Common use of Ethics Clause in Contracts

Ethics. 1. The Members of the Tribunal and of the Appeal Tribunal shall be chosen from persons whose independence is beyond doubt. They shall not be affiliated with any government.1 They shall not take instructions from any government or organisation with regard to matters relating to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. In doing so, they shall comply with Annex 11 (Code of Conduct for Members of the Tribunal, Members of the Appeal Tribunal and Mediators). In addition, upon appointment, they shall refrain from acting as counsel or as party-appointed experts or witnesses in any pending or new investment protection dispute under this or any other agreement or under domestic laws and regulations. 1 For greater certainty, the fact that a person receives an income from the government, or was formerly employed by the government, or has family relationship with a person who receives an income from the government, does not in itself render that person ineligible. 2. If a disputing party considers that a Member has a conflict of interest, it shall send a notice of challenge to the appointment to the President of the Tribunal or to the President of the Appeal Tribunal, accordingly. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 3. If, within 15 days of the date of the notice of challenge, the challenged Member has elected not to resign from that division, the President of the Tribunal or the President of the Appeal Tribunal, accordingly, shall, after hearing the disputing parties and after providing the Member an opportunity to submit any observations, issue a decision within 45 days of the receipt of the notice of challenge and notify forthwith the disputing parties and other Members of the division. 4. Challenges against the appointment of the President of the Tribunal to a division shall be decided by the President of the Appeal Tribunal and vice versa. 5. Upon a reasoned recommendation from the President of the Appeal Tribunal, or on their joint initiative, the Parties may by decision of the Committee decide to remove a Member from the Tribunal or a Member from the Appeal Tribunal where the behaviour of this Member is inconsistent with the obligations set out in paragraph 1 and incompatible with his continued membership of the Tribunal or the Appeal Tribunal. If the President of the Appeal Tribunal is alleged of such behaviour, the President of the Tribunal shall submit the reasoned recommendation. Paragraph 2 of Article 3.38 (Tribunal) and paragraph 3 of Article 3.39 (Appeal Tribunal) shall apply

Ethics. 1. The Members of the Tribunal and of the Appeal Tribunal shall be chosen from amongst persons whose independence is beyond doubt. They shall not be affiliated with any government.1 They government,6 and in particular, shall not take instructions from any government or organisation with regard to matters relating related to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. In so doing so, they shall comply with Annex 11 7 (Code of Conduct for Members of the Tribunal, Members of the Appeal Tribunal and Mediators). In addition, upon appointment, they shall refrain from acting as counsel or as counsel, party-appointed experts expert or witnesses party-appointed witness in any pending or new investment protection dispute under this or any other agreement or under domestic laws and regulations. 1 For greater certainty, the fact that a person receives an income from the government, or was formerly employed by the government, or has family relationship with a person who receives an income from the government, does not in itself render that person ineligible. law. 2. If a disputing party considers that a Member has a conflict of interest, it shall send a notice of challenge to the of that Member's appointment to the President of the Tribunal or to the President of the Appeal Tribunal, accordinglyrespectively. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge knowledge, if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. . 3. If, within 15 days of from the date of the notice of challenge, the challenged Member has elected not to resign from that division, the President of the Tribunal or the President of the Appeal Tribunal, accordinglyrespectively, shall, after hearing the disputing parties and after providing the Member an opportunity to submit any observations, issue a decision within 45 days of the receipt of the notice of challenge and forthwith notify forthwith the disputing parties and other Members of the division. 4. Challenges against the appointment of the President of the Tribunal to a division shall be decided by the President of the Appeal Tribunal and vice versa. 5. Upon a reasoned recommendation from the President of the Appeal Tribunal, or on their joint initiative, the Parties may by decision of the Committee decide to remove a Member from the Tribunal or a Member from the Appeal Tribunal where the behaviour of this Member is inconsistent with the obligations set out in paragraph 1 and incompatible with his continued membership of the Tribunal or the Appeal Tribunal. If the President of the Appeal Tribunal is alleged of such behaviour, the President of the Tribunal shall submit the reasoned recommendation. Paragraph 2 of Article 3.38 (Tribunal) and paragraph 3 of Article 3.39 (Appeal Tribunal) shall apply

Ethics. 1. The Members of the Tribunal and of the Appeal Tribunal shall be chosen from persons whose independence is beyond doubt. They shall not be affiliated with any government.1 They shall not take instructions from any government or organisation with regard to matters relating to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. In doing so, they shall comply with Annex 11 (Code of Conduct for Members of the Tribunal, Members of the Appeal Tribunal and Mediators). In addition, upon appointment, they shall refrain from acting as counsel or as party-appointed experts or witnesses in any pending or new investment protection dispute under this or any other agreement or under domestic laws and regulations. 1 For greater certainty, the fact that a person receives an income from the government, or was formerly employed by the government, or has family relationship with a person who receives an income from the government, does not in itself render that person ineligible. 2. If a disputing party considers that a Member has a conflict of interest, it shall send a notice of challenge to the appointment to the President of the Tribunal or to the President of the Appeal Tribunal, accordingly. The Such notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 3. If, within 15 days of the date of the notice of challenge, the challenged Member has elected not to resign from that division, the President of the Tribunal or the President of the Appeal Tribunal, accordingly, shall, after hearing the disputing parties and after providing the that Member an opportunity to submit any observations, issue take a decision within 45 days of the receipt of the notice of challenge and notify that decision forthwith the disputing parties and other Members of the division. 4. Challenges against the appointment of the President of the Tribunal to a division shall be decided by the President of the Appeal Tribunal and vice versa. 5. Upon a reasoned recommendation from the President of the Appeal Tribunal, or on their joint initiative, the Parties may by decision of the Committee decide to remove a Member from the Tribunal or a Member from the Appeal Tribunal where the behaviour of this Member is inconsistent with the obligations set out in paragraph 1 and incompatible with his continued membership of the Tribunal or the Appeal Tribunal. If the President of the Appeal Tribunal is alleged of such behaviour, the President of the Tribunal shall submit the reasoned recommendation. Paragraph 2 of Article 3.38 (Tribunal) and paragraph 3 of Article 3.39 (Appeal Tribunal) shall apply

Ethics. 1. The Members of the Tribunal and of the Appeal Tribunal shall be chosen from amongst persons whose independence is beyond doubt. They shall not be affiliated with any government.1 They government, (1) and in particular, shall not take instructions from any government or organisation with regard to matters relating related to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. In so doing so, they shall comply with Annex 11 7 (Code of Conduct for Members of the Tribunal, Members of the Appeal Tribunal and Mediators). In addition, upon appointment, they shall refrain from acting as counsel or as counsel, party-appointed experts expert or witnesses party-appointed witness in any pending or new investment protection dispute under this or any other agreement or under domestic laws and regulationslaw. 1 (1) For greater certainty, the fact that a person receives an income from the government, or was formerly employed by the government, or has family relationship with a person who receives an income from the government, does not in itself render that person ineligible. 2. If a disputing adisputing party considers that a Member has a conflict of interest, it shall send a notice of challenge to the of that Member's appointment to the President of the Tribunal or to the President of the Appeal Tribunal, accordinglyrespectively. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge knowledge, if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 3. If, within 15 days of from the date of the notice of challenge, the challenged Member has elected not to resign from that division, the President of the Tribunal or the President of the Appeal Tribunal, accordinglyrespectively, shall, after hearing the disputing parties and after providing the Member an opportunity to submit any observations, issue a decision within 45 days of the receipt of the notice of challenge and forthwith notify forthwith the disputing parties and other Members of the division. 4. Challenges against the appointment to a division of the President of the Tribunal to a division shall be decided by the President of the Appeal Tribunal and vice versa. 5. Upon a reasoned recommendation from the President of the Appeal Tribunal, or on their joint initiativethe Parties, the Parties may by decision of the Committee Committee, may decide to remove a Member from the Tribunal or a Member from the Appeal Tribunal where the his or her behaviour of this Member is inconsistent with the obligations set out in paragraph 1 and incompatible with his continued membership of the Tribunal or the Appeal Tribunal. If the behaviour in question is alleged to be that of the President of the Appeal Tribunal is alleged of such behaviour, then the President of the Tribunal of First Instance shall submit the reasoned recommendation. Paragraph 2 Articles 3.9(5) (Tribunal of Article 3.38 (TribunalFirst Instance) and paragraph 3 of Article 3.39 3.10(4) (Appeal Tribunal) shall applyapply mutatis mutandis for filling vacancies that may arise pursuant to this paragraph.

Ethics. 1. The Members of the Tribunal and of the Appeal Tribunal shall be chosen from amongst persons whose independence is beyond doubt. They shall not be affiliated with any government.1 They government,0 and in particular, shall not take instructions from any government or organisation with regard to matters relating related to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. In so doing so, they shall comply with Annex 11 7 (Code of Conduct for Members of the Tribunal, Members of the Appeal Tribunal and Mediators). In addition, upon appointment, they shall refrain from acting as counsel or as counsel, party-appointed experts expert or witnesses party‑appointed witness in any pending or new investment protection dispute under this or any other agreement or under domestic laws and regulations. 1 For greater certainty, the fact that a person receives an income from the government, or was formerly employed by the government, or has family relationship with a person who receives an income from the government, does not in itself render that person ineligiblelaw. 2. If a disputing party considers that a Member has a conflict of interest, it shall send a notice of challenge to the of that Member's appointment to the President of the Tribunal or to the President of the Appeal Tribunal, accordinglyrespectively. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge knowledge, if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 3. If, within 15 days of from the date of the notice of challenge, the challenged Member has elected not to resign from that division, the President of the Tribunal or the President of the Appeal Tribunal, accordinglyrespectively, shall, after hearing the disputing parties and after providing the Member an opportunity to submit any observations, issue a decision within 45 days of the receipt of the notice of challenge and forthwith notify forthwith the disputing parties and other Members of the division. 4. Challenges against the appointment to a division of the President of the Tribunal to a division shall be decided by the President of the Appeal Tribunal and vice versa. 5. Upon a reasoned recommendation from the President of the Appeal Tribunal, or on their joint initiativethe Parties, the Parties may by decision of the Committee Committee, may decide to remove a Member from the Tribunal or a Member from the Appeal Tribunal where the his or her behaviour of this Member is inconsistent with the obligations set out in paragraph 1 and incompatible with his continued membership of the Tribunal or the Appeal Tribunal. If the behaviour in question is alleged to be that of the President of the Appeal Tribunal is alleged of such behaviour, then the President of the Tribunal of First Instance shall submit the reasoned recommendation. Paragraph 2 Articles 3.9(5) (Tribunal of Article 3.38 (TribunalFirst Instance) and paragraph 3 of Article 3.39 3.10(4) (Appeal Tribunal) shall applyapply mutatis mutandis for filling vacancies that may arise pursuant to this paragraph.

Ethics. 1. The Members of the Tribunal and of the Appeal Tribunal shall be chosen from among persons whose independence is beyond doubt. They shall not be affiliated with any government.1 They government,1 and, in particular, shall not take instructions from any government or organisation with regard to matters relating related to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. In so doing so, they shall comply with Annex 11 7 (Code of Conduct for Members of the Tribunal, Members of the Appeal Tribunal and Mediators). In addition, upon appointment, they shall refrain from acting as counsel or as counsel, party-appointed experts expert or witnesses party-appointed witness in any pending or new investment protection dispute under this or any other agreement or under domestic laws and regulationslaw. 2. If a disputing party considers that a Member has conflict of interest, it shall send a notice of challenge of that Member's appointment to the President of the Tribunal or to the President of the Appeal Tribunal, respectively. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge, if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 1 For greater certainty, the fact that a person receives an income from the government, or was formerly employed by the government, or has family relationship with a person who receives an income from the government, does not in itself render that person ineligible. 2. If a disputing party considers that a Member has a conflict of interest, it shall send a notice of challenge to the appointment to the President of the Tribunal or to the President of the Appeal Tribunal, accordingly. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 3. If, within 15 days of the date of the notice of challenge, the challenged Member has elected not to resign from that division, the President of the Tribunal or the President of the Appeal Tribunal, accordinglyrespectively, shall, after hearing the disputing parties and after providing the Member an opportunity to submit any observations, issue a decision within 45 days of the receipt of the notice of challenge and notify forthwith the disputing parties and other Members of the divisiondivision without delay. 4. Challenges against the appointment to a division of the President of the Tribunal to a division shall be decided by the President of the Appeal Tribunal and vice vice-versa. 5. Upon a reasoned recommendation from the President of the Appeal Tribunal, or on their joint initiativethe Parties, the Parties may by decision of the Committee Committee, may decide to remove a Member from the Tribunal or a Member from the Appeal Tribunal Tribunal, where the his or her behaviour of this Member is inconsistent with the obligations set out in paragraph 1 and is incompatible with his or her continued membership of the Tribunal or the Appeal Tribunal. If the behaviour in question is alleged to be that of the President of the Appeal Tribunal is alleged of such behaviour, then the President of the Tribunal of First Instance shall submit the reasoned recommendation. Paragraph 2 Articles 3.9(5) (Tribunal of Article 3.38 (TribunalFirst Instance) and paragraph 3 of Article 3.39 3.10(4) (Appeal Tribunal) shall applyapply mutatis mutandis for filling vacancies that may arise pursuant to this paragraph.

Ethics. 1. The Members of the Tribunal and of the Appeal Tribunal shall be chosen from among persons whose independence is beyond doubt. They shall not be affiliated with any government.1 They government,1 and, in particular, shall not take instructions from any government or organisation with regard to matters relating related to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. In so doing so, they shall comply with Annex 11 7 (Code of Conduct for Members of the Tribunal, Members of the Appeal Tribunal and Mediators). In addition, upon appointment, they shall refrain from acting as counsel or as counsel, party-appointed experts expert or witnesses party- appointed witness in any pending or new investment protection dispute under this or any other agreement or under domestic laws and regulationslaw. 2. If a disputing party considers that a Member has conflict of interest, it shall send a notice of challenge of that Member's appointment to the President of the Tribunal or to the President of the Appeal Tribunal, respectively. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge, if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 1 For greater certainty, the fact that a person receives an income from the government, or was formerly employed by the government, or has family relationship with a person who receives an income from the government, does not in itself render that person ineligible. 2. If a disputing party considers that a Member has a conflict of interest, it shall send a notice of challenge to the appointment to the President of the Tribunal or to the President of the Appeal Tribunal, accordingly. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 3. If, within 15 days of the date of the notice of challenge, the challenged Member has elected not to resign from that division, the President of the Tribunal or the President of the Appeal Tribunal, accordinglyrespectively, shall, after hearing the disputing parties and after providing the Member an opportunity to submit any observations, issue a decision within 45 days of the receipt of the notice of challenge and notify forthwith the disputing parties and other Members of the divisiondivision without delay. 4. Challenges against the appointment to a division of the President of the Tribunal to a division shall be decided by the President of the Appeal Tribunal and vice vice-versa. 5. Upon a reasoned recommendation from the President of the Appeal Tribunal, or on their joint initiativethe Parties, the Parties may by decision of the Committee Committee, may decide to remove a Member from the Tribunal or a Member from the Appeal Tribunal Tribunal, where the his or her behaviour of this Member is inconsistent with the obligations set out in paragraph 1 and is incompatible with his or her continued membership of the Tribunal or the Appeal Tribunal. If the behaviour in question is alleged to be that of the President of the Appeal Tribunal is alleged of such behaviour, then the President of the Tribunal of First Instance shall submit the reasoned recommendation. Paragraph 2 Articles 3.9(5) (Tribunal of Article 3.38 (TribunalFirst Instance) and paragraph 3 of Article 3.39 3.10(4) (Appeal Tribunal) shall applyapply mutatis mutandis for filling vacancies that may arise pursuant to this paragraph.

Ethics. 1. The Members of the Tribunal and of the Appeal Tribunal shall be chosen from among persons whose independence is beyond doubt. They shall not be affiliated with any government.1 They government,1 and, in particular, shall not take instructions from any government or organisation with regard to matters relating related to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. In so doing so, they shall comply with Annex 11 7 (Code of Conduct for Members of the Tribunal, Members of the Appeal Tribunal and Mediators). In addition, upon appointment, they shall refrain from acting as counsel or as counsel, party-appointed experts expert or witnesses party-appointed witness in any pending or new investment protection dispute under this or any other agreement or under domestic laws and regulationslaw. 2. If a disputing party considers that a Member has conflict of interest, it shall send a notice of challenge of that Member's appointment to the President of the Tribunal or to the President of the Appeal Tribunal, respectively. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge, if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 1 For greater certainty, the fact that a person receives an income from the government, or was formerly employed by the government, or has family relationship with a person who receives an income from the government, does not in itself render that person ineligible. 2. If a disputing party considers that a Member has a conflict of interest, it shall send a notice of challenge to the appointment to the President of the Tribunal or to the President of the Appeal Tribunal, accordingly. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 3. If, within 15 days of the date of the notice of challenge, the challenged Member has elected not to resign from that division, the President of the Tribunal or the President of the Appeal Tribunal, accordinglyrespectively, shall, after hearing the disputing parties and after providing the Member an opportunity to submit any observations, issue a decision within 45 days of the receipt of the notice of challenge and notify forthwith the disputing parties and other Members of the divisiondivision without delay. 4. Challenges against the appointment to a division of the President of the Tribunal to a division shall be decided by the President of the Appeal Tribunal and vice vice-versa. 5. Upon a reasoned recommendation from the President of the Appeal Tribunal, or on their joint initiativethe Parties, the Parties may by decision of the Committee Committee, may decide to remove a Member from the Tribunal or a Member from the Appeal Tribunal Tribunal, where the his or her behaviour of this Member is inconsistent with the obligations set out in paragraph 1 and is incompatible with his or her continued membership of the Tribunal or the Appeal Tribunal. If the behaviour in question is alleged to be that of the President of the Appeal Tribunal is alleged of such behaviour, then the President of the Tribunal of First Instance shall submit the reasoned recommendation. Paragraph 2 Articles 3.9(5) (Tribunal of Article 3.38 (TribunalFirst Instance) and paragraph 3 of Article 3.39 3.10(5) (Appeal Tribunal) shall applyapply mutatis mutandis for filling vacancies that may arise pursuant to this paragraph.

Ethics. 1. The Members of the Tribunal and of the Appeal Tribunal shall be chosen from persons whose independence is beyond doubt. They shall not be affiliated with any government.1 government. (1) They shall not take instructions from any government or organisation with regard to matters relating to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. In doing so, they shall comply with Annex 11 (Code of Conduct for Members of the Tribunal, Members of the Appeal Tribunal and Mediators). In addition, upon appointment, they shall refrain from acting as counsel or as party-appointed experts or witnesses in any pending or new investment protection dispute under this or any other agreement or under domestic laws and regulations. 1 (1) For greater certainty, the fact that a person receives an income from the government, or was formerly employed by the government, or has family relationship with a person who receives an income from the government, does not in itself render that person ineligible. 2. If a disputing party considers that a Member has a conflict of interest, it shall send a notice of challenge to the appointment to the President of the Tribunal or to the President of the Appeal Tribunal, accordingly. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 3. If, within 15 days of the date of the notice of challenge, the challenged Member has elected not to resign from that division, the President of the Tribunal or the President of the Appeal Tribunal, accordingly, shall, after hearing the disputing parties and after providing the Member an opportunity to submit any observations, issue a decision within 45 days of the receipt of the notice of challenge and notify forthwith the disputing parties and other Members of the division. 4. Challenges against the appointment of the President of the Tribunal to a division shall be decided by the President of the Appeal Tribunal and vice versa. 5. Upon a reasoned recommendation from the President of the Appeal Tribunal, or on their joint initiative, the Parties may by decision of the Committee decide to remove a Member from the Tribunal or a Member from the Appeal Tribunal where the behaviour of this Member is inconsistent with the obligations set out in paragraph 1 and incompatible with his continued membership of the Tribunal or the Appeal Tribunal. If the President of the Appeal Tribunal is alleged of such behaviour, the President of the Tribunal shall submit the reasoned recommendation. Paragraph 2 of Article 3.38 (Tribunal) and paragraph 3 of Article 3.39 (Appeal Tribunal) shall applyapply mutatis mutandis for filling vacancies that may arise pursuant to this paragraph.

Ethics. 1. The Members of the Tribunal and of the Appeal Tribunal shall be chosen from amongst persons whose independence is beyond doubt. They shall not be affiliated with any government.1 They government,1 and in particular, shall not take instructions from any government or organisation with regard to matters relating related to the dispute. They shall not participate in the consideration of any disputes that would create a direct or indirect conflict of interest. In so doing so, they shall comply with Annex 11 7 (Code of Conduct for Members of the Tribunal, Members of the Appeal Tribunal and Mediators). In addition, upon appointment, they shall refrain from acting as counsel or as counsel, party-appointed experts expert or witnesses party-appointed witness in any pending or new investment protection dispute under this or any other agreement or under domestic laws and regulationslaw. 2. If a disputing party considers that a Member has conflict of interest, it shall send a notice of challenge of that Member's appointment to the President of the Tribunal or to the President of the Appeal Tribunal, respectively. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge, if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 1 For greater certainty, the fact that a person receives an income from the government, or was formerly employed by the government, or has family relationship with a person who receives an income from the government, does not in itself render that person ineligible. 2. If a disputing party considers that a Member has a conflict of interest, it shall send a notice of challenge to the appointment to the President of the Tribunal or to the President of the Appeal Tribunal, accordingly. The notice of challenge shall be sent within 15 days of the date on which the composition of the division of the Tribunal or of the Appeal Tribunal has been communicated to the disputing party, or within 15 days of the date on which the relevant facts came to its knowledge if they could not have reasonably been known at the time of composition of the division. The notice of challenge shall state the grounds for the challenge. 3. If, within 15 days of from the date of the notice of challenge, the challenged Member has elected not to resign from that division, the President of the Tribunal or the President of the Appeal Tribunal, accordinglyrespectively, shall, after hearing the disputing parties and after providing the Member an opportunity to submit any observations, issue a decision within 45 days of the receipt of the notice of challenge and forthwith notify forthwith the disputing parties and other Members of the division. 4. Challenges against the appointment to a division of the President of the Tribunal to a division shall be decided by the President of the Appeal Tribunal and vice versa. 5. Upon a reasoned recommendation from the President of the Appeal Tribunal, or on their joint initiativethe Parties, the Parties may by decision of the Committee Committee, may decide to remove a Member from the Tribunal or a Member from the Appeal Tribunal where the his or her behaviour of this Member is inconsistent with the obligations set out in paragraph 1 and incompatible with his continued membership of the Tribunal or the Appeal Tribunal. If the behaviour in question is alleged to be that of the President of the Appeal Tribunal is alleged of such behaviour, then the President of the Tribunal of First Instance shall submit the reasoned recommendation. Paragraph 2 Articles 3.9(5) (Tribunal of Article 3.38 (TribunalFirst Instance) and paragraph 3 of Article 3.39 3.10(4) (Appeal Tribunal) shall applyapply mutatis mutandis for filling vacancies that may arise pursuant to this paragraph.