Common use of Functions of Arbitral Tribunals Clause in Contracts

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. 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.Article