Functions of Arbitral Tribunals. 1 The function of an arbitral tribunal is to make an objective assessment of the dispute before it, including an examination of the facts of the case and the applicability of and conformity with this Agreement, and make such other findings and rulings necessary for the resolution of the dispute referred to it as it thinks fit. The findings and rulings of the arbitral tribunal shall be binding on the Parties. 2 The arbitral tribunal shall, apart from the matters set out in Article 63, regulate its own procedures in relation to the rights of Parties to be heard and its deliberations.
Functions of Arbitral Tribunals. 1. An arbitral tribunal shall make an objective assessment of the matter before it, including an objective assessment of:
(a) the facts of the case;
(b) the applicability of the provisions of this Agreement cited by the Parties to the dispute; and
(c) whether the Responding Party has failed to carry out its obligations under this Agreement.
2. An arbitral tribunal shall have the following terms of reference unless the Parties to the dispute agree otherwise within 20 days from the date of the establishment of an arbitral tribunal: "To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for establishment of an arbitral tribunal made pursuant to Article 8 (Request for Establishment of Arbitral Tribunals), and to make such findings and if applicable, suggestions provided for in this Agreement." The arbitral tribunal shall make its findings in accordance with this Agreement.
3. The arbitral tribunal shall set out in its report:
(a) a descriptive section summarising the arguments of the Parties to the dispute and Third Parties;
(b) its findings on the facts of the case and on the applicability of the provisions of this Agreement;
(c) its findings on whether the Responding Party has failed to carry out its obligations under this Agreement; and
(d) its reasons for its findings in Subparagraphs (b) and (c).
4. In addition to Paragraph 3, an arbitral tribunal may include in its report any other findings jointly requested by the Parties to the dispute. The arbitral tribunal may suggest ways in which the Responding Party could implement the findings.
5. Unless the Parties to the dispute otherwise agree, an arbitral tribunal shall base its report solely on the relevant provisions of this Agreement and the submissions and arguments of the Parties to the dispute. An arbitral tribunal shall only make the findings and suggestions provided for in this Agreement.
6. The interests of Third Parties and those of other Parties shall be fully taken into account during the arbitral tribunal proceedings. Third Parties' submissions shall be reflected in the report of the arbitral tribunal.
7. The findings and suggestions of the arbitral tribunal cannot add to or diminish the rights and obligations provided in this Agreement or any other international agreement.
8. The arbitral tribunal shall consult regularly the Parties to the dispute and provide adequate opportunities for the development of a mutually satisfactory solution to t...
Functions of Arbitral Tribunals. 1. The arbitral tribunal established pursuant to Article 64:
(a) should make an objective assessment of the matter before it, including an examination of the facts of the case and the applicability of and conformity with the Agreement;
(b) should consult with the parties to the dispute as appropriate and provide them with adequate opportunities for the development of a mutually satisfactory resolution;
(c) shall make its award in accordance with this Agreement and applicable rules of international law;
(d) shall set out, in its award, its findings of law and fact, together with the reasons therefor;
(e) may, apart from giving its findings, include in its award suggested implementation options for the parties to the dispute to consider in conjunction with Article 71; and
(f) cannot, in its award, add to or diminish the rights and obligations of any Party provided in this Agreement.
2. The arbitral tribunal may seek, from the Parties, such relevant information as it considers necessary and appropriate. The Parties shall respond promptly and fully to any request by the arbitral tribunal for such information.
3. The arbitral tribunal may seek information from any relevant source and may consult experts to obtain their opinion on certain aspects of the matter. With respect to factual issues concerning a scientific or other technical matter raised by any party to the dispute, the arbitral tribunal may request advisory reports in writing from experts. The arbitral tribunal may, at the request of any party to the dispute or on its own initiative, select, in consultation with the parties to the dispute, no fewer than two (2) scientific or technical experts who shall assist the arbitral tribunal throughout its proceedings, but who shall not have the right to vote in respect of any decision to be made by the arbitral tribunal, including its award. Any information and technical advice so obtained shall be made available to the parties to the dispute.
Functions of Arbitral Tribunals. 1. The function of an arbitral tribunal is to make an objective assessment of the dispute before it, including an examination of the facts of the case and the applicability of and conformity with this Agreement. Where the arbitral tribunal concludes that a measure is inconsistent with a provision of this Agreement, it shall recommend that the Party in default bring the measure into conformity with that provision.
2. The award of the arbitral tribunal shall be set out in a report released to the Parties, including the reasons for the award. An arbitral tribunal may make its award upon the default of a Party.
3. An arbitral tribunal shall take its decisions by consensus; provided that where an arbitral tribunal is unable to reach consensus it may take its decisions by majority vote.
4. Apart from the matters set out in Article 15.8, the arbitral tribunal shall regulate its own procedures in relation to the rights of the Parties to be heard and its deliberations, unless the Parties agree otherwise in writing.
Functions of Arbitral Tribunals. An arbitral tribunal established under Article 1804:
Functions of Arbitral Tribunals. 1. The function of an arbitral tribunal is to make an objective assessment of the matter before it, including an objective assessment of:
(a) the facts of the case;
(b) the applicability of the relevant provisions of this Agreement cited by the Parties; and
(c) whether:
(i) the measure at issue is inconsistent with the obligations of this Agreement; or
(ii) a Party has otherwise failed to carry out its obligations under this Agreement.
2. Unless the Parties otherwise agree within 20 days after the date of the establishment of the arbitral tribunal, the terms of reference shall be: "To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitral tribunal pursuant to Article 15.7 and to make findings of law and fact together with the reasons therefor for the resolution of the dispute."
3. The findings of the arbitral tribunal shall be binding on the Parties.
Functions of Arbitral Tribunals.
1. An arbitral tribunal established under Article 17.4:
(a) shall consult the Parties as appropriate and provide adequate opportunities for the development of a mutually satisfactory settlement of the dispute;
(b) shall make its award in accordance with this Agreement and applicable rules of international law;
(c) shall set out, in its award, its findings of law and fact, together with its reasons; and
(d) may, in addition to its findings of law and fact, include in its award options for the Parties to consider in implementing the award.
2. The award of an arbitral tribunal shall be final and binding on the Parties.
3. An arbitral tribunal shall attempt to make its decision, including its award, by consensus but may also make such decisions by majority vote.
Functions of Arbitral Tribunals. 1. The function of an arbitral tribunal is to make an objective assessment of the dispute before it, including an objective
Functions of Arbitral Tribunals. The arbitral tribunal established in accordance with Article 19.6:
(a) should consult the Parties, as appropriate, and provide adequate opportunities for the development of a mutually satisfactory solution;
(b) shall make an objective assessment of the matter before it, including an objective assessment of the facts of the case, the applicability of the provisions of this Agreement cited by the Parties, and:
(i) the consistency with this Agreement of the measure at issue applied by the Party complained against;
(ii) whether the Party complained against has failed to carry out its obligations under this Agreement; or
(iii) whether the measure at issue applied by the Party complained against is causing the nullification or impairment of any benefit described in subparagraph 1(b) of Article 19.4; and
(c) may make such other findings as necessary for the resolution of the dispute.
Functions of Arbitral Tribunals. The arbitral tribunal established pursuant to Article 142: (a) should consult with the Parties as appropriateand provide adequate opportunities for thedevelopment of a mutually satisfactoryresolution; (b) shall make its award in accordance with this Agreement and applicable rules of internationallaw; and (c) shall set out, in its award, its findings of xxxxxx fact, together with the reasons therefor.
