Common use of Panel of Experts Clause in Contracts

Panel of Experts. 1. Each Party may, 90 days after the delivery of a request for consultations under Article 242(2) of this Agreement, request that a Panel of Experts be convened to examine a matter that has not been satisfactorily addressed through government consultations. 2. The provisions of Sub-Section 1 (Arbitration procedure) and Sub-Section 3 (Common provisions), of Section 3 (Dispute settlement procedures), and of Article 270 of Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement, as well as the Rules of Procedure in Annex XX to this Agreement and the Code of Conduct for Arbitrators and Mediators (‘Code of Conduct’) set out in Annex XXI to this Agreement shall apply, except as otherwise provided in this Article. 3. At its first meeting after the entry into force of this Agreement, the Trade and Sustainable Development Sub- Committee shall establish a list of at least 15 individuals who are willing and able to serve as experts in panel procedures. Each Party shall propose at least five individuals to serve as experts. The Parties shall also select at least five individuals who are not nationals of either Party who may serve as chairperson to the Panel of Experts. The Trade and Sustainable Development Sub-Committee shall ensure that the list is always maintained at this level. 4. The list referred to in paragraph 3 of this Article shall comprise individuals with specialised knowledge or expertise in law, labour or environmental issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the matter at stake, or be affiliated with the government of any Party, and shall comply with Annex XXI to this Agreement. 5. For matters arising under this Chapter, the Panel of Experts shall be composed of experts from the list referred to in paragraph 3 of this Article, in accordance with Article 249 of this Agreement and rule 8 of the Rules of Procedure set out in Annex XX to this Agreement. 6. The Panel of Experts may seek information and advice from either Party, the domestic advisory group(s) or any other source it deems appropriate. In matters related to the respect of multilateral agreements as set out in Article 229 and 230 of this Agreement, the Panel of Experts should seek information and advice from the ILO or MEA bodies. 7. The Panel of Experts shall issue its report to the Parties, in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement, setting out the findings of facts, the applicability of the relevant provisions and the basic rationale behind any findings and recommendations that it makes. The Parties shall make the report publicly available within 15 days of its issuance. 8. The Parties shall discuss appropriate measures to be implemented taking into account the Panel of Experts' report and recommendations. The Party concerned shall inform its advisory groups and the other Party of its decisions on any action or measure to be implemented no later than three months after the public release of the report. The follow-up to the report and the recommendations of the Panel of Experts shall be monitored by the Trade and Sustainable Devel­ opment Sub-committee. The advisory bodies and the Joint Civil Society Dialogue Forum may submit observations to the Trade and Sustainable Development Sub-Committee in this regard.

Panel of Experts. 1. Each Unless the Parties otherwise agree, a Party may, 90 days after the delivery of a request for consultations under Article 242(2) of this Agreement13.14.1, request that a Panel of Experts be convened to examine a the matter that has not been satisfactorily addressed through government consultations. 2. The provisions of Sub-Section 1 (Arbitration procedure) and Sub-Section 3 (Common provisions), of Section 3 (Dispute settlement procedures), and of Article 270 of Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement, as well as the Rules of Procedure in Annex XX to this Agreement and the Code of Conduct for Arbitrators and Mediators (‘Code of Conduct’) set out in Annex XXI to this Agreement shall apply, except as otherwise provided in this Article. 3. At its first meeting after the entry into force of this Agreement, the Trade and Sustainable Development Sub- Committee shall establish a list of at least 15 individuals who are willing and able to serve as experts in panel procedures. Each Party shall propose at least five individuals to serve as experts. The Parties shall also select at least five individuals who are not nationals of either Party who may serve as chairperson can make submissions to the Panel of Experts. The Trade and Sustainable Development Sub-Committee shall ensure that the list is always maintained at this level. 4. The list referred to in paragraph 3 of this Article shall comprise individuals with specialised knowledge or expertise in law, labour or environmental issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the matter at stake, or be affiliated with the government of any Party, and shall comply with Annex XXI to this Agreement. 5. For matters arising under this Chapter, the Panel of Experts shall be composed of experts from the list referred to in paragraph 3 of this Article, in accordance with Article 249 of this Agreement and rule 8 of the Rules of Procedure set out in Annex XX to this Agreement. 6. The Panel of Experts may should seek information and advice from either Party, the domestic advisory group(sDomestic Advisory Group(s) or any other source it deems appropriate. In matters related to the respect of multilateral agreements international organisations as set out in Article 229 and 230 of this Agreement13.14, the Panel of Experts should seek information and advice from the ILO or MEA bodies. 7as it deems appropriate. The Panel of Experts shall issue its report to the Parties, be convened within two months of a Party’s request. 2. The Panel of Experts that is selected in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of paragraph 3, shall provide its expertise in implementing this Agreement, setting out Chapter. Unless the findings of factsParties otherwise agree, the applicability Panel of Experts shall, within 90 days of the relevant provisions and last expert being selected, present to the basic rationale behind any findings and recommendations that it makesParties a report. The Parties shall make the report publicly available within 15 days their best efforts to accommodate advice or recommendations of its issuance. 8. The Parties shall discuss appropriate measures to be implemented taking into account the Panel of Experts' report and recommendationsExperts on the implementation of this Chapter. The Party concerned shall inform its advisory groups and the other Party implementation of its decisions on any action or measure to be implemented no later than three months after the public release of the report. The follow-up to the report and the recommendations of the Panel of Experts shall be monitored by the Committee on Trade and Sustainable Devel­ opment Sub-committeeDevelopment. The advisory bodies and report of the Joint Civil Society Dialogue Forum may submit observations Panel of Experts shall be made available to the Trade Domestic Advisory Group(s) of the Parties. As regards confidential information, the principles in Annex 14-B (Rules of Procedure for Arbitration) apply. 3. Upon the entry into force of this Agreement, the Parties shall agree on a list of at least 15 persons with expertise on the issues covered by this Chapter, of whom at least five shall be non-nationals of either Party who will serve as chair of the Panel of Experts. The experts shall be independent of, and Sustainable Development Sub-Committee not be affiliated with or take instructions from, either Party or organisations represented in this regardthe Domestic Advisory Group(s). Each Party shall select one expert from the list of experts within 30 days of the receipt of the request for the establishment of a Panel of Experts. If a Party fails to select its expert within such period, the other Party shall select from the list of experts a national of the Party that has failed to select an expert. The two selected experts shall decide on the chair who shall not be a national of either Party.

Panel of Experts. 1. Each Unless the Parties otherwise agree, a Party may, 90 days after the delivery of a request for consultations under Article 242(2) of this Agreement13.14.1, request that a Panel of Experts be convened to examine a the matter that has not been satisfactorily addressed through government consultations. 2. The provisions of Sub-Section 1 (Arbitration procedure) and Sub-Section 3 (Common provisions), of Section 3 (Dispute settlement procedures), and of Article 270 of Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement, as well as the Rules of Procedure in Annex XX to this Agreement and the Code of Conduct for Arbitrators and Mediators (‘Code of Conduct’) set out in Annex XXI to this Agreement shall apply, except as otherwise provided in this Article. 3. At its first meeting after the entry into force of this Agreement, the Trade and Sustainable Development Sub- Committee shall establish a list of at least 15 individuals who are willing and able to serve as experts in panel procedures. Each Party shall propose at least five individuals to serve as experts. The Parties shall also select at least five individuals who are not nationals of either Party who may serve as chairperson can make submissions to the Panel of Experts. The Trade and Sustainable Development Sub-Committee shall ensure that the list is always maintained at this level. 4. The list referred to in paragraph 3 of this Article shall comprise individuals with specialised knowledge or expertise in law, labour or environmental issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the matter at stake, or be affiliated with the government of any Party, and shall comply with Annex XXI to this Agreement. 5. For matters arising under this Chapter, the Panel of Experts shall be composed of experts from the list referred to in paragraph 3 of this Article, in accordance with Article 249 of this Agreement and rule 8 of the Rules of Procedure set out in Annex XX to this Agreement. 6. The Panel of Experts may should seek information and advice from either Party, the domestic advisory group(sDomestic Advisory Group(s) or any other source it deems appropriate. In matters related to the respect of multilateral agreements international organisations as set out in Article 229 and 230 of this Agreement13.14, the Panel of Experts should seek information and advice from the ILO or MEA bodies. 7as it deems appropriate. The Panel of Experts shall issue its report to the Parties, be convened within two months of a Party's request. 2. The Panel of Experts that is selected in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of paragraph 3, shall provide its expertise in implementing this Agreement, setting out Chapter. Unless the findings of factsParties otherwise agree, the applicability Panel of Experts shall, within 90 days of the relevant provisions and last expert being selected, present to the basic rationale behind any findings and recommendations that it makesParties a report. The Parties shall make the report publicly available within 15 days their best efforts to accommodate advice or recommendations of its issuance. 8. The Parties shall discuss appropriate measures to be implemented taking into account the Panel of Experts' report and recommendationsExperts on the implementation of this Chapter. The Party concerned shall inform its advisory groups and the other Party implementation of its decisions on any action or measure to be implemented no later than three months after the public release of the report. The follow-up to the report and the recommendations of the Panel of Experts shall be monitored by the Committee on Trade and Sustainable Devel­ opment Sub-committeeDevelopment. The advisory bodies and report of the Joint Civil Society Dialogue Forum may submit observations Panel of Experts shall be made available to the Trade Domestic Advisory Group(s) of the Parties. As regards confidential information, the principles in Annex 14-B (Rules of Procedure for Arbitration) apply. 3. Upon the entry into force of this Agreement, the Parties shall agree on a list of at least 15 persons with expertise on the issues covered by this Chapter, of whom at least five shall be non-nationals of either Party who will serve as chair of the Panel of Experts. The experts shall be independent of, and Sustainable Development Sub-Committee not be affiliated with or take instructions from, either Party or organisations represented in this regardthe Domestic Advisory Group(s). Each Party shall select one expert from the list of experts within 30 days of the receipt of the request for the establishment of a Panel of Experts. If a Party fails to select its expert within such period, the other Party shall select from the list of experts a national of the Party that has failed to select an expert. The two selected experts shall decide on the chair who shall not be a national of either Party.

Panel of Experts. 1. Each Party may, 90 days after the delivery of a request for consultations under Article 242(2) of this Agreement, request that a Panel of Experts be convened to examine a matter that has not been satisfactorily addressed through government consultations. 2. The provisions of Sub-Section 1 (Arbitration procedure) and Sub-Section 3 (Common provisions), of Section 3 (Dispute settlement procedures), and of Article 270 of Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement, as well as the Rules of Procedure in Annex XX to this Agreement and the Code of Conduct for Arbitrators and Mediators (‘Code of Conduct’') set out in Annex XXI to this Agreement shall apply, except as otherwise provided in this Article. 3. At its first meeting after the entry into force of this Agreement, the Trade and Sustainable Development Sub- Committee shall establish a list of at least 15 individuals who are willing and able to serve as experts in panel procedures. Each Party shall propose at least five individuals to serve as experts. The Parties shall also select at least five individuals who are not nationals of either Party who may serve as chairperson to the Panel of Experts. The Trade and Sustainable Development Sub-Committee shall ensure that the list is always maintained at this level. 4. The list referred to in paragraph 3 of this Article shall comprise individuals with specialised knowledge or expertise in law, labour or environmental issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the matter at stake, or be affiliated with the government of any Party, and shall comply with Annex XXI to this Agreement. 5. For matters arising under this Chapter, the Panel of Experts shall be composed of experts from the list referred to in paragraph 3 of this Article, in accordance with Article 249 of this Agreement and rule 8 of the Rules of Procedure set out in Annex XX to this Agreement. 6. The Panel of Experts may seek information and advice from either Party, the domestic advisory group(s) or any other source it deems appropriate. In matters related to the respect of multilateral agreements as set out in Article 229 and 230 of this Agreement, the Panel of Experts should seek information and advice from the ILO or MEA bodies. 7. The Panel of Experts shall issue its report to the Parties, in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement, setting out the findings of facts, the applicability of the relevant provisions and the basic rationale behind any findings and recommendations that it makes. The Parties shall make the report publicly available within 15 days of its issuance. 8. The Parties shall discuss appropriate measures to be implemented taking into account the Panel of Experts' report and recommendations. The Party concerned shall inform its advisory groups and the other Party of its decisions on any action or measure to be implemented no later than three months after the public release of the report. The follow-up to the report and the recommendations of the Panel of Experts shall be monitored by the Trade and Sustainable Devel­ opment Sub-Development Sub- committee. The advisory bodies and the Joint Civil Society Dialogue Forum may submit observations to the Trade and Sustainable Development Sub-Committee in this regard.

Panel of Experts. 1. Each Party may, 90 days after the delivery of a request for consultations under Article 242(2378(2) of this Agreement, request that a Panel of Experts be convened to examine a matter that has not been satisfactorily addressed through government consultations. 2. The provisions of Sub-Section Sub‑Section 1 (Arbitration procedure) and Sub-Section Sub‑Section 3 (Common provisions), of Section 3 (Dispute settlement procedures)3, and of Article 270 406 of Chapter 14 (Dispute Settlement) of Title IV V (Trade and Trade- related Trade‑related Matters) of this Agreement, as well as the Rules of Procedure in Annex XX XXXIII to this Agreement and the Code of Conduct for Arbitrators and Mediators (‘"Code of Conduct’") set out in Annex XXI XXXIV to this Agreement Agreement, shall apply, except as otherwise provided in this Article. 3. At its first meeting after the entry into force of this Agreement, the Trade and Sustainable Development Sub- Committee Sub‑Committee shall establish a list of at least 15 individuals who are willing and able to serve as experts in panel Panel procedures. Each Party shall propose at least five individuals to serve as experts. The Parties shall also select at least five individuals who are not nationals of either Party who may serve as chairperson to the Panel of Experts. The Trade and Sustainable Development Sub-Committee Sub‑Committee shall ensure that the list is always maintained at this that level. 4. The list referred to in paragraph 3 of this Article shall comprise individuals with specialised knowledge or expertise in law, labour or environmental issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the matter at stake, or be affiliated with the government of any Party, and shall comply with the Code of Conduct set out in Annex XXI XXXIV to this Agreement. 5. For matters arising under this Chapter, the Panel of Experts shall be composed of experts from the list referred to in paragraph 3 of this Article, in accordance with Article 249 385 of this Agreement and rule 8 of the Rules of Procedure set out in Annex XX XXXIII to this Agreement. 6. The Panel of Experts may seek information and advice from either Party, the domestic advisory group(s) or any other source it deems appropriate. In matters related to the respect of multilateral agreements as set out in Article 229 Articles 365 and 230 366 of this Agreement, the Panel of Experts should seek information and advice from the ILO or MEA bodies. 7. The Panel of Experts shall issue its report to the Parties, in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title IV V (Trade and Trade-related Trade‑related Matters) of this Agreement, setting . That report shall set out the findings of facts, the applicability of the relevant provisions and the basic rationale behind any findings and recommendations that it makes. The Parties shall make the report publicly available within 15 days of its issuance. 8. The Parties shall discuss appropriate measures to be implemented implemented, taking into account the Panel of Experts' report and recommendations. The Party concerned shall inform its advisory groups group(s) and the other Party of its decisions on any action or measure to be implemented no later than three months after the public release of the report. The follow-up follow‑up to the report and the recommendations of the Panel of Experts shall be monitored by the Trade and Sustainable Devel­ opment Sub-committeeDevelopment Sub‑Committee. The advisory bodies and the Joint Civil Society Dialogue Forum may submit observations to the Trade and Sustainable Development Sub-Committee Sub‑Committee in that regard. ARTICLE 380 The objective of this regardChapter is to establish an effective and efficient mechanism for avoiding and settling any dispute between the Parties concerning the interpretation and application of Title V (Trade and Trade‑related Matters) of this Agreement with a view to arriving, where possible, at a mutually agreed solution. ARTICLE 381 This Chapter shall apply with respect to any dispute concerning the interpretation and application of the provisions of Title V (Trade and Trade‑related Matters) of this Agreement, except as otherwise provided.

Panel of Experts. 1. Each Party may, 90 days after If the delivery Parties concerned fail to reach a mutually satisfactory resolution of a request for matter arising under this Chapter through consultations under Article 242(211.3 (Consultations), a Party concerned may request the establishment of a panel of experts. Articles 11.4 (Establishment of Arbitration Panel) and 11.5 (Procedures of the Arbitration Panel) shall apply mutatis mutandis, except as otherwise provided for in this Agreement, request that a Panel of Experts be convened to examine a matter that has not been satisfactorily addressed through government consultationsArticle. 2. The provisions of Sub-Section 1 (Arbitration procedure) panellists shall have relevant expertise, including in international trade law and Sub-Section 3 (Common provisions), of Section 3 (Dispute settlement procedures), and of Article 270 of Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement, as well as the Rules of Procedure in Annex XX to this Agreement and the Code of Conduct for Arbitrators and Mediators (‘Code of Conduct’) set out in Annex XXI to this Agreement shall apply, except as otherwise provided in this Article. 3. At its first meeting after the entry into force of this Agreement, the Trade and Sustainable Development Sub- Committee shall establish a list of at least 15 individuals who are willing and able to serve as experts in panel procedures. Each Party shall propose at least five individuals to serve as experts. The Parties shall also select at least five individuals who are not nationals of either Party who may serve as chairperson to the Panel of Experts. The Trade and Sustainable Development Sub-Committee shall ensure that the list is always maintained at this level. 4. The list referred to in paragraph 3 of this Article shall comprise individuals with specialised knowledge or expertise in law, international labour law or environmental issues addressed in this Chapter, or the resolution of disputes arising under international agreementslaw. They shall be independent, serve in their individual capacities and shall not take instructions from any organisation or government with regard to issues related to the matter at stakedisagreement, or be affiliated with the government of a Party. 3. The panel of experts should seek information or advice from relevant international organisations or bodies. Any information obtained shall be submitted to the Parties concerned for their comments. 4. The panel of experts shall submit an initial report containing its findings and recommendations to the Parties concerned within 90 days from the date of establishment of the panel of experts. A Party concerned may submit written comments to the panel of experts on its initial report within 14 days from the date of receipt of the report. After considering any Partysuch written comments, the panel of experts may modify the initial report and make any further examination it considers appropriate. The panel of experts shall comply with Annex XXI present to this Agreementthe Parties concerned a final report within 30 days from the date of receipt of the initial report. The final report shall be made public. 5. For matters arising under this Chapter, The Parties concerned shall discuss appropriate measures to implement the Panel final report of Experts the panel of experts. Such measures shall be composed communicated to the other Parties within three months from the date of issuance of the final report and shall be monitored by the Joint Committee. 6. Any time period for the purposes of this Article may be modified by mutual agreement of the Parties concerned. 7. When a panel of experts from considers that it cannot comply with a timeframe imposed on it for the list referred to in paragraph 3 purposes of this Article, it shall inform the Parties concerned in accordance with Article 249 of this Agreement writing and rule 8 provide an estimate of the Rules of Procedure set out in Annex XX to this Agreement. 6additional time required. The Panel of Experts may seek information and advice from either Party, the domestic advisory group(s) or any other source it deems appropriate. In matters related to the respect of multilateral agreements as set out in Article 229 and 230 of this Agreement, the Panel of Experts Any additional time should seek information and advice from the ILO or MEA bodies. 7. The Panel of Experts shall issue its report to the Parties, in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement, setting out the findings of facts, the applicability of the relevant provisions and the basic rationale behind any findings and recommendations that it makes. The Parties shall make the report publicly available within 15 days of its issuancenot exceed 30 days. 8. The costs of the panel of experts shall be borne by the Parties concerned in equal shares. Each Party concerned shall discuss appropriate measures bear its own legal and other costs incurred in relation to the panel of experts. The panel of experts may decide that the costs be implemented distributed differently taking into account the Panel of Experts' report and recommendations. The Party concerned shall inform its advisory groups and the other Party of its decisions on any action or measure to be implemented no later than three months after the public release particular circumstances of the reportcase. 9. The follow-up to Where a procedural question arises, the report and panel of experts may, after consultation with the recommendations of the Panel of Experts shall be monitored by the Trade and Sustainable Devel­ opment Sub-committee. The advisory bodies and the Joint Civil Society Dialogue Forum may submit observations to the Trade and Sustainable Development Sub-Committee in this regardParties concerned, adopt an appropriate procedure.

Panel of Experts. 1. Each If, no later than 75 days of the date of the request by a Party mayto convene the Committee pursuant to paragraph 5 of Article 16.17, 90 days after the delivery Parties do not reach a mutually satisfactory resolution of a request for consultations under Article 242(2) the matter concerning the interpretation or application of the relevant Articles of this AgreementChapter, a Party may request that a Panel panel of Experts experts be convened to examine a the matter that has not been satisfactorily addressed in accordance with the terms of reference referred to in paragraph 2. Such request shall be made in writing through government consultationsthe contact point of the other Party referred to in Article 16.14 and shall identify the reasons for the request, including the identification of the matter to be resolved and an indication of its factual and legal basis. 2. The provisions Committee shall, within one year of Sub-Section 1 (Arbitration procedure) and Sub-Section 3 (Common provisions), the date of Section 3 (Dispute settlement procedures), and of Article 270 of Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement, as well as the Rules of Procedure in Annex XX to this Agreement and the Code of Conduct for Arbitrators and Mediators (‘Code of Conduct’) set out in Annex XXI to this Agreement shall apply, except as otherwise provided in this Article. 3. At its first meeting after the entry into force of this Agreement, adopt the Trade rules of procedure and Sustainable Development Sub- Committee shall establish a list the terms of at least 15 individuals who are willing and able to serve as experts in reference for the panel procedures. Each Party shall propose at least five individuals to serve as of experts. The rules of procedure shall identify the procedures for finding the relevant information. The panel shall interpret the relevant Articles of this Chapter in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties, done at Vienna on 23 May 1969. Pending the establishment of those rules of procedure and terms of reference, the Rules of Procedure referred to in Article 21.30 shall apply mutatis mutandis, and the terms of reference shall be, unless the Parties agree otherwise no later than five days after the date of establishment of the panel, as follows: "to examine, in the light of the relevant Articles of Chapter 16, the matter referred to in the request for the establishment of the panel of experts, and to issue a report in accordance with paragraph 5 of Article 16.18, making recommendations for the resolution of the matter". 3. The panel of experts may obtain information from any source it deems appropriate. For matters related to ILO instruments or multilateral environmental agreements, it should seek information and advice from the relevant international organisations or bodies. Any information obtained pursuant to this paragraph shall also select at least five individuals who are not nationals of either Party who may serve as chairperson be submitted to the Panel of Experts. The Trade and Sustainable Development Sub-Committee shall ensure that the list is always maintained at this levelParties for their comments. 4. The list referred panel shall be composed of three experts. They shall be selected in accordance with subparagraphs (a) to in paragraph 3 of this Article (e). (a) The experts shall comprise individuals with specialised knowledge have relevant technical or legal expertise in law, labour or environmental the issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independentindependent of, and not be affiliated with or take instructions from, either Party. They shall serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to government, nor have been involved in the matter in question in any capacity. (b) Each Party shall, no later than 45 days after the date of receipt of the request to convene the panel, appoint one expert who may be a national of that Party and propose up to three candidates to serve as the chairperson of the panel. The chairperson shall not be a national of either Party. The Parties shall agree on and appoint the chairperson from the proposed candidates no later than 15 days after the expiry of the 45 day period. (c) If a Party has not appointed an expert or if the Parties have not agreed on nor appointed the chairperson pursuant to subparagraph (b), the experts or the chairperson not yet appointed shall be chosen no later than 15 days after the expiry of the 15 day period provided for in subparagraph (b) by lot from the candidates proposed pursuant to subparagraph (d). (d) The Committee shall, within one year of the date of entry into force of this Agreement, establish a list of at stake, or be affiliated with the government of any Partyleast 10 individuals who are willing and able to serve as experts pursuant to this Article, and who meet the qualifications set out in subparagraph (a). The list shall comply with Annex XXI be composed of three sub-lists: one for each Party and one for individuals who are not nationals of either Party and who shall act as the chairperson of the panel. Each Party shall select at least three individuals to serve as experts for its sub-list. Unless the Parties agree otherwise, they shall jointly select four individuals for the sub-list of chairpersons. The Committee will ensure that the number of individuals on the list is always maintained at the level required by this Agreementsubparagraph. (e) The date of establishment of a panel shall be the date on which the chairperson is appointed. 5. For matters arising under this Chapter, the Panel of Experts shall be composed The panel of experts from the list referred to in paragraph 3 of this Article, in accordance with Article 249 of this Agreement and rule 8 of the Rules of Procedure set out in Annex XX to this Agreement. 6. The Panel of Experts may seek information and advice from either Party, the domestic advisory group(s) or any other source it deems appropriate. In matters related to the respect of multilateral agreements as set out in Article 229 and 230 of this Agreement, the Panel of Experts should seek information and advice from the ILO or MEA bodies. 7. The Panel of Experts shall issue its an interim and a final report to the Parties, in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement, Parties setting out the findings of facts, the interpretation or the applicability of the relevant provisions Articles and the basic rationale behind any findings and recommendations suggestions. No later than 45 days after the date of receipt of the interim report, which shall be issued no later than 90 days after the date of establishment of the panel, the Parties may submit written comments on that report. After considering any such written comments, the panel of experts may modify the report and make any further examination it makesconsiders appropriate. The final report shall be issued no later than 180 days after the date of establishment of the panel, unless the chairperson of the panel notifies the Parties in writing that the deadline cannot be met. In that case, the final report shall be issued no later than 200 days after the date of establishment of the panel, unless the Parties agree otherwise. The final report shall be made publicly available. The Parties shall make ensure the report publicly available within 15 days protection of its issuanceconfidential information. 86. The Parties shall discuss appropriate actions or measures to be implemented resolve the matter in question, taking into account the Panel of Experts' panel's final report and recommendationsits suggestions. The Each Party concerned shall inform its advisory groups and the other Party and its own domestic advisory group or groups of its decisions on any action follow-up actions or measure to be implemented measures no later than three months after the public release date of issuance of the final report. The follow-up to the report and the recommendations of the Panel of Experts actions or measures shall be monitored by the Trade and Sustainable Devel­ opment Sub-committeeCommittee. The domestic advisory bodies group or groups and the Joint Civil Society Dialogue Forum may submit their observations in this regard to the Trade and Sustainable Development Sub-Committee in this regardCommittee.

Panel of Experts. 1. Each For any matter that is not satisfactorily addressed through consultations under Article 23.9, a Party may, 90 days after the delivery receipt of a request for consultations under Article 242(2) of this Agreement23.9.1, request that a Panel of Experts be convened to examine that matter, by delivering a matter that has not been satisfactorily addressed through government consultationswritten request to the contact point of the other Party. 2. The Subject to the provisions of Sub-Section 1 (Arbitration procedure) and Sub-Section 3 (Common provisions)this Chapter, of Section 3 (Dispute settlement procedures), and of Article 270 of Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement, as well as the Parties shall apply the Rules of Procedure in Annex XX to this Agreement and the Code of Conduct for Arbitrators and Mediators (‘Code of Conduct’) set out in Annex XXI to this Agreement shall applyAnnexes 29‑A and 29‑B, except as otherwise provided in this Articleunless the Parties decide otherwise. 3. At The Panel of Experts is composed of three panellists. 4. The Parties shall consult with a view to reaching an agreement on the composition of the Panel of Experts within 10 working days of the receipt by the responding Party of the request for the establishment of a Panel of Experts. Due attention shall be paid to ensuring that proposed panellists meet the requirements set out in paragraph 7 and have the expertise appropriate to the particular matter. 5. If the Parties are unable to decide on the composition of the Panel of Experts within the period of time specified in paragraph 4, the selection procedure set out in paragraphs 3 through 7 of Article 29.7 (Composition of the arbitration panel) applies in respect of the list established in paragraph 6. 6. The Committee on Trade and Sustainable Development shall, at its first meeting after the entry into force of this Agreement, the Trade and Sustainable Development Sub- Committee shall establish a list of at least 15 nine individuals chosen for their objectivity, reliability and sound judgment, who are willing and able to serve as experts in panel procedurespanellists. Each Party shall propose name at least five three individuals to the list to serve as expertspanellists. The Parties shall also select name at least five three individuals who are not nationals of either Party and who may are willing and able to serve as chairperson to the of a Panel of Experts. The Committee on Trade and Sustainable Development Sub-Committee shall ensure that the list is always maintained at this level. 47. The list referred to in paragraph 3 of this Article shall comprise individuals with experts proposed as panellists must have specialised knowledge or expertise in labour law, labour or environmental other issues addressed in this Chapter, or in the resolution of disputes arising under international agreements. They shall must be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the matter at stake, or in issue. They must not be affiliated with the government of any either Party, and shall must comply with Annex XXI to this Agreement. 5. For matters arising under this Chapter, the Panel Code of Experts shall be composed of experts from the list Conduct referred to in paragraph 3 of this Article, in accordance with Article 249 of this Agreement and rule 8 of the Rules of Procedure set out in Annex XX to this Agreement. 6. The Panel of Experts may seek information and advice from either Party, the domestic advisory group(s) or any other source it deems appropriate. In matters related to the respect of multilateral agreements as set out in Article 229 and 230 of this Agreement, the Panel of Experts should seek information and advice from the ILO or MEA bodies. 7. The Panel of Experts shall issue its report to the Parties, in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement, setting out the findings of facts, the applicability of the relevant provisions and the basic rationale behind any findings and recommendations that it makes. The Parties shall make the report publicly available within 15 days of its issuance2. 8. The Unless the Parties shall discuss appropriate measures to be implemented taking into account the Panel of Experts' report and recommendations. The Party concerned shall inform its advisory groups and the other Party of its decisions on any action or measure to be implemented no later than three months after the public release decide otherwise, within five working days of the report. The follow-up to date of the report and selection of the recommendations panellists, the terms of reference of the Panel of Experts shall be monitored by the Trade and Sustainable Devel­ opment Sub-committee. The advisory bodies and the Joint Civil Society Dialogue Forum may submit observations to the Trade and Sustainable Development Sub-Committee in this regard.are as follows:

Panel of Experts. 1. Each Unless the Parties otherwise agree, a Party may, 90 days after the delivery of a request for consultations under Article 242(2) of this Agreement13.14.1, request that a Panel of Experts be convened to examine a the matter that has not been satisfactorily addressed through government consultations. 2. The provisions of Sub-Section 1 (Arbitration procedure) and Sub-Section 3 (Common provisions), of Section 3 (Dispute settlement procedures), and of Article 270 of Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement, as well as the Rules of Procedure in Annex XX to this Agreement and the Code of Conduct for Arbitrators and Mediators (‘Code of Conduct’) set out in Annex XXI to this Agreement shall apply, except as otherwise provided in this Article. 3. At its first meeting after the entry into force of this Agreement, the Trade and Sustainable Development Sub- Committee shall establish a list of at least 15 individuals who are willing and able to serve as experts in panel procedures. Each Party shall propose at least five individuals to serve as experts. The Parties shall also select at least five individuals who are not nationals of either Party who may serve as chairperson can make submissions to the Panel of Experts. The Trade and Sustainable Development Sub-Committee shall ensure that the list is always maintained at this level. 4. The list referred to in paragraph 3 of this Article shall comprise individuals with specialised knowledge or expertise in law, labour or environmental issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the matter at stake, or be affiliated with the government of any Party, and shall comply with Annex XXI to this Agreement. 5. For matters arising under this Chapter, the Panel of Experts shall be composed of experts from the list referred to in paragraph 3 of this Article, in accordance with Article 249 of this Agreement and rule 8 of the Rules of Procedure set out in Annex XX to this Agreement. 6. The Panel of Experts may should seek information and advice from either Party, the domestic advisory group(sDomestic Advisory Group(s) or any other source it deems appropriate. In matters related to the respect of multilateral agreements international organisations as set out in Article 229 and 230 of this Agreement13.14, the Panel of Experts should seek information and advice from the ILO or MEA bodies. 7as it deems appropriate. The Panel of Experts shall issue its report to the Parties, be convened within two months of a Party’s request. 2. The Panel of Experts that is selected in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of paragraph 3, shall provide its expertise in implementing this Agreement, setting out Chapter. Unless the findings of factsParties otherwise agree, the applicability Panel of Experts shall, within 90 days of the relevant provisions and last expert being selected, present to the basic rationale behind any findings and recommendations that it makesParties a report. The Parties shall make the report publicly available within 15 days their best efforts to accommodate advice or recommendations of its issuance. 8. The Parties shall discuss appropriate measures to be implemented taking into account the Panel of Experts' report and recommendationsExperts on the implemen­ tation of this Chapter. The Party concerned shall inform its advisory groups and the other Party of its decisions on any action or measure to be implemented no later than three months after the public release implementation of the report. The follow-up to the report and the recommendations recommen­ dations of the Panel of Experts shall be monitored by the Committee on Trade and Sustainable Devel­ opment Sub-committeeDevelopment. The advisory bodies and report of the Joint Civil Society Dialogue Forum may submit observations Panel of Experts shall be made available to the Trade Domestic Advisory Group(s) of the Parties. As regards confi­ dential information, the principles in Annex 14-B (Rules of Procedure for Arbitration) apply. 3. Upon the entry into force of this Agreement, the Parties shall agree on a list of at least 15 persons with expertise on the issues covered by this Chapter, of whom at least five shall be non-nationals of either Party who will serve as chair of the Panel of Experts. The experts shall be independent of, and Sustainable Development Sub-Committee not be affiliated with or take instructions from, either Party or organisations represented in this regardthe Domestic Advisory Group(s). Each Party shall select one expert from the list of experts within 30 days of the receipt of the request for the establishment of a Panel of Experts. If a Party fails to select its expert within such period, the other Party shall select from the list of experts a national of the Party that has failed to select an expert. The two selected experts shall decide on the chair who shall not be a national of either Party.

Panel of Experts. 1. Each Party may, 90 days after the delivery of a request for consultations under Article 242(2) of this Agreement, request that a Panel of Experts be convened to examine a matter that has not been satisfactorily addressed through government consultations. 2. The provisions of Sub-Section 1 (Arbitration procedure) and Sub-Section 3 (Common provisions), of Section 3 (Dispute settlement procedures), and of Article 270 of Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- Trade-related Matters) of this Agreement, as well as the Rules of Procedure in Annex XX to this Agreement and the Code of Conduct for Arbitrators and Mediators (‘"Code of Conduct’") set out in Annex XXI to this Agreement shall apply, except as otherwise provided in this Article. 3. At its first meeting after the entry into force of this Agreement, the Trade and Sustainable Development Sub- Sub-Committee shall establish a list of at least 15 individuals who are willing and able to serve as experts in panel procedures. Each Party shall propose at least five individuals to serve as experts. The Parties shall also select at least five individuals who are not nationals of either Party who may serve as chairperson to the Panel of Experts. The Trade and Sustainable Development Sub-Committee Sub‑Committee shall ensure that the list is always maintained at this level. 4. The list referred to in paragraph 3 of this Article shall comprise individuals with specialised knowledge or expertise in law, labour or environmental issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the matter at stake, or be affiliated with the government of any Party, and shall comply with Annex XXI to this Agreement. 5. For matters arising under this Chapter, the Panel of Experts shall be composed of experts from the list referred to in paragraph 3 of this Article, in accordance with Article 249 of this Agreement and rule 8 of the Rules of Procedure set out in Annex XX to this Agreement. 6. The Panel of Experts may seek information and advice from either Party, the domestic advisory group(s) or any other source it deems appropriate. In matters related to the respect of multilateral agreements as set out in Article 229 and 230 of this Agreement, the Panel of Experts should seek information and advice from the ILO or MEA bodies. 7. The Panel of Experts shall issue its report to the Parties, in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade-related Matters) of this Agreement, setting out the findings of facts, the applicability of the relevant provisions and the basic rationale behind any findings and recommendations that it makes. The Parties shall make the report publicly available within 15 days of its issuance. 8. The Parties shall discuss appropriate measures to be implemented taking into account the Panel of Experts' report and recommendations. The Party concerned shall inform its advisory groups and the other Party of its decisions on any action or measure to be implemented no later than three months after the public release of the report. The follow-up to the report and the recommendations of the Panel of Experts shall be monitored by the Trade and Sustainable Devel­ opment Development Sub-committee. The advisory bodies and the Joint Civil Society Dialogue Forum may submit observations to the Trade and Sustainable Development Sub-Committee in this regard. The objective of this Chapter is to establish an effective and efficient mechanism for avoiding and settling any dispute between the Parties concerning the interpretation and application of Title IV (Trade and Trade-related Matters) of this Agreement with a view to arriving at, where possible, a mutually agreed solution.

Panel of Experts. 1. Each For any matter that is not satisfactorily addressed through consultations under Article 24.14, a Party may, 90 days after the delivery receipt of a the request for consultations under Article 242(2) of this Agreement24.14.1, request that a Panel of Experts be convened to examine that matter, by delivering a matter that has not been satisfactorily addressed through government consultationswritten request to the contact point of the other Party. 2. The Subject to the provisions of Sub-Section 1 (Arbitration procedure) and Sub-Section 3 (Common provisions)this Chapter, of Section 3 (Dispute settlement procedures), and of Article 270 of Chapter 14 (Dispute Settlement) of Title IV (Trade and Trade- related Matters) of this Agreement, as well as the Parties shall apply the Rules of Procedure in Annex XX to this Agreement and the Code of Conduct for Arbitrators and Mediators (‘Code of Conduct’) set out in Annex XXI to this Agreement shall applyAnnexes 29‑A and 29‑B, except as otherwise provided in this Articleunless the Parties decide otherwise. 3. At The Panel of Experts is composed of three panellists. 4. The Parties shall consult with a view to reaching an agreement on the composition of the Panel of Experts within 10 working days of the receipt by the responding Party of a request for the establishment of a Panel of Experts. Due attention shall be paid to ensuring that proposed panellists meet the requirements set out in paragraph 7 and have the expertise appropriate to the particular matter. 5. If the Parties are unable to decide on the composition of the Panel of Experts within the period of time specified in paragraph 4, the selection procedure set out in paragraphs 3 through 7 of Article 29.7 (Composition of the arbitration panel) applies in respect of the list established in paragraph 6. 6. The Committee on Trade and Sustainable Development shall, at its first meeting after the entry into force of this Agreement, the Trade and Sustainable Development Sub- Committee shall establish a list of at least 15 nine individuals chosen for their objectivity, reliability, and sound judgment, who are willing and able to serve as experts in panel procedurespanellists. Each Party shall propose name at least five three individuals to the list to serve as expertspanellists. The Parties shall also select name at least five three individuals who are not nationals of either Party and who may are willing and able to serve as chairperson to the of a Panel of Experts. The Committee on Trade and Sustainable Development Sub-Committee shall ensure that the list is always maintained at this level. 47. The list referred to in paragraph 3 of this Article shall comprise individuals with experts proposed as panellists must have specialised knowledge or expertise in environmental law, labour or environmental issues addressed in this Chapter, or in the resolution of disputes arising under international agreements. They shall must be independent, serve in their individual capacities and not take instructions from any organisation or government with regard to issues related to the matter at stake, or in issue. They must not be affiliated with the government governments of any either Party, and shall must comply with Annex XXI the Code of Conduct referred to this Agreementin paragraph 2. 58. For matters arising under this ChapterUnless the Parties otherwise decide, within five working days of the date of the selection of the panellists, the terms of reference of the Panel of Experts shall be composed are as follows: "to examine, in the light of experts from the list relevant provisions of Chapter Twenty‑Four (Trade and Environment), the matter referred to in paragraph 3 the request for the establishment of this Articlethe Panel of Experts, and to deliver a report in accordance with Article 249 24.15 (Panel of this Agreement Experts) of Chapter Twenty‑Four (Trade and rule 8 Environment), that makes recommendations for the resolution of the Rules of Procedure set out in Annex XX to this Agreementmatter". 6. The Panel of Experts may seek information and advice from either Party, the domestic advisory group(s) or any other source it deems appropriate9. In respect of matters related to the respect of multilateral environmental agreements as set out in Article 229 and 230 of this Agreement24.4, the Panel of Experts should seek views and information and advice from the ILO relevant bodies established under these agreements, including any pertinent available interpretative guidance, findings, or MEA bodies.decisions adopted by those bodies.1 710. The Panel of Experts shall issue its report to the Parties, in accordance with the relevant procedures set out in Chapter 14 (Dispute Settlement) of Title IV (Trade Parties an interim report and Trade-related Matters) of this Agreement, a final report setting out the findings of factsfact, its determinations on the applicability of matter, including as to whether the relevant provisions responding Party has conformed with its obligations under this Chapter and the basic rationale behind any findings findings, determinations and recommendations that it makes. The Panel of Experts shall deliver to the Parties the interim report within 120 days after the last panellist is selected, or as otherwise decided by the Parties. The Parties may provide comments to the Panel of Experts on the interim report within 45 days of its delivery. After considering these comments, the Panel of Experts may reconsider its report or carry out any further examination that it considers appropriate. The Panel of Experts shall deliver the final report to the Parties within 60 days of the submission of the interim report. Each Party shall make the final report publicly available within 15 30 days of its issuancedelivery. 811. The If the final report of the Panel of Experts determines that a Party has not conformed with its obligations under this Chapter, the Parties shall discuss engage in discussions and shall endeavour, within three months of the delivery of the final report, to identify an appropriate measures measure or, if appropriate, to be implemented taking decide upon a mutually satisfactory action plan. In these discussions, the Parties shall take into account the Panel of Experts' report and recommendationsfinal report. The responding Party concerned shall inform inform, in a timely manner, its advisory groups civil society organisations, through the consultative mechanisms referred to in Article 24.13.5, and the other requesting Party of its decisions decision on any action or measure to be implemented no later than three months after the public release of the reportimplemented. The follow-up Committee on Trade and Sustainable Development shall monitor the follow‑up to the final report and the recommendations of the Panel of Experts shall be monitored by the Trade and Sustainable Devel­ opment Sub-committeeExperts. The advisory bodies civil society organisations, through the consultative mechanisms referred to in Article 24.13.5, and the Joint Civil Society Dialogue Forum may submit observations to the Committee on Trade and Sustainable Development Sub-Committee in this regard. 12. If the Parties reach a mutually agreed solution to the matter following the establishment of a Panel of Experts, they shall notify the Committee on Trade and Sustainable Development and the Panel of Experts of that solution. Upon that notification, the panel procedure shall be terminated.