Expert Reports. 1. Subject to paragraph 2, a Tribunal may appoint an expert to report to it in writing on a factual issue concerning environmental, health, safety or other scientific matter raised by a disputing party, subject to such terms and conditions as the disputing parties may decide. 2. The Tribunal may not appoint an expert under paragraph 1 if the disputing parties agree that the Tribunal may not do so. 3. Paragraph 1 does not affect the appointment of other kinds of experts where the appointment is authorized by the applicable arbitration rules.
Appears in 17 contracts
Samples: Investment Agreement, Investment Promotion and Protection Agreement, Investment Promotion and Protection Agreement
Expert Reports. 1. Subject to paragraph 2, a Tribunal may appoint an expert to report to it in writing on a factual issue concerning any environmental, health, safety or other scientific matter raised by a disputing party, subject to such terms and conditions as the disputing parties may decide.
2. The Tribunal may not appoint an expert under paragraph 1 if the disputing parties agree that the Tribunal may not do so.
3. Paragraph 1 does not affect the appointment of other kinds of experts where the appointment is authorized by the applicable arbitration rules.
Appears in 2 contracts
Samples: Investment Agreement, Investment Agreement
Expert Reports. 1. Subject to paragraph 2, a Tribunal may appoint an expert to submit a written report to it in writing on a any factual element that relates to an issue concerning environmentalinvolving the environment, health, safety safety, security, or other another scientific matter field that is raised by a disputing party, subject to such any terms and conditions as that are determined by the disputing parties may decideparties.
2. The Tribunal may not appoint an expert under paragraph 1 if the disputing parties agree that the Tribunal may not do so. The disputing parties are encouraged to provide the Tribunal with the reasons for such an agreement.
3. Paragraph 1 does not affect the appointment of other kinds of experts where the appointment is authorized by the applicable arbitration rules.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Agreement
Expert Reports. 1. Subject to paragraph 2paragraph2, a Tribunal aTribunal may appoint an expert to report to it in writing on a factual issue concerning environmental, health, safety or other scientific matter raised by a disputing party, subject to such terms and conditions as the disputing parties may decide.
2. The Tribunal may not appoint an expert under paragraph 1 if the disputing parties agree that the Tribunal may not do so.
3. Paragraph 1 does not affect the appointment of other kinds of experts where the appointment is authorized by the applicable arbitration rules.
Appears in 2 contracts
Samples: Investment Promotion and Protection Agreement, Investment Agreement
Expert Reports. 1. Subject to paragraph 2, a an Arbitral Tribunal may appoint an expert to report to it in writing on a factual issue concerning environmental, health, safety or other scientific matter raised by a disputing party, subject to such terms and conditions as the disputing parties may decide.
2. The Arbitral Tribunal may not appoint an expert under paragraph 1 if the disputing parties agree that the Arbitral Tribunal may not do so.
3. Paragraph 1 does not affect the appointment of other kinds of experts where the appointment is authorized by the applicable arbitration rules.
Appears in 2 contracts
Samples: Agreement for the Promotion and Reciprocal Protection of Investments, Agreement for the Promotion and Reciprocal Protection of Investments
Expert Reports. 1. Subject to paragraph 2, a Tribunal may appoint an expert experts to report to it in writing on a any factual issue concerning environmental, health, safety or other scientific matter matters raised by a disputing party, subject to such terms and conditions as the disputing parties may decide.
2. The Tribunal may not appoint an expert exercise the power conferred to it under paragraph 1 if the disputing parties agree decide that the Tribunal may not do so.
3. Paragraph 1 does not affect the appointment of other kinds of experts where the appointment is authorized by the applicable arbitration rules.
Appears in 1 contract
Samples: Free Trade Agreement
Expert Reports. 1. Subject to paragraph 2, a Tribunal may appoint an expert to report to it in writing on a factual issue concerning an environmental, health, safety or other scientific matter raised by a disputing party, subject to such terms and conditions as the disputing parties may decide.
2. The Tribunal may not appoint an expert under paragraph 1 if the disputing parties agree that the Tribunal may not do so.
3. Paragraph 1 does not affect the appointment of other kinds of experts where the appointment is authorized by the applicable arbitration rules.
Appears in 1 contract
Samples: Investment Agreement