Common use of Functions of Arbitral Tribunals Clause in Contracts

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 arbitral tribunal established pursuant to Article 64: 119: (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 Parties as appropriate and provide them with andprovide adequate opportunities for the development of developmentof a mutually satisfactory resolution; ; (cb) shall make its award in accordance with this Agreement and applicable rules of international law; ; (dc) shall set out, in its award, its findings of law and factandfact, together with the reasons therefor; ; and (ed) may, apart from giving its findings, include in its award itsaward suggested implementation options for the parties to the dispute theParties 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 Agreement123. 2. The arbitral tribunal may seek, from the Parties, such relevant suchrelevant information as it considers necessary and appropriate. The Parties shall respond promptly and fully to any request by the bythe arbitral tribunal for such information. 3. The arbitral tribunal may seek information from any relevant anyrelevant 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 disputea Party, the arbitral tribunal may request advisory reports in reportsin writing from experts. The arbitral tribunal may, at the request of any party to the dispute a Party or on its own initiative, select, in consultation inconsultation with the parties to the disputeParties, no fewer than two (2) scientific or technical ortechnical experts who shall assist the arbitral tribunal throughout tribunalthroughout its proceedings, but who shall not have the right to vote in respect of any decision to be made by the arbitral tribunalarbitraltribunal, 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 functions of the arbitral tribunal established pursuant to Article 64: in accordance with Articles 16.6 and 16.7 shall be to: (a) should make an objective assessment of the matter before it, including an examination objective assessment of the facts of the case and the applicability of and conformity with the this Agreement; ; (b) should consult regularly with the parties to the dispute as appropriate Parties offering them equal opportunities for such consultations 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, include in its award, its findings of law and fact, together with the reasons therefor; for the findings; and (e) may, apart from giving its findings, include in attach to its award suggested implementation options including suggested period of time for implementing the award, for the parties to the dispute Parties to consider in conjunction with Article 71; and (f) cannot16.11, in its award, add to or diminish the rights and obligations of any Party provided in this Agreementif requested by either Party. 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 informationinformation as the arbitral tribunal considers necessary and appropriate. 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 disputea Party, the arbitral tribunal may request advisory reports in writing from experts. 4. 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 Any information obtained by 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 accordance with paragraph 3 shall be made available to the parties to the disputeParties.

Functions of Arbitral Tribunals. 1. The arbitral tribunal established pursuant to Article 64110: (a) should make an objective assessment of the matter before it, including an examination objective assessment of the facts of the case and the applicability of and conformity with the this Agreement; (b) should consult regularly with the parties to the dispute as appropriate Parties 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 Parties to consider in conjunction with Article 71114; and (f) cannot, in its award, add to or diminish the rights and obligations of any Party the Parties 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 informationinformation as the arbitral tribunal considers necessary and appropriate. 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 disputea Party, the arbitral tribunal may request advisory reports in writing from experts. The arbitral tribunal may, at the request of any party to the dispute a Party or on its own initiative, select, in consultation with the parties to the disputeParties, 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. 4. Any information and technical advice so obtained by the arbitral tribunal pursuant to paragraph 3 shall be made available to the parties to the disputeParties.