Common use of Panel Selection Clause in Contracts

Panel Selection. 1. The Parties shall apply the following procedures in selecting a panel: (a) The panel shall comprise three members. (b) Within 15 days following the date of the receipt of the request for the establishment of the panel, each Party shall nominate a panelist. If a Party fails to appoint a panelist within this period, the panelist shall be selected by the other Party, unless the Parties otherwise agree. (c) The Parties shall endeavor to agree on a third panelist who shall serve as chair within 15 days following the date the second panelist has been selected. If the Parties are unable to agree on the chair of the panel within this period, the Parties shall within the next 10 days exchange their respective list comprising four nominees who are not nationals of either Party. The chair shall then be appointed in the presence of the Parties, in person or by any technological means available to the Parties, by lot from among the nominees on the lists within 10 days following the date of exchange of the lists. If a Party fails to submit its list of four nominees, the chair shall be appointed by lot from among the nominees on the list already submitted by the other Party. (d) The chair of the panel shall not be a national of either Party, nor have his or her usual place of residence in the territory of either Party, nor be or have been employed by either Party, nor have dealt in any capacity with the subject matter of the dispute, unless the Parties otherwise agree. (e) The Parties shall endeavor to appoint panelists who have expertise or experience relevant to the subject matter of the dispute. 2. If a Party considers that a panelist has violated, or is in violation of, the code of conduct, the Parties shall consult and if they agree, the panelist shall be replaced with a new panelist in accordance with this Article.

Panel Selection. 1. The Parties shall apply the following procedures in selecting a panelPanel: (a) The panel Panel shall comprise three 3 members. (b) Within 15 Each Party shall appoint a panelist within 10 days following the date of the receipt delivery of the request for the establishment of the panel, each Party shall nominate a panelist. If a Party fails to appoint a panelist within this period, the panelist shall be selected by the other Party, unless the Parties otherwise agreePanel. (c) Panelists shall normally be selected from the list. Any Party may exercise a peremptory challenge against any individual not on the list who is proposed as a panelist by a Party within 10 days after the individual has been proposed. (d) The Parties shall endeavor endeavour to agree on a third panelist who shall not be a national of any of the Parties to serve as chair the chairperson of the Panel within 15 days following of the date appointment of the second panelist has been selectedpanelist. If the Parties are unable to agree on the chair of the panel within cannot reach an agreement during this period, the Parties 2 appointed panelists shall endeavour to unanimously select a third panelist to serve as chairperson within the next following 10 days exchange their respective days. (e) In the event that a panelist cannot be appointed in accordance with the procedures set out in subparagraphs (c) and (d), said panelist shall be selected by lot among the relevant list comprising four nominees who are members established under Article 17.7 (List of Panelists); namely, the members of the list proposed by the Party that did not nationals appoint a panelist or the members of either Partythe list that the Parties agreed on to act as chairperson. The chair shall then be appointed in the presence of the Commission or the chair’s designee shall carry out the lot within 5 days of receipt of a request to do so from one or both Parties. The lot shall be carried out at a time and place to be promptly communicated to the Parties. The Parties may, if they so choose, be present during the lot in person or by any technological means available to the Parties, by lot from among the nominees on the lists within 10 days following the date of exchange of the lists. If a Party fails to submit its list of four nominees, the chair shall be appointed by lot from among the nominees on the list already submitted by the other Partymeans. (df) The chair All panelists shall meet the qualifications set out in Article 17.7 (List of the panel Panelists). Each Party shall not be a national of either Party, nor have his or her usual place of residence in the territory of either Party, nor be or have been employed by either Party, nor have dealt in any capacity with the subject matter of the dispute, unless the Parties otherwise agree. (e) The Parties shall endeavor endeavour to appoint panelists who have expertise or experience relevant to the subject matter of the dispute, as appropriate. 2. If (g) Individuals may not serve as panelists for a Party considers that a panelist has violated, or is dispute in violation of, the code of conduct, the Parties shall consult and if which they agree, the panelist shall be replaced with a new panelist have participated in accordance with this another capacity pursuant to Article.

Panel Selection. 1. The Parties shall apply the following procedures in selecting a the selection of the panel: (aA) The the panel shall comprise be composed of three members. (bB) Within within 15 days following from the date of the receipt of the request for the establishment of the panelpanel request, each Party shall nominate designate a panelist. If a Party fails to appoint a designate the panelist within this periodthe time limit, the other Party shall designate the panelist shall be selected by within the names indicated in the panelist list referred to in paragraph 3 of the Party that did not designate the panelist. In the absence of such a list, the other Party, unless Party shall designate the Parties otherwise agreepanelist. (cC) The Parties shall endeavor to agree on a designate the third panelist panelist, who shall serve as chair of the panel, within 15 days following from the date of selection of the second panelist has been selectedpanelist. If the Parties are unable fail to agree on the chair of panel chairmanship within the panel within this periodperiod specified, the Parties shall within the next 10 days exchange their respective list comprising lists of four nominees candidates, who are not nationals of either Party, within the next 10 days. The chair President shall then be appointed drawn from the list of candidates by lot in the presence of the Parties, in person or by any technological means available to the Parties, by lot from among the nominees on the lists within 10 days following of the date of exchange of the lists. If a Party fails to submit its list of four nomineescandidates, the chair President shall be appointed by lot drawing lots from among the nominees on the list already submitted by the other Party. (dD) The chair of the panel chairman shall not be a national of either Partyany of the Parties, nor have his or her usual current place of residence in the territory of either Partyany of the Parties, nor or be or have been employed by either Partyany of the Parties, nor or have dealt treated at any level The matter arising in any capacity with the subject matter of the dispute, unless the Parties otherwise agreeparties agree otherwise. (eE) The Parties shall endeavor to appoint select panelists who have expertise having relevant knowledge or experience relevant to on the subject matter of the dispute. 2. If a Party considers that a panelist has violated, violated or is in violation of, violating the code of conduct, the Parties shall consult and and, if they agree, the panelist shall be replaced with by a new panelist in accordance with this Article. 3. For the purposes of the provisions of this Article, within 180 days of the date of entry into force of the Agreement, each Party shall notify, through its respective Coordinator, its indicative list of panelists composed of up to 12 candidates.