Establishment of the Arbitration Panel. An arbitration panel shall be composed of three arbitrators.
Establishment of the Arbitration Panel. An arbitration panel shall be composed of three arbitrators. 2. Within five days of the date of receipt by the Party complained against of the request referred to in paragraph 1 of Article 3.28 (Initiation of Arbitration Procedure), the Parties shall enter into consultations in order to agree on the composition of the arbitration panel.
Establishment of the Arbitration Panel. 1. An arbitration panel shall be composed of three arbitrators.
2. Within five days of the date of receipt by the Party complained against of the request referred to in paragraph 1 of Article 3.28 (Initiation of Arbitration Procedure), the Parties shall enter into consultations in order to agree on the composition of the arbitration panel.
3. In the event that the Parties are unable to agree, within ten days of entering into the consultations referred to in paragraph 2, on the chairperson of the arbitration panel, the chair of the Committee, or the chair's delegate, shall, within twenty days of entering into consultations referred to in paragraph 2, select one arbitrator who will serve as a chairperson by lot from the list referred to under paragraph 1 of Article 3.44 (Lists of Arbitrators).
4. In the event that the Parties are unable to agree, within ten days of entering into the consultations referred to in paragraph 2, on the arbitrators:
(a) each Party may select one arbitrator, who will not act as a chairperson, from the individuals on the list established under paragraph 2 of Article 3.44 (Lists of Arbitrators), within fifteen days of entering into the consultations referred to in paragraph 2; and
(b) if either Party fails to select an arbitrator under subparagraph 4(a), the chair of the Committee, or the chair's delegate, shall select any remaining arbitrator by lot from among the individuals proposed by the Party pursuant to paragraph 2 of Article 3.44 (Lists of Arbitrators), within twenty days of entering into consultations referred to in paragraph 2.
5. Should the list provided for in paragraph 2 of Article 3.44 (Lists of Arbitrators) not be established at the time required pursuant to paragraph 4:
(a) where both Parties have proposed individuals pursuant to paragraph 2 of Article 3.44 (Lists of Arbitrators), each Party may select one arbitrator, who will not act as a chairperson, from among the individuals proposed, within fifteen days of entering into the consultations referred to in paragraph 2. If a Party fails to select an arbitrator, the chair of the Committee, or the chair's delegate, shall select the arbitrator by lot from among the individuals proposed by the Party which failed to select its arbitrator; or
(b) where only one Party has proposed individuals pursuant to paragraph 2 of Article 3.44 (Lists of Arbitrators), each Party may select one arbitrator, who will not act as a chairperson, from among the individuals proposed, within fift...
Establishment of the Arbitration Panel. 1. If the Parties do not reach a mutually satisfactory solution within 30 days of the date of receipt of the request for the consultations, the complaining Party may request the establishment of an arbitration panel.
2. The request for the establishment of an arbitration panel shall be made in writing to the Party complained against and the Joint Committee. The complaining Party shall identify in its request, the specific measure at issue, the legal basis of the complaint including any provision of the Korea-Turkey FTA, and the factual basis for the complaint.
3. The establishment of an arbitration panel shall not be requested on any matter relating to a proposed measure.
Establishment of the Arbitration Panel. 1. An arbitration panel shall be composed of three (3) arbitrators.
2. Each Party shall appoint one arbitrator within ten (10) days of the date of the receipt of the request for the establishment of an arbitration panel. The two (2) arbitrators shall appoint a third arbitrator, who shall be the chairperson of the arbitration panel, within twenty (20) days of the receipt of the request for the establishment of a panel. The chairperson of the arbitration panel shall not be a national of the Parties nor permanently reside in the territory of the Parties.
3. If all three (3) arbitrators are not appointed within twenty (20) days, or if, within ten (10) days of the appointment of the third arbitrator, either Party submits a reasoned written objection to the appointed arbitrators to the Trade and Development Committee, either Party may request the Chairperson of the Trade and Development Committee, or her or his delegate, to select all three (3) members by lot from the list established under Article 94, one among the individuals proposed by the complaining Party, one among the individuals proposed by the Party complained against, and one among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or more of the members of the arbitration panel, any remaining members shall be selected by the procedure laid down in this paragraph.
4. The Chairperson of the Trade and Development Committee, or her or his delegate, shall select the arbitrators within five (5) days of receipt of the request made by either Party referred to in paragraph 3 and in the presence of a representative of each Party.
5. The date of establishment of the arbitration panel shall be the date on which the three (3) arbitrators are finally selected.
Establishment of the Arbitration Panel. An arbitration panel shall be composed of three arbitrators. 2. Within 12 days following the date of receipt of the request for the establishment of an arbitration panel by the Party complained against, each party to the dispute may appoint an arbitrator from the candidates proposed by any of the Parties for the list established in accordance with Article 304. If any of the parties to the dispute fails to appoint its arbitrator, upon request of the other party to the dispute, the arbitrator shall be selected by lot by the chairperson of the Trade Committee or his/her delegate among the candidates proposed by that party to the dispute for the list of arbitrators.
Establishment of the Arbitration Panel. 1. The complaining Party that made a request for consultations under Article 15.4 may request in writing the establishment of an arbitration panel to the Party complained against,
(a) if the Party complained against does not enter into such consultations within 30 days, or within 15 days in cases of urgency including those concerning perishable goods, of the date of receipt of the request for such consultations; or
(b) if the Parties fail to resolve the dispute through such consultations within 60 days, or within 30 days in cases of urgency including those concerning perishable goods, of the date of receipt of the request for such consultations.
2. The request for the establishment of an arbitration panel shall be made in writing to the Party complained against. The complaining Party shall identify in its request, the measure or other matter at issue, and the factual and legal basis for the complaint sufficient to present the problem clearly.
Establishment of the Arbitration Panel. 1. An arbitration panel shall be composed of three arbitrators.
2. Within 10 days of the date of the submission of the request for the establishment of an arbitration panel to the Trade Committee, the Parties shall consult in order to reach an agreement on the composition of the arbitration panel.
3. In the event that the Parties are unable to agree on the composition of the arbitration panel within the time frame laid down in paragraph 2, either Party may request the chair of the Trade Committee, or the chair's delegate, to select all three members by lot from the list established under Article 14.18, one among the individuals proposed by the complaining Party, one among the individuals proposed by the Party complained against and one among the individuals selected by the Parties to act as chairperson. Where the Parties agree on one or more of the members of the arbitration panel, any remaining members shall be selected by the same procedure.
4. The date of establishment of the arbitration panel shall be the date on which the three arbitrators are selected.
Establishment of the 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, or if the Party to which the request is made does not reply within 10 days or does not enter into consultations within 30 days, or within 15 days for urgent matters, from the receipt of the request for consultations by the Party complained against, the dispute may 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 dispute.
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. 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 and to make findings of law and fact together with the reasons therefor, as well as recommendations, if any, for the resolution of the dispute and the implementation of the ruling.”
4. 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, a single arbitration panel should whenever feasible be established to examine complaints relating to the same matter.
5. 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 the Arbitration Panel. 1. An arbitration panel shall be composed of three arbitrators.
2. Within 12 days following the date of the receipt of the request for the establishment of an arbitration panel by the Party complained against, each Party to the dispute may appoint an arbitrator from the candidates proposed by any of the Parties for the list established in accordance with Article X.6 (List of Arbitrators). If any of the parties to the dispute fails to appoint its arbitrator, upon request of the other Party to the dispute, the arbitrator will be selected by lot by the Chairman of the Trade Committee or its delegate among the candidates proposed by that Party to the dispute for the list of arbitrators.
3. Unless the parties to the dispute reach an agreement concerning the President of the arbitration panel within the timeframe established in paragraph 2, and upon request of any of the parties to the dispute, the Chairman of the Trade Committee or the chair's delegate, will select by lot the Chairman of the arbitration panel among the candidates selected to that effect in the list of arbitrators.
4. The President of the Trade Committee, or the president's delegate, shall select the arbitrators from the list foreseen in Article X.6 (List of Arbitrators) within five days following the request submitted according to with paragraphs 2 and 3.
5. Notwithstanding the provisions in paragraphs 2 to 4, the parties to the dispute may select as arbitrators, by mutual consent and within a period of 10 days following the date of receipt of the request by the Party complained against, persons who are not included in the list of arbitrators, but who meet the requirements established in paragraph 3 of Article X.6 (List of Arbitrators).
6. The date of establishment of the arbitration panel shall be the date on which all the designated arbitrators have confirmed their acceptance.
