Common use of Functions of Arbitral Tribunals Clause in Contracts

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 the dispute. 9. An arbitral tribunal re-convened under this Chapter shall also carry out functions with regard to compliance review under Article 16 (Compliance Review) and review of level of suspension of concessions or other obligations under Article 17 (Compensation and Suspension of Concessions or other Obligations). Paragraphs 1 to 3 shall not apply to an arbitral tribunal re-convened under Article 16 (Compliance Review) and Article 17 (Compensation and Suspension of Concessions or other Obligations). 10. An arbitral tribunal shall make its findings by consensus provided that where an arbitral tribunal is unable to reach consensus it may make its findings by majority vote.

Functions of Arbitral Tribunals. 1. An The function of an arbitral tribunal shall is to make an objective assessment of the matter dispute before it, including an objective assessment of: (a) the facts examination 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 and conformity with the provisions Framework Agreement. Where the arbitral tribunal concludes that a measure is inconsistent with a provision of this the Framework Agreement; (c) its findings on whether , it shall recommend that 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). 4party complained against bring the measure into conformity with that provision. In addition to Paragraph 3its recommendations, 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 party complained against could implement the findings. 5recommendations. Unless the Parties to the dispute otherwise agree, an arbitral tribunal shall base In 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 recommendations, the arbitral tribunal cannot add to or diminish the rights and obligations provided in this Agreement or any other international agreementthe Framework Agreement. 82. The arbitral tribunal shall have the following terms of reference unless the parties to a dispute agree otherwise within 20 days from its composition: “To examine, in the light of the relevant provisions in the Framework Agreement, the matter referred to this arbitral tribunal by (name of party)… and to make findings, determinations and recommendations provided for in the Framework Agreement.” The arbitral tribunal shall address the relevant provisions in the Framework Agreement cited by the parties to a dispute. 3. The arbitral tribunal established pursuant to Article 6 above: (a) shall consult regularly with the Parties parties to the dispute and provide adequate opportunities for the development of a mutually satisfactory solution resolution; (b) shall make its decision in accordance with the Framework Agreement and the rules of international law applicable between the parties to the dispute; and (c) shall set out, in its decision, its findings of law and fact, together with the reasons therefore. 4. The decision of the arbitral tribunal shall be final and binding on the parties to the dispute. 9. An arbitral tribunal re-convened under this Chapter shall also carry out functions with regard to compliance review under Article 16 (Compliance Review) and review of level of suspension of concessions or other obligations under Article 17 (Compensation and Suspension of Concessions or other Obligations). Paragraphs 1 to 3 shall not apply to an arbitral tribunal re-convened under Article 16 (Compliance Review) and Article 17 (Compensation and Suspension of Concessions or other Obligations). 105. An arbitral tribunal shall make take its findings decision by consensus consensus; provided that where an arbitral tribunal is unable to reach consensus consensus, it may make take its findings decision by majority voteopinion. 6. The arbitral tribunal shall, in consultation with the parties to the dispute and apart from the matters set out in paragraphs 2, 3, 4 of Article 6 and Article 9, 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 disputeParties; 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 20.9 (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;; and (c) its findings on whether the Responding Party has failed to carry out its obligations under this Agreement; andor (d) its reasons for its findings in Subparagraphs subparagraphs (b) and (c). 4. In addition to Paragraph paragraph 3, an arbitral tribunal may include in its report any other findings jointly requested by the Parties to the disputeParties. 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 disputeParties. 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. 87. The arbitral tribunal shall consult regularly the Parties to the dispute regularly and provide adequate opportunities for the development of a mutually satisfactory solution to the dispute. 98. An arbitral tribunal re-convened reconvened under this Chapter shall also carry out functions with regard to compliance review under Article 16 20.15 (Compliance Review) and review of level of suspension of concessions or other obligations under Article 17 20.16 (Compensation and Suspension of Concessions or other Obligations). Paragraphs 1 to 3 shall not apply to an arbitral tribunal re-convened reconvened under Article 16 20.15 (Compliance Review) and Article 17 20.16 (Compensation and Suspension of Concessions or other Obligations). 109. An arbitral tribunal shall make its findings by consensus provided that where consensus. Where an arbitral tribunal is unable to reach consensus it may make its findings by majority vote.

Functions of Arbitral Tribunals. 1. An The function of an arbitral tribunal shall is to make an objective assessment of the matter before dispute referred to it, including an objective assessment of: (a) of the facts of the case; (b) case and the applicability of and conformity with this Treaty, as also make such other findings necessary for the provisions resolution of this Agreement cited by the Parties dispute submitted to the dispute; and (c) whether the Responding Party has failed to carry out its obligations under this Agreementthem. 2. An The conclusions and the report of the arbitral tribunal shall have be binding on the following terms parties. 3. The arbitral tribunal shall, in addition to those matters covered by article 13.9; establish, in consultation with the parties, its own procedures in relation to the rights of reference unless parties to be heard and its deliberations. 4 4. The arbitral tribunal shall take its decisions by consensus. if the Parties arbitral tribunal is unable to reach consensus it may take its decisions by a majority of its members. "model rules of procedure for arbitral tribunals 1. Unless the parties to the dispute agree otherwise agree, the proceedings of the arbitral tribunal is governed by the rules set out in annex 13.9 (model rules of procedure). 2. Unless within 20 days from of the date of delivery of the request for the establishment of an arbitral tribunaltribunal the parties agree otherwise, the terms of reference of arbitral tribunal shall: "To examine, review in the light of the relevant provisions of this Agreementthe Treaty, the matter referred to in the request for the establishment of an arbitral tribunal made pursuant to Article 8 (Request for Establishment of Arbitral Tribunals), article 13.6 and to make such the findings and if applicable, suggestions provided for in this Agreement." The arbitral tribunal shall make its findings determinations and decisions in accordance with this Agreementarticle 13.11.3 and submit the reports referred to in articles and 13.12" 13.11. 3. The arbitral tribunal If the complaining party wishes to argue a matter that has caused nullification or impairment, the terms of reference 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)so indicate. 4. In addition to Paragraph 3At the request of a party or on its own initiative, an the arbitral tribunal panel may include seek scientific information and technical advice from experts as it deems appropriate. any information obtained in its report any other findings jointly requested by the Parties this way must be delivered to the dispute. The arbitral tribunal may suggest ways in which parties to the Responding Party could implement the findingsdispute to its comments. 5. Unless The costs associated with the Parties to process, including 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 expenses of the arbitral tribunal cannot add to or diminish shall be borne in equal parts by the rights and obligations provided in this Agreement or any other international agreement. 8. The parties, unless the arbitral tribunal shall consult regularly determines otherwise given the Parties to particular circumstances of the dispute and provide adequate opportunities for the development of a mutually satisfactory solution to the disputecase. 9. An arbitral tribunal re-convened under this Chapter shall also carry out functions with regard to compliance review under Article 16 (Compliance Review) and review of level of suspension of concessions or other obligations under Article 17 (Compensation and Suspension of Concessions or other Obligations). Paragraphs 1 to 3 shall not apply to an arbitral tribunal re-convened under Article 16 (Compliance Review) and Article 17 (Compensation and Suspension of Concessions or other Obligations). 10. An arbitral tribunal shall make its findings by consensus provided that where an arbitral tribunal is unable to reach consensus it may make its findings by majority vote.

Functions of Arbitral Tribunals. 1. An The function of an arbitral tribunal shall is to make an objective assessment of the matter dispute before it, including an objective assessment of: (a) the facts examination 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 and conformity with the provisions Framework Agreement. Where the arbitral tribunal concludes that a measure is inconsistent with a provision of this the Framework Agreement; (c) its findings on whether , it shall recommend that 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). 4party complained against bring the measure into conformity with that provision. In addition to Paragraph 3its recommendations, 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 party complained against could implement the findings. 5recommendations. Unless the Parties to the dispute otherwise agree, an arbitral tribunal shall base In 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 recommendations, the arbitral tribunal cannot add to or diminish the rights and obligations provided in this Agreement or any other international agreementthe Framework Agreement. 82. The arbitral tribunal shall have the following terms of reference unless the parties to a dispute agree otherwise within 20 days from its composition: "To examine, in the light of the relevant provisions in the Framework Agreement, the matter referred to this arbitral tribunal by (name of party)... and to make findings, determinations and recommendations provided for in the Framework Agreement." The arbitral tribunal shall address the relevant provisions in the Framework Agreement cited by the parties to a dispute. 3. The arbitral tribunal established pursuant to Article 6 above: (a) shall consult regularly with the Parties parties to the dispute and provide adequate opportunities for the development of a mutually satisfactory solution resolution; (b) shall make its decision in accordance with the Framework Agreement and the rules of international law applicable between the parties to the dispute; and (c) shall set out, in its decision, its findings of law and fact, together with the reasons therefore. 4. The decision of the arbitral tribunal shall be final and binding on the parties to the dispute. 9. An arbitral tribunal re-convened under this Chapter shall also carry out functions with regard to compliance review under Article 16 (Compliance Review) and review of level of suspension of concessions or other obligations under Article 17 (Compensation and Suspension of Concessions or other Obligations). Paragraphs 1 to 3 shall not apply to an arbitral tribunal re-convened under Article 16 (Compliance Review) and Article 17 (Compensation and Suspension of Concessions or other Obligations). 105. An arbitral tribunal shall make take its findings decision by consensus consensus; provided that where an arbitral tribunal is unable to reach consensus consensus, it may make take its findings decision by majority voteopinion. 6. The arbitral tribunal shall, in consultation with the parties to the dispute and apart from the matters set out in paragraphs 2, 3, 4 of Article 6 and Article 9, regulate its own procedures in relation to the rights of parties to be heard and its deliberations.

Functions of Arbitral Tribunals. 1. An The arbitral tribunal shall make an objective assessment of the matter before it, including an objective assessment ofestablished pursuant to Article 143 above: (a) the facts of the case; (b) the applicability of the provisions of this Agreement cited by should consult with 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 as appropriate and provide adequate opportunities for the development of a mutually satisfactory solution resolution; (b) shall make its award in accordance with this Agreement, the Implementing Agreement, and applicable rules of international law; (c) shall set out, in its award, its findings of law and fact, together with the reasons therefor; and (d) may, apart from giving its findings, include in its award suggested implementation options for the Parties to the disputeconsider in conjunction with Article 147. 92. An The Parties agree that the award of the arbitral tribunal re-convened under this Chapter shall also carry out functions with regard be final and binding on the Parties. 3. 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 compliance review under Article 16 (Compliance Review) and review of level of suspension of concessions or other obligations under Article 17 (Compensation and Suspension of Concessions or other Obligations). Paragraphs 1 to 3 shall not apply to any request by an arbitral tribunal re-convened under Article 16 (Compliance Review) for such information as the arbitral tribunal considers necessary and Article 17 (Compensation appropriate. 4. The arbitral tribunal may seek information from any relevant source and Suspension may consult experts to obtain their opinion on certain aspects of Concessions the matter. With respect to factual issues concerning a scientific or other Obligations)technical matter raised by a Party, the arbitral tribunal may request advisory reports in writing from an expert or experts. The arbitral tribunal may, at the request of a Party or proprio motu, select, in consultation with the Parties, no fewer than two 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. 105. An The deliberations of the arbitral tribunal shall make be confidential. The award of the arbitral tribunal shall be drafted without the presence of the Parties, and in the light of the information provided and the statements made. 6. The arbitral tribunal shall issue its findings by consensus provided that where an award within 120 days of its establishment, unless the dispute is settled otherwise or the proceeding of the arbitral tribunal is terminated in accordance with Article 146. When the arbitral tribunal is unable to reach consensus it may issue its award within 1 2 0 days, the arbitral tribunal may, in consultation with the Parties, agree to delay the issuance of its award by no more than 30 days. 7. The arbitral tribunal shall accord equal opportunity to the Parties to review the award in draft form. 8. The arbitral tribunal shall attempt to make its findings decisions, including its award, by consensus but may also make such decisions, including its award, by majority vote.

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) and 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) and 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 the dispute. 9. An arbitral tribunal re-convened under this Chapter shall also carry out functions with regard to compliance review under Article 16 (Compliance Review) and review of level of suspension of concessions or other obligations under Article 17 (Compensation and Suspension of Concessions or other Obligations). Paragraphs 1 to 3 shall not apply to an arbitral tribunal re-convened under Article 16 (Compliance Review) and Article 17 (Compensation and Suspension of Concessions or other Obligations). 10. An arbitral tribunal shall make its findings by consensus provided that where an arbitral tribunal is unable to reach consensus it may make its findings by majority vote.

Functions of Arbitral Tribunals. 1. An The arbitral tribunal shall make an objective assessment of the matter before it, including an objective assessment of: established pursuant to Article143 above: (a) should consult with the facts Parties as appropriateand provide adequate opportunities for thedevelopment of the case; a mutually satisfactoryresolution; (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 award in accordance with this Agreement, the Implementing Agreement, andapplicable rules of international law; (c) shall set out, in its award, its findings of xxxxxx fact, together with the reasons therefor; and (d) may, apart from giving its findings, include 2. The Parties agree that the award of the arbitraltribunal shall be final and binding on the Parties. 3. The arbitral tribunal may seek, from the Parties, suchrelevant information as it considers necessary andappropriate. The Parties shall set out in its report: (a) a descriptive section summarising respond promptly and fullyto any request by an arbitral tribunal for such informationas 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)arbitral tribunal considers necessary andappropriate. 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 seek information from anyrelevant source and may consult experts to obtain theiropinion on certain aspects of the matter. With respect tofactual issues concerning a scientific or other technicalmatter raised by a Party, the arbitral tribunal may requestadvisory reports in which writing from an expert or experts. The arbitral tribunal may, at the Responding request of a Party could implement or propriomotu, select, in consultation with the findings. Parties, no fewerthan two scientific or technical experts who shall assistthe arbitral tribunal throughout its proceedings, but whoshall not have the right to vote in respect of any decisionto be made by the arbitral tribunal, including its award. 5. Unless The deliberations of 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 be confidential. The award of the Parties to the dispute. An arbitral tribunal shall only make be drafted without the findings presence of the Parties, and suggestions in thelight of the information provided for in this Agreement. and the statements made. 6. The interests arbitral tribunal shall issue its award within 120 days of Third Parties and those its establishment, unless the dispute is settledotherwise or the proceeding of other Parties shall be fully taken into account during the arbitral tribunal proceedingsisterminated in accordance with Article 146. Third Parties' submissions shall be reflected in the report of When the arbitral tribunaltribunal is unable to issue its award within 120 days, the arbitral tribunal may, in consultation with theParties, agree to delay the issuance of its award by nomore than 30 days. 7. The findings and suggestions of the arbitral tribunal cannot add shall accord equal opportunityto the Parties to or diminish review the rights and obligations provided award in this Agreement or any other international agreement. draft form. 8. The arbitral tribunal shall consult regularly the Parties attempt to the dispute and provide adequate opportunities for the development of a mutually satisfactory solution to the dispute. 9. An arbitral tribunal re-convened under this Chapter shall also carry out functions with regard to compliance review under Article 16 (Compliance Review) and review of level of suspension of concessions or other obligations under Article 17 (Compensation and Suspension of Concessions or other Obligations). Paragraphs 1 to 3 shall not apply to an arbitral tribunal re-convened under Article 16 (Compliance Review) and Article 17 (Compensation and Suspension of Concessions or other Obligations). 10. An arbitral tribunal shall make itsdecisions, including its findings award, by consensus provided that where an arbitral tribunal is unable to reach consensus it but may make alsomake such decisions, including its findings award, by majority vote.

Functions of Arbitral Tribunals. 1. An The function of an arbitral tribunal shall is to make an objective assessment of the matter dispute before it, including an objective assessment of: (a) the facts examination 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 and conformity with the provisions Framework Agreement. Where the arbitral tribunal concludes that a measure is inconsistent with a provision of this the Framework Agreement; (c) its findings on whether , it shall recommend that 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). 4party complained against bring the measure into conformity with that provision. In addition to Paragraph 3its recommendations, 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 party complained against could implement the findings. 5recommendations. Unless the Parties to the dispute otherwise agree, an arbitral tribunal shall base In 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 recommendations, the arbitral tribunal cannot add to or diminish the rights and obligations provided in this Agreement or any other international agreementthe Framework Agreement. 82. The arbitral tribunal shall have the following terms of reference unless the parties to a dispute agree otherwise within 20 days from its composition: “To examine, in the light of the relevant provisions in the Framework Agreement, the matter referred to this arbitral tribunal by (name of party)… and to make findings, determinations and recommendations provided for in the Framework Agreement.” The arbitral tribunal shall address the relevant provisions in the Framework Agreement cited by the parties to a d ispute. 3. The arbitral tribunal established pursuant to Article 6 above: a) shall consult regularly with the Parties parties to the dispute and provide adequate opportunities for the development of a mutually satisfactory solution resolution; b) shall make its decision in accordance with the Framework Agreement and the rules of international law applicable between the parties to the dispute; and c) shall set out, in its decision, its findings of law and fact, together with the reasons therefore. 4. The decision of the arbitral tribunal shall be final and binding on the parties to the dispute. 9. An arbitral tribunal re-convened under this Chapter shall also carry out functions with regard to compliance review under Article 16 (Compliance Review) and review of level of suspension of concessions or other obligations under Article 17 (Compensation and Suspension of Concessions or other Obligations). Paragraphs 1 to 3 shall not apply to an arbitral tribunal re-convened under Article 16 (Compliance Review) and Article 17 (Compensation and Suspension of Concessions or other Obligations). 105. An arbitral tribunal shall make take its findings decision by consensus consensus; provided that where an arbitral tribunal is unable to reach consensus consensus, it may make take its findings decision by majority voteopinion. 6. The arbitral tribunal shall, in consultation with the parties to the dispute and apart from the matters set out in paragraphs 2, 3, 4 of Article 6 and Article 9, 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 disputeParties; 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 20.9 (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;; and (c) its findings on whether the Responding Party has failed to carry out its obligations under this Agreement; andor (d) its reasons for its findings in Subparagraphs subparagraphs (b) and (c). 4. In addition to Paragraph paragraph 3, an arbitral tribunal may include in its report any other findings jointly requested by the Parties to the disputeParties. 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 disputeParties. 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. 87. The arbitral tribunal shall consult regularly the Parties to the dispute regularly and provide adequate opportunities for the development of a mutually satisfactory solution to the dispute. 98. An arbitral tribunal re-convened reconvened under this Chapter shall also carry out functions with regard to compliance review under Article 16 20.15 (Compliance Review) and review of level of suspension of concessions or other obligations under Article 17 20.16 (Compensation and Suspension of Concessions or other Obligations). Paragraphs 1 to 3 shall not apply to an arbitral tribunal re-convened reconvened under Article 16 20.15 (Compliance Review) and Article 17 20.16 (Compensation and Suspension of Concessions or other Obligations). 109. An arbitral tribunal shall make its findings by consensus provided that where consensus. Where an arbitral tribunal is unable to reach consensus it may make its findings by majority vote.