Common use of Panel Selection Clause in Contracts

Panel Selection. 1. The panel shall comprise three members. The date of establishment of the panel shall be the date on which the chair is appointed. 2. Each disputing Party shall, within 20 days following the date of receipt of the request for the establishment of the panel by the Party complained against, appoint a panelist, who may be a national of that Party, propose up to four candidates to serve as the chair of the panel, and notify the other disputing Party in writing of the name of the appointed panelist and its proposed candidates to serve as the chair, including their relevant background information. 3. Within ten days following the date of the receipt of the request for the establishment of the panel by the Party complained against, the disputing Parties shall endeavour to agree on and appoint the chair from among the candidates proposed by both Parties. 4. If any of the three members have not been designated or appointed within 30 days following the date of the receipt of the request for the establishment of the panel by the Party complained against, the designations shall be made at the request of any disputing Party by the Director-General of the WTO, after having consulted with the disputing Parties. The designation should be made within 30 days following the date of the receipt of that request. 5. If an appointed panelist withdraws, is removed, or becomes unable to serve, a replacement shall be appointed in the following manner: (a) in the case of a panelist appointed by a Party, that Party shall designate a new panelist within 15 days, failing which the replacement shall be appointed in accordance with paragraph 4; and (b) in the case of the chair of the panel, the Parties shall agree on the appointment of a replacement within 30 days, failing which the replacement shall be appointed in accordance with paragraph 4. 6. Any time period applicable to the proceedings shall be suspended for a period beginning on the date the panelist or chair withdraws, is removed, or becomes unable to serve and ending on the date the replacement is appointed. 7. If the Director-General of the WTO is unable to make the designations as set forth in this Chapter or is a national of a disputing Party, the designations shall be made by any Deputy Director-General of the WTO

Appears in 3 contracts

Samples: Free Trade Agreement, Free Trade Agreement, Free Trade Agreement

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Panel Selection. 1. The panel shall comprise three members. The date of establishment of the panel shall be the date on which the chair is appointed. 2. Each disputing Party shall, within 20 days following the date of receipt of the request for the establishment of the panel by the Party complained against, appoint a panelist, who may be a national of that Party, propose up to four candidates to serve as the chair of the panel, and notify the other disputing Party in writing of the name of the appointed panelist and its proposed candidates to serve as the chair, including their relevant background information. 3. Within an additional ten days following the date of the receipt of the request for the establishment of the panel by the Party complained againstdays, the disputing Parties shall endeavour to agree on and appoint the chair from among the candidates proposed by both Parties. 4. If any of the three members have not been designated or appointed within 30 days following the date of the receipt of the request for the establishment of the panel by the Party complained against, the designations shall be made at the request of any disputing Party by the Director-General of the WTO, after having consulted with the disputing Parties. The designation should be made within 30 days following the date of the receipt of that request. 5. If an appointed panelist withdraws, is removed, or becomes unable to serve, a replacement shall be appointed in the following manner: (a) in the case of a panelist appointed by a Party, that Party shall designate a new panelist within 15 days, failing which the replacement shall be appointed in accordance with paragraph 4; and (b) in the case of the chair of the panel, the Parties shall agree on the appointment of a replacement within 30 days, failing which the replacement shall be appointed in accordance with paragraph 4. 6. Any time period applicable to the proceedings shall be suspended for a period beginning on the date the panelist or chair withdraws, is removed, or becomes unable to serve and ending on the date the replacement is appointed. 7. If the Director-General of the WTO is unable to make the designations as set forth in this Chapter or is a national of a disputing Party, the designations shall be made by any Deputy Director-General of the WTO

Appears in 1 contract

Samples: Free Trade Agreement

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