into force, or at such later time that a panelist has violated or is in violation of the code of conduct, the Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.
Appears in 1 contract
Samples: Dispute Settlement Agreement
ESTABLISHMENT OF PANEL. 1. The requesting Party may deliver a written request to establish a dispute settlement panel to If the other Party, provided that Joint Committee has not resolved a matter has not been resolved in any within 60 days after delivery of the following cases:
(a) within 30 days following the receipt of the request to refer the matter to the Joint Commission or any other period agreed by the Parties, or when the meeting has not been held pursuant to the provisions established notification described in Article 20.5.3;
(b) when the Parties have not settled the dispute during consultations within the 45 day period established in Article 20.4 or 20 19.6, 30 days where the matter concerns cases of urgency, including those concerning perishable goods, or goods or services that rapidly lose their trade value such as certain seasonal goods or services, or within any other period that as the Parties may agree during consultations; or
(c) when agree, the requesting complaining Party that referred may refer the matter to a dispute settlement panel by delivering written notification to the Joint Commission considers, once the period indicated by the Joint Commission has expired, that the measures aimed at complying with the agreement reached pursuant to Article 20.5, were not adoptedother Party.
2. The complaining A Party shall set out the reasons for the request, including identification of the may not refer a matter concerning a proposed measure or other matter at issue and to a brief summary of the legal basis for the complaint sufficient to present the problem clearlydispute settlement panel.
3. A panel shall be established upon the date of receipt of the request referred to in paragraph 1.
4. Unless the Parties otherwise agree, the Parties shall apply the following procedures in selecting a panel:
(a) the The panel shall be composed of have three members;.
(b) each Each Party shall appoint one panelist panelist, in consultation with the other Party, within 30 days after the date of receipt of the request for panel establishment. If matter has been referred to a Party fails to appoint a panelist within that period, the panelist shall be appointed by the other Party, unless the Parties otherwise decide; andpanel.
(c) the The Parties shall endeavor to agree on a third panelist who shall serve as chair within 30 days after the date the second panelist has been appointed. If the Parties are unable to agree on the chair of the panel within this period, they shall within the next 10 days exchange their respective list comprising four nominees who shall not be nationals of either Party. The chair shall then be appointed Party chosen by lot from the lists shall select within 10 five days as chair an individual who is not a national of exchange of lists. If a Party fails to submit its list of four nominees, the chair shall be appointed by lot from the list already submitted by the other that Party.
5. If a panelist appointed under this Article becomes unable to serve on (d) The date of establishment of the panel, a successor panel shall be appointed in the same manner as prescribed for the appointment of the original panelist and the successor shall have all the powers and duties of the original panelist. In such a case, any time period applicable to the panel proceedings shall be suspended for a period beginning on the date when on which the original panelist becomes unable to serve and ending on the date when the new panelist chair is appointed.
64. Panelists The panelists chosen pursuant to paragraph 3 shall:
(a) be chosen strictly on the basis of objectivity, reliability, and sound judgment;
(b) judgment and have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(cb) be independent of, and not be affiliated with or take instructions from, either Party; and
(dc) comply with the a code of conduct to be established by the Joint Committee. In addition, in Annex 20-A.
7. If disputes related to a Party believes that a panelist has violated or is in violation Party’s implementation of the code of conductChapter Fifteen (Labor), Chapter Sixteen (Environment), and such other chapters as the Parties shall consult and if they may agree, panelists shall have expertise or experience relevant to the panelist subject matter that is under dispute.
5. Panel hearings shall be removed and held at a new panelist shall be selected location determined in accordance with this Articlethe model rules of procedure.
Appears in 1 contract
Samples: Dispute Settlement Agreement
ESTABLISHMENT OF PANEL. 1. The requesting Party may deliver a written request to establish a dispute settlement panel to If the other Party, provided that a matter has not been resolved in any within 60 days of the following cases:
(a) within 30 days following the receipt delivery of the request to refer the matter to the Joint Commission or any other period agreed by the Parties, or when the meeting has not been held pursuant to the provisions established a notification described in Article 20.5.3;
(b) when the Parties have not settled the dispute during consultations within the 45 day period established in Article 20.4 or 20 days where the matter concerns cases of urgency, including those concerning perishable goods, or goods or services that rapidly lose their trade value such as certain seasonal goods or services20.7, or within any such other period that as the Parties may agree during consultations; or
(c) when agree, the requesting complaining Party that referred may request the establishment of a panel to consider the matter by delivering written notification to the Joint Commission considers, once the period indicated by the Joint Commission has expired, that the measures aimed at complying with the agreement reached pursuant to Article 20.5, were not adopted.
2other Party. The complaining Party shall set out the reasons for the request, including identification of the specific measure or other matter at issue and a brief summary of the factual and legal basis for the complaint sufficient to present the problem clearly.
32. A panel shall be established upon Within five days of the date of receipt delivery of the request referred to written notification requesting the establishment of a panel as provided in paragraph 1.
4. Unless the Parties otherwise agree, the Parties shall apply enter into consultations with a view to reaching agreement on the following procedures in for selecting a panel:. If the Parties are unable to reach agreement on the procedures for selecting the panel within 15 days of the date of delivery of the written notification referring a matter to a panel as provided in paragraph 1, either Party may at any time thereafter notify the other Party that it wishes to use the procedures set forth in subparagraphs (a) and (b). Where such a notification is made, the panel shall be composed in accordance with subparagraphs (a) and (b):
(a) the panel shall be composed have three panellists. Within 30 days of three members;
(b) the date of delivery of the written notification requesting the establishment of a panel as provided in paragraph 1, each Party shall appoint one panelist within 30 days after panellist, who may be its national, and provide to the date other Party a list of receipt up to three nominees for appointment as the third panellist who shall be the chair of the request for panel establishmentpanel. If a Party fails to appoint a panelist within that periodThe Parties shall then consult with each other with the objective of appointing the third panellist, taking into account the panelist shall be appointed by the other Party, unless the Parties otherwise decidelists of nominees; and
(cb) if all of the Parties shall endeavor to agree on a third panelist who shall serve as chair panellists have not been appointed within 30 45 days after of the date the second panelist has been appointed. If the Parties are unable to agree on the chair of delivery of the written notification requesting the establishment of a panel within this periodas provided in paragraph 1, they any of the remaining panellists shall within the next 10 days exchange their respective list comprising four nominees who shall not be nationals appointed on request of either Party. The chair shall then be appointed Party by lot random drawing from the lists within 10 days of exchange of listsnominees for appointment as chair or as a regular panellist.
3. If a Party fails to submit its list of four nominees, the chair shall be appointed by lot from the list already submitted by the other Party.
5. If a panelist panellist appointed under this Article resigns or becomes unable to serve on the panelact, a successor panellist shall be appointed in the same manner as prescribed for the appointment of the original panelist panellist and the successor shall have all the powers and duties of the original panelistpanellist. In such a case, any time period applicable to The work of the panel proceedings shall be suspended for a period beginning on during the appointment of the successor panellist.
4. The date of establishment of the panel shall be the date when the original panelist becomes unable to serve and ending on the date when the new panelist last panellist is appointedappointed in accordance with paragraph 2.
65. Panelists Individuals appointed to a panel in accordance with this Article shall:
(a) be chosen strictly on the basis of objectivity, reliability, and sound judgment;
(b) have expertise or experience in law, international trade, other matters covered by this Agreement, Agreement or the resolution of disputes arising under international trade agreements;
(c) be independent of, and not be affiliated with or take instructions from, either Party;
(d) not have dealt with the matter in any capacity;
(e) disclose to the Parties information which may give rise to justifiable doubts as to their independence or impartiality; and
(df) comply with the code of conduct established set out in Annex 20-A.
76. If a Party believes that a panelist has violated or is in violation of the code of conduct, Unless the Parties shall consult and if they otherwise agree, the panelist chair shall not be removed and a new panelist national of either Party.
7. Where a panel is reconvened under Article 20.13.4, 20.14.5, 20.14.6 or
20.15.1 the reconvened panel shall, where possible, have the same panellists as in the original panel. If the panel cannot be reconvened with all of its original panellists, the procedures for selection of the panellists set out in paragraphs 2 through 6 shall be selected in accordance with this Articleapply.
Appears in 1 contract
Samples: Dispute Settlement Agreement
ESTABLISHMENT OF PANEL. 1. The requesting Party may deliver a written request to establish a dispute settlement panel to the other Party, provided that a matter has not been resolved in any of the following cases:
(a) within 30 days following the receipt of the request to refer the matter to the Joint Commission or any other period agreed by the Parties, or when the meeting has not been held pursuant to the provisions established in Article 20.5.3;
(b) when the Parties to the dispute have not settled the dispute during consultations within the 45 60 day period established in Article 20.4 22.4 or 20 days where the matter concerns cases of urgency, including those concerning perishable goods, or goods or services that rapidly lose their trade value such as certain seasonal goods or services, or within any other period that the Parties to the dispute may agree during consultations;
(b) 30 days after the Joint Committee has convened in respect of the matter most recently referred to it, where proceedings have been consolidated pursuant to Article 22.5;
(c) within 30 days after the receipt of the request to refer the matter to the Joint Committee or any other period agreed by the Parties to the dispute, or when the meeting has not been held pursuant to the provisions established in Article 22.5.3; or
(cd) when the requesting Party that referred the matter to the Joint Commission Committee considers, once the period indicated by the Joint Commission Committee has expired, that the measures aimed at complying with the agreement reached pursuant to Article 20.522.5, were not adopted.
2. The complaining requesting Party shall set out the reasons for the request, including identification of the measure or other matter at issue and a brief summary of the legal basis for the complaint sufficient to present the problem clearly.
3. A panel shall be established upon the date of receipt of the request referred to in paragraph 1.
4. A Party that is eligible under paragraph 1 to request the establishment of a panel may join the arbitral panel proceedings as a complaining Party on delivery of written notice to the other Parties. The notice shall be delivered at the earliest possible time, and in any event no later than seven days after the date of delivery of the request by the Party for the establishment of a panel.
5. If a Party does not join as a complaining Party in accordance with paragraph 4, it shall refrain thereafter from initiating or continuing subparagraph (a) and (b) regarding the same matter in the absence of a significant change in economic or commercial circumstances:
(a) a dispute settlement procedure under this Agreement; or
(b) a dispute settlement proceeding under the WTO Agreement or under another free trade agreement to which it and the Party complained against are party, on grounds that are substantially equivalent to those available to it under this Agreement.
6. Unless otherwise agreed by the Parties to the dispute, the panel shall be established and perform its functions in a manner consistent with the provisions of this Chapter.
7. A panel may not be established to review a proposed measure.
8. Unless the Parties to the dispute otherwise agree, the Parties to the dispute shall apply the following procedures in selecting a panel:
(a) the panel shall be composed of three members;
(b) each Party shall appoint one panelist within 30 days after the date of receipt of the request for panel establishmentthe establishment of a panel. If a Party fails to appoint a panelist within that period, the Parties shall meet within seven days and select a panelist shall be appointed by lot from among the other members of the contingent list established under paragraph 10 who are nationals of that Party, unless the Parties otherwise decide; and;
(c) a Party may exercise a peremptory challenge against any individual not on the contingent list within 14 days after the individual has been proposed as a panelist. If a Party has exercised three peremptory challenges, the other Party shall select a panelist from the contingent list;
(d) the Parties shall endeavor to agree on a third panelist who shall serve as chair within 30 days after the date the second panelist has been appointed. If chair;
(e) if the Parties are unable to agree on the chair within 30 days after the date on which the second panelist has been appointed, the Parties shall meet within seven days and select the chair by lot from among the members of the panel within this period, they shall within the next contingent list established under paragraph 10 days exchange their respective list comprising four nominees who shall are not be nationals of either Party. The chair shall then be appointed by lot from the lists within 10 days of exchange of lists. If a Party fails to submit its list of four nominees, the chair shall be appointed by lot from the list already submitted by the other Party.
5. If a panelist appointed under this Article becomes unable to serve on the panel, a successor shall be appointed in the same manner as prescribed for the appointment of the original panelist and the successor shall have all the powers and duties of the original panelist. In such a case, any time period applicable to the panel proceedings shall be suspended for a period beginning on the date when the original panelist becomes unable to serve and ending on the date when the new panelist is appointed.
6. Panelists shall:
(a) be chosen strictly on the basis of objectivity, reliability, and sound judgment;
(b) have expertise or experience in law, international trade, other matters covered by this Agreement, or the resolution of disputes arising under international trade agreements;
(c) be independent of, and not be affiliated with or take instructions from, either Party; and
(d) comply with the code of conduct established in Annex 20-A.
7. If a Party believes that a panelist has violated or is in violation of the code of conduct, the Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.and3
Appears in 1 contract
Samples: Dispute Settlement Agreement
