Common use of Functions of Arbitral Tribunals Clause in Contracts

Functions of Arbitral Tribunals. 1. The arbitral tribunal established pursuant to Article 119: (a) should consult with the Parties as appropriate andprovide adequate opportunities for the developmentof a mutually satisfactory resolution; (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 andfact, together with the reasons therefor; and (d) may, apart from giving its findings, include in itsaward suggested implementation options for theParties to consider in conjunction with Article 123. 2. The arbitral tribunal may seek, from the Parties, suchrelevant information as it considers necessary and appropriate. The Parties shall respond promptly and fully to any request bythe arbitral tribunal for such information. 3. The arbitral tribunal may seek information from 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 a Party, the arbitral tribunal may request advisory reportsin writing from experts. The arbitral tribunal may, at the request of a Party or on its own initiative, select, inconsultation with the Parties, no fewer than two scientific ortechnical experts who shall assist the arbitral tribunalthroughout its proceedings, but who shall not have the right to vote in respect of any decision to be made by the arbitraltribunal, including its award.