Panel Selection. 1. The Parties shall apply the following procedures in selecting a panel: (a) the panel shall comprise three members; (b) the Parties shall endeavor to agree on the chair of the panel within 15 days of the delivery of the request for the establishment of the panel. If the Parties are unable to agree on the chair within this period, the chair shall be selected by lot within three days from among the roster members who are non-Party nationals; (c) within 15 days of selection of the chair, each Party shall select one panelist; (d) if a Party fails to select its panelist within such period, the panelist shall be selected by lot within three days from among the roster members who are nationals of the Party; and (e) each Party shall endeavor to select panelists who have expertise or experience relevant to the subject matter of the dispute. 2. Panelists shall normally be selected from the roster. A Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by the other Party within 15 days after the individual has been proposed. 3. If a Party believes that a panelist is in violation of the code of conduct, the Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.
Appears in 3 contracts
Samples: Dispute Settlement Agreement, Dispute Settlement Agreement, Dispute Settlement Agreement
Panel Selection. 1. The Parties following procedures shall apply the following procedures in selecting a panelto panel selection:
(a) the panel shall comprise three 3 members;
(b) the Parties shall endeavor endeavour to agree on the chair of and on the panel other 2 panelists within 15 days of the delivery of the request for the establishment of the panel. , If the Parties are unable to agree on the chair within this period, within 5 days the chair shall be selected Party chosen by lot within three days from among shall select an individual as chair who must not be citizen of the roster members who are non-Party nationalsParties;
(c) within 15 days of selection of the chair, each Party shall select one panelist;a panelist who tmust not be a citizen of that Party; and
(d) if a Party fails to select its panelist within such period, the panelist Parties shall be selected choose by lot within three days the panelist from among the roster members who are nationals not citizens of the that Party; and
(e) each Party shall endeavor to select panelists who have expertise or experience relevant to the subject matter of the dispute.
2. Panelists shall normally be selected from the roster. A Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by the other Party within 15 days after the individual has been proposed.
3. If a Party believes that a panelist is in violation of the code of conduct, the Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.
Appears in 3 contracts
Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement
Panel Selection. 1. The Parties shall apply the following procedures in selecting a panel:
(a) the panel shall comprise three members;
(b) the Parties shall endeavor to agree on the chair of the panel within 15 days of the delivery of the request for the establishment of the panel. If the Parties are unable to agree on the chair within this period, the chair shall be selected by lot within three days from among the roster members who are non-Party nationalsnot nationals of a Party;
(c) within 15 days of selection of the chair, each Party shall select one panelist;
(d) if a Party fails to select its a panelist within such this period, the panelist shall be selected by lot within three days from among the roster members who are nationals of the such Party; and
(e) each Party shall endeavor to select panelists who have expertise or experience relevant to the subject matter of the dispute, as appropriate.
2. Panelists shall normally be selected from the roster. A Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by the other Party within 15 days after the individual has been proposed.
3. If a Party believes that a panelist is in violation of the code of conduct, the Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.
Appears in 1 contract
Samples: Dispute Settlement Agreement
Panel Selection. 1. The Parties shall apply the following procedures in selecting a panel:
(a) the panel shall comprise three members;
(b) the Parties shall endeavor to agree on the chair of the panel within 15 days of the delivery of the request for the establishment of the panel. If the Parties are unable to agree on the chair within this period, the chair shall be selected by lot within three days from among the roster members who are non-Party nationalsnot nationals of a Party;
(c) within 15 days of selection of the chair, each Party shall select one panelist;
(d) if a Party fails to select its a panelist within such this period, the panelist shall be selected by lot within three days from among the roster members who are nationals of the that Party; and
(e) each Party shall endeavor to select panelists who have expertise or experience relevant to the subject matter of the dispute, as appropriate.
2. Panelists shall normally be selected from the roster. A Party may exercise a peremptory challenge against any individual not on the roster who is proposed as a panelist by the other Party within 15 days after the individual has been proposed.
3. If a Party believes that a panelist is in violation of the code of conduct, the Parties shall consult and if they agree, the panelist shall be removed and a new panelist shall be selected in accordance with this Article.
Appears in 1 contract
Samples: Dispute Settlement Agreement